Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019

Debate between Lord Foulkes of Cumnock and Lord Winston

Wednesday 9th January 2019 Grand Committee

[Lord Foulkes of Cumnock]

But the noble Viscount was looking at me. He should clarify it to everyone. I will be brief—I have only three points to make, which I hope the Minister will find useful.

If Members were in the House the other day, they would have heard the noble Lord, Lord Callanan, trying to twist things in relation to the number of SIs, where they are and how quickly they are going through. He wants to rush all these things through, and I am worried about that. It is even more worrying now: he is so keen to rush them through that he has turned the heating down in this place. The clerks are having to wear scarves to keep warm and survive. But this is a serious matter.

First, to take up the point made by the noble Lord, Lord Tyler, is it right that we should be dealing with the amendment of primary legislation as an SI in Grand Committee and not in primary legislation on the Floor of the House? It is astonishing. I have never known this to happen before; perhaps the Minister can tell us when this has been dealt with in this way before. As the noble Lord, Lord Tyler, rightly said, because we are dealing with it as an SI, we cannot amend it but can only accept it or reject it, and that makes it very difficult. It may be that my noble friend Lady Thornton on the Front Bench, who is an expert on this, would have liked to put down a number of detailed amendments, but she is not able to do that because of the way we dealing with this.

[Lord Winston (Lab)]

Me too. With respect, these are very complex areas of medicine and clinical science, and they are changing rapidly with increasing advances. It is clear that the existing legislation, which in some cases dates back to 1990, is no longer entirely fit for purpose. It is therefore important that the House reconsiders this legislation. It is a marvellous opportunity, and we cannot simply do this en bloc. It would be a travesty of what this Committee should be doing.

[Lord Foulkes of Cumnock]

I am grateful to my noble friend; as he is a world expert on these matters, it is useful to have him in the House and this Committee.

Two things worry me if we move out with no deal. First, will the trafficking of organs—people wanting to make money out of organ trafficking—become more likely? The European Union has brought some order and respectability to this, ensuring that it does not happen as it had done in the past, particularly with some countries which came into the European Union relatively recently.

Secondly—and perhaps my noble friend Lord Winston can help on this—are there increased dangers to health? In this SI we are dealing with stem cells, corneas, heart valves, eggs and sperm, skin grafts, and bone products—very sensitive, important issues. Is there scope for commercialisation in relation to that? Again, this is something we could deal with if we were not just rushing it through.

That is all I wanted to raise. I do not think we should be trying to extend this unduly. I know we do not address the Chairman in this way, but there are genuine concerns. With respect to the noble Baroness, Lady Manzoor, who has been rushed into this at short notice because the noble Lord, Lord O’Shaughnessy, is no longer a Minister, there are very serious questions which so far she has not been able to answer. The only way to deal with this issue properly is for it to go to the Floor of the House, where, in a proper debate, experts such as my noble friend Lord Winston can ask specific questions. It would have been even better if we could have dealt with it by primary legislation; then we could have had some amendment. But I think if we do not do this, we are storing up unforeseen dangers that might cause genuine difficulties, and that concerns me.

I hope that that was not too long and it has dealt with the matter before us.

[Lord Winston]

Before my noble friend sits down, may I ask him an important question? Is he aware there is a specific example of British patients leaving these shores to go to the rest of the EEC for treatments which are not regulated by the Human Fertilisation and Embryology Authority? In some cases, for example, they return from Spain with three embryos re-placed in their uterus and end up having triplets on the National Health Service, often at massive cost. One occurred just last month; the health service probably spent hundreds of thousands of pounds on such babies, after a procedure which would not be allowed by this legislation as we set it up in 1990. That is why this is too complex an aspect of our new relationship with Europe to be discussed without very careful consideration.

[Lord Foulkes of Cumnock]

I am really grateful to my noble friend, who has dealt with this precisely and with knowledge rather than the broad brush I was using. This shows what an advantage it is to have people such as him in the House and this Grand Committee. It would have been better if he could have dealt with it through primary legislation in a proper, considered way; then we could have dealt with it in Committee, amendments could have been tabled and we could have considered the most appropriate way of dealing with it.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Foulkes of Cumnock and Lord Winston

Wednesday 19th January 2011 Lords Chamber

[Lord Foulkes of Cumnock]

That was a very accurate, rather long and not very helpful intervention from my noble friend. I ask everyone here to forgive him for it. I forgive him as well, because he has gone through a very painful experience. The football club that he supports—the lesser of the two Edinburgh clubs—when we were struggling through debate here the other night was beaten by lowly Second Division Ayr United in the Scottish Cup. So he is suffering a little and we understand that. In his lifetime and my lifetime—that is quite a long time for both of us—Leith and Granton and Newhaven have all been part of the city of Edinburgh. He was a distinguished member of the Edinburgh City Labour Party.

[Lord Winston]

Surely this is one of the best arguments for the complete separation of Scotland and England.

[Lord Foulkes of Cumnock]

I will have to be very careful because I am not a nationalist and I do not want to do anything that would argue the case for separation, but the city of Edinburgh has a great history, as I am sure my noble friend would agree. I think there is a very strong case for it having five separate constituencies. My noble friend should take account of the fact that I am currently an elected representative for an area that includes the city of Edinburgh. I am putting forward my argument today because I have been approached by the four Labour Members in the city of Edinburgh, who represent four of the five constituencies and who feel very strongly about this. That includes Mark Lazarowicz, whose constituency includes Leith.

Because of the growth that I was describing in the Leith area we expect about 25,000 additional residents on the waterfront and Newhaven. Creating five constituencies in Edinburgh would in no way breach the plus or minus 5 or 10 per cent thresholds that we have discussed earlier—certainly not 10 per cent and probably not 5 per cent. It would allow those five constituencies to be agreed within the one local government area, the City of Edinburgh Council. Other constituencies in Scotland, apart from the Western Isles and Orkney and Shetland, which have already been dealt with, could be dealt with moving out from Edinburgh, creating them one after the other as we move around Scotland.

I hope we can give this kind of guidance to the Boundary Commission. If we are able to take special account of the special needs of the Isle of Wight, I hope we will also take account of the special needs of the city of Edinburgh.