Scientific advances lead to a legislative nightmare

By CHRIS BARTON

Governments around the world are struggling to draft legislation to deal with advances related to stem cell research.

Otago University anatomy professor Gareth Jones identifies four positions: banning all embryo research, as in countries such as Ireland and Poland; allowing the creation of embryos specifically for research, as in Britain and Singapore; using stem cells now in existence but halting future harvesting, a position adopted by the United States, Germany and Australia; and allowing the use of stem cells from surplus in-vitro fertilisation embryos - the position most likely to be adopted in New Zealand.

There are vexed questions at stake. Is it okay to select embryos on the basis of gender? Who has what rights in surrogacy arrangements? Should there be trading in tissues or organs for transplants (at present prohibited)? Is it okay to grow embryos for stem-cell research?

The legislative nightmare sets religious ideologies on a collision course with advances in medical science that promise cures.

At present New Zealand is in something of a legislative vacuum. Temporary restrictions on modifying genetic makeup in sperm, eggs and embryos, cloning and xeno-transplantation (animal to human and vice-versa) were put in place in 2002, through amendments to the Medicines Act 1981.

The National Ethics Advisory Committee on Assisted Human Reproduction (NECAHR) has oversight on assisted reproductive technology but no statutory powers.

Embryonic stem-cell research and the selection of embryos on the basis of gender is not illegal here. But the in-limbo status of our legislation, coupled with informal ethics committees and in-vitro fertilisation clinic accreditation requirements, has in effect blocked stem-cell research and prevented IVF clinics from using some of the latest genetic technology.


The legislation designed to give clearer legal guidelines and allow, under certain conditions, biomedical technology to breathe is the Human Assisted Reproductive Technology (HART) bill, which is close to being passed by Parliament.

The bill clearly prohibits reproductive cloning and attempts to deal with how IVF technology may be employed.

Its approach is to regulate by committee - with a ministerial advisory committee and an ethics committee approving specific projects and procedures.

An example of how the process will work is seen in the recently released discussion document on pre-implantation genetic diagnosis of embryos. It will lead to guidelines which will first be administered by the ethics committee but eventually by a special advisory committee. The ethics committee is also preparing a report for the Minister of Health on the ethics and control of embryonic stem-cell research.

The Ministry of Health is conducting a widespread review of human tissue regulation. It aims to have a law passed by June 2005 to deal with consent for tissue collection and use (such as for organ donation), xenotransplantation (the ban will expire in June next year), the sale and purchase of tissue, ethical concerns over the use of foetal tissue for research, and whether there should be more controls on the use of stem cells.