Ensuring operational compliance and ethical responsibility in the regulation of ART: the HFEA, past, present, and future

Under the Public Bodies Bill 2010, the HFEA, cornerstone in the regulation of assisted reproduction technologies (ART) for the last twenty years, is due to be abolished. This implies that there is no longer a need for a dedicated regulator for ART and that the existing roles of the Authority as both operational compliance monitor, and instance of ethical evaluation, may be absorbed by existing healthcare regulators. This article presents a timely analysis of these disparate functions of the HFEA, charting reforms adopted in 2008 and assessing the impact of the current proposals. Taking assisted conception treatment as the focus activity, it will be shown that the last few years have seen a concentration on the HFEA as a technical regulator based upon the principles of Better Regulation, with little analysis of how the ethical responsibility of the Authority fits into this framework. The current proposal to abolish the HFEA continues to fail to address this crucial question. Notwithstanding the fact that the scope of the Authority's ethical role may be questioned, its abolition requires that the Government consider what alternatives exists - or need to be put in place - to provide both responsive operational regulation and a forum for ethical reflection and decision-making in an area which continues to pose regulatory challenges

Community strategies in England: reshaping spaces of governance?

The preparation of Community Strategies (CS) has been required of LSPs and Local Authorities in England since the passing of the Local Government Act 2000. This paper examines the process and content of two Community Strategies in southern England as part of an ongoing project to understand their impact and explore ways that CSs may be carried through in a meaningful and effective manner. The paper concludes that the two CSs studied illustrate the challenge faced by LSPs in producing Strategies that are meaningful, inclusive and which follow the spirit of the government CS guidance. LAs and LSPs are also posed with a difficult challenge of seeing through an implicitly required transition from a traditional representative democratic structure/process with a more fluid participatory model. Thus we detect that at least two forms of conflict may arise – firstly with elected councillors threatened by a loss of power and secondly between communities and the LAs who are encouraged to problematise local policy and service delivery in the context of limited resource availability.