The Government's response to the Human Fertilisation and Embryology Authority (“HFEA”) Consultation on their proposed regulations covering the Storage of Gametes and Embryos, Licensing Appeal Procedures and Disclosure of Information for Research, has now been published on the Department of Health website:
http://www.dh.gov.uk/en/Consultations/Responsestoconsultations/DH_098882. There are four reports, one for each set of regulations.
The Government’s response noted that CCFON and supporters expressed concerns about an overall time limit of 55 years for the storage of embryos and gametes for the prematurely infertile.
Following consultation, the Government proposes the following changes:
• that storage of embryos and gametes can be extended beyond ten years where someone is prematurely infertile (but not automatically following embryo testing)
• that the overall time limit of 55 years is replaced with a rolling extension of successive ten year periods up to a maximum of 55 years.
The Government’s response to the draft regulations on Licensing Appeal Procedures noted a criticism that there are no powers in the Act to extend the right of appeal against HFEA decisions to public interest groups, leaving open only costly judicial review claims in the High Court (such as the Christian Legal Centre’s claim against the HFEA in 2008). The Government will produce re-drafted sets of the regulations, which will be laid before Parliament in the summer and are expected to come into force on 1st October 2009.