HL Deb 21 June 2004 vol 662 cc1010-2

2.58 p.m.

Lord Walton of Detchant asked Her Majesty's Government:

In view of their intention to abolish some quangos, whether they expect to review the constitution and functions of the Human Fertilisation and Embryology Authority.

Lord Warner

My Lords, the answer is yes. The review of the department's arm's-length bodies covers a wide range of organisations, including the Human Fertilisation and Embryology Authority. The constitution and functions of the HFEA are very important and are set out in the Human Fertilisation and Embryology Act 1990. All arm's-length bodies are subject to periodic review and the Human Fertilisation and Embryology Authority is no exception. The Act is also itself the subject of a review, announced by the Parliamentary Under-Secretary of State for Public Health on 21 January 2004.

Lord Walton of Detchant

My Lords, I thank the Minister for that reply. Is he aware that the medical and scientific community regards this admirable body as being the very model of what a regulatory authority ought to be, not only in its licensing role but also in its advisory capacity? The body is widely commended and appreciated in other countries, many of which are now trying to replicate the functions of the HFEA and to produce bodies with a similar constitution. Are the noble Lord and his colleagues willing to accept the old adage: "If it ain't broke, don't fix it"?

Lord Warner

My Lords, I always pay tribute to old adages, in particular when they come from the mouth of the noble Lord. As I have said, on 21 January last we committed ourselves to a review of the 1990 Act. That legislation has served this country well, as has the authority, which has earned an international reputation. But times and many of the technologies have changed and we have to review the Act. I stress also the other part of my Answer: it is important to look at whether there should be changes in the arm's-length bodies themselves.

Baroness Harris of Richmond

My Lords, is the Minister able to tell us when the Government plan to introduce new legislation to cover such issues as human cloning, stem cell research and sperm donation?

Lord Warner

My Lords, the Government have no plans to introduce legislation on subjects such as cloning and stem cell research. These have been thoroughly debated in both Houses of Parliament and we have no plans to make changes in these areas.

The Lord Bishop of Oxford

My Lords, I declare an interest as a recently appointed member of the HFEA. Whatever refiguration of the HFEA might result from this arm's-length body review, does the Minister agree that strict regulation of work on embryos has been essential, is essential and will continue to be essential? Will he ensure that the review takes into account paragraph 8.1 of the House of Lords' Select Committee report on stem cell research? It states: The regulatory system established by the 1990 Act has worked well. The linchpin of the system is the HFEA…it has also been instrumental in reassuring the public that regulation in a particularly emotive area of public policy is carried out effectively and sensitively".

Lord Warner

My Lords, I agree very much with the remarks of the right reverend Prelate. As I said earlier, we pay tribute to the work that the HFEA has done in establishing an internationally recognised system for controlling research and treatment programmes in relation to embryos. We have no intention of abandoning that international reputation.

Baroness Warnock

My Lords, will the Minister reassure the House that whatever the new title of the HFEA—if there is to be one—and whatever its new functions, it will continue to be sufficiently well funded so that it can carry out its duties efficiently, including, especially, the duty of wide consultation on controversial issues? At the moment, this is part of the respect in which it is held as a model for other institutions. It is an open and consultative body. I hope that the Minister can reassure the House that this work will continue to be funded.

Lord Warner

My Lords, the bulk of the HFEA funding comes from the charges that it makes for its inspectorial work. There is certainly no intention on the Government's part to limit the grant that they make to the HFEA.

Earl Howe

My Lords, is the Minister aware that the licence fees levied by the HFEA will go up from £200 to £6,000? We all understand why the costs of regulation have to be covered, but is there not a concern that because of the steepness of the rise, many institutions will not be able to afford the fees and the pioneering work in stem cell research and other areas may simply not be undertaken?

Lord Warner

My Lords, it has been a fairly fundamental point of principle, under this Government and previous governments, that those who are regulated pay the cost of regulation. I will certainly look into the particular issue the noble Earl has raised and will write to him.