HC Deb 17 March 1993 vol 221 cc301-2W
Mr. Jopling

To ask the Secretary of State for Health if she will list the orders arising from the Human Fertilisation and Embryology Act 1990 which have been laid, with dates, together with details of those orders which remain to be laid, with reasons for their delay in each case.

Mr. Sackville

The following orders have arisen from the Human Fertilisation and Embryology Act 1990 as amended by the Human Fertilisation and Embryology (Disclosure of Information) Act 1992:

  • The Human Fertilisation and Embryology Act 1990 (Commencement No. 1) Order 1990. Made 2 November 1990.
  • The Human Fertilisation and Embryology Act 1990 (Commencement No. 2 and Transitional Provision) Order 1991. Made 4 March 1991.
  • The Human Fertilisation and Embryology Act 1990 (Commencement No. 3 and Transitional Provision) Order 1991. Made 16 June 1991.
  • The Human Fertilisation and Embryology Act 1990 (Commencement No. 4 and Transitional Provision) Order 1991. Made 31 July 1991.
  • The Human Fertilisation and Embryology (Special Exemptions) Regulations 1991, in exercise of the powers conferred by Section 43(1) of the Act. Laid—9 July 1991; Came into force—1 August 1991.
  • The Human Fertilisation and Embryology (Statutory Storage Period) Regulations 1991, in exercise of the powers conferred by Section 14(5) of the Act. Laid—11 July 1991; Came into force—1 August 1991.
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  • The Human Fertilisation and Embryology Authority (Licence Committee and Appeals) Regulations 1991, in exercise of the powers conferred by Sections 9(5) and 10 of the Act. Laid—21 July 1991; Came into force—29 August 1991.

Regulations under section 30 of the Act, relating to the granting of parental orders in surrogacy cases, will be laid as soon as possible. For a report on progress with these regulations I refer my hon. Friend to my reply to his question regarding this matter. There are no plans at this time to introduce regulations under section 31(4)(a) of the Act, which concerns information relating to gamete donors.

In addition, the 1990 Act provides for regulations to be made under sections 3(3)(c) and 4(2) of the Act, allowing for the prohibition of techniques; schedule 2, sections 1(1)(g) and 3(2), allowing for the licensing of techniques not previously covered by the Act; and also under section 1(2)(6G) of the Human Fertilisation and Embryology (Disclosure of Information) Act 1992, allowing for additional exceptions to the restrictions on the disclosure of information. These powers are available for use if changed circumstances make this desirable.

We have today laid before the House the Access to Health Records (Control of Access) Regulations 1993 which preclude access under the Access to Health Records Act 1990 to any part of a health record which would identify a person born as a result of "treatment services" under the Human Fertilisation and Embryology Act 1990.

Mr. Jopling

To ask the Secretary of State for Health what assessment she has made of the reasons for the delays in laying the parental orders arising from section 30 of the Human Fertilisation and Embryology Act 1990; and whether she will make it her policy that they are laid before Easter.

Mr. Sackville

The preparation of the regulations and rules of court required under section 30 of the Human Fertilisation and Embryology Act has proved to be a complex undertaking. Draft regulations should be ready for public consultation next month. Subject to the outcome of this consultation, the Government propose to lay regulations as soon as possible.

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