Human Fertilisation and Embryology Authority/Human Tissue Authority

Lord Willis of Knaresborough Excerpts

Tuesday 1st February 2011 Grand Committee

[Lord Willis of Knaresborough]

My Lords, I congratulate the noble Baroness on this debate. Indeed, it is—as the noble Baroness, Lady Deech, said to me when I came into the Room—like Groundhog Day: we are back again debating exactly the same things. I thought that we had put these issues to bed. I do not, in fact, oppose my noble friend’s proposals on principle. It is right that we constantly look at the organisations and that we constantly review their procedures to make sure that they meet the times. Nor do I claim infallibility for either the HFEA or the HTA. They are not infallible and are in constant need of reform and refreshment. However, it is the lack of clarity over what is proposed, the lack of any consultation on the proposals, and in particular the lack of any public involvement in these proposals that makes me concerned about the future functions of both the HTA and the HFEA.

On 13 October last year, in response to a Question from the noble Baroness, Lady Deech, the Minister said that,

“20 years ago it may have made sense to look at a single body for carrying out the functions undertaken by the HFEA”.

He went on to say:

“Times have moved on”.—[Official Report, 13/10/10; col. 512.]

However, it was not 20 years ago that Parliament discussed this issue; in fact, it was three years. It is three years since the Joint Committee on the Human Tissue and Embryos (Draft) Bill, which I was privileged to chair—four members of that committee are in the Moses Room today—carried out detailed scrutiny of proposals to amalgamate the HFEA, the Human Tissue Authority and the MHRA into a single authority, RATE. The unanimous view of the committee and of Parliament during debate on the successor Bill was to retain separate regulators. No one proposed amendments to change that during the passage of the Bill. There was unanimity in both Houses that the use and practice of both tissue and embryos should remain separate and that they should in fact have separate regulators. What is more, that was the overwhelming view of the medical and scientific community, including the Royal College of Obstetricians and Gynaecologists, the BMA, the Royal Society, the Association of Medical Research Charities, the Academy of Medical Science, the Royal College of Nursing, the Wellcome Trust, the MRC and the Royal College of Pathologists. What has changed since 2008 to mean that all that is no longer appropriate?

The Joint Committee also carefully considered the regulation of research using not only human embryos but also admixed embryos, including cytoplasmic hybrid embryos. The fact that a single regulatory authority could make decisions in the round—recognising that groundbreaking research was but a short step away from clinical practice—appeared to us at the time to be a distinct advantage. I believe that it remains a distinct advantage today. Indeed, it is because a single authority, independent of the Government, was able to exercise its regulatory duties over all activities involving the human embryo that confidence in this extremely sensitive, ethical and emotive area of human science has progressed with support from the public. Also, because there was an experienced independent regulator, science was able to triumph over the reactionary views of the then health Chief Medical Officer, who regarded admixed embryos as “Yuk”.

Crucially, where is the evidence that such change as is being proposed will benefit science and clinical practice and improve public confidence? Of course, there is a strong argument—the noble Lord, Lord Winston, made it in our committee—that fertility treatments using embryos are now commonplace and should be regulated like any other medical procedures. If the Minister believes that, let us have a public debate about it. Likewise, if the recent report of the Academy of Medical Sciences into the broader issue of the regulation and governance of medical research is going to be the blueprint for the new proposals, let us have a public consultation and a public debate on it. Let us not rush into removing organisations that have huge public confidence and the confidence of clinicians, as it would be rather like throwing out the baby with the bathwater.