Senate debates

Tuesday, 7 February 2006

Documents

Prohibition of Human Cloning Act 2002; Research Involving Human Embryos Act 2002

6:54 pm

Photo of Andrew BartlettAndrew Bartlett (Queensland, Australian Democrats) Share this | Hansard source

I move:

That the Senate take note of the document.

This is a review by the Legislation Review Committee of the Research Involving Human Embryos Act and the Prohibition of Human Cloning Act, often known colloquially as the stem cell legislation. That legislation passed through this chamber in 2002 by way of a conscience vote. I think it was the last chamber-wide conscience vote we had. This review was tabled back in December.

Firstly, I want to note the very tragic passing of the chair of that committee, Mr John Lockhart, who died not long after the report was presented. That is certainly a great loss and I acknowledge his contribution not just in this report, of course, which was probably the very last major piece of public work he performed, but also his significant contribution in many other areas.

It is a very comprehensive report. I cannot speak to it in detail in five minutes. It goes for 250 pages and it deals with some very complex and controversial issues. As we recall, the stem cell debate in this chamber those few years ago was controversial, and it shows the value of this process. I understand that the process itself is a requirement of the act and I am fairly sure it is a requirement that was placed in there as a result of an amendment moved by my Democrat colleague Senator Stott Despoja and Senator McLucas, who moved a number of joint amendments to improve that legislation.

There is a lot about this debate that is misunderstood, not surprisingly because the science is so detailed and complex. Certainly I do not profess to have a full understanding of it, but I recommend that people and senators that have an interest in this topic try to peruse this report. I think it is available online as well. The report does attempt to present the concepts and the issues in as accessible a way as possible given the complexity of some of the science. I note that despite some of the controversy in this area there was consensus in some aspects, and the committee heard strong agreement between all groups that human reproductive cloning should continue to be prohibited on ethical grounds. That was clearly strongly recommended by the committee. The committee also recommended that the use of embryos created by methods not involving fertilisation of eggs by sperm for reproductive purposes should remain prohibited. They also recommended continuing the prohibition of placing any human embryo into an animal or the body of a human apart from in a woman’s reproductive tract or placing a human embryo into the body of a human for any period of gestation.

It is important to emphasise the commonality of view in maintaining those prohibitions. Where there was some controversy was in the recommendations dealing with the approval of creating human embryos by methods of somatic cell nuclear transfer to generate embryonic stem cells not for the purposes of reproduction but for the purpose of generating stem cells. That is sometimes called therapeutic cloning and therefore people think we are allowing cloning and that is terrible. It is not reproductive cloning; there is a clear distinction. The report recommends that distinction and I think that debate should be had on face value and not confused. There is a clear prohibition on reproductive cloning and it is recommended that that continue, but the other method of creating embryos for the purpose of generating embryonic stem cells is a different issue.

I believe this is an important debate that needs to be advanced and considered in a measured away. I urge the government to respond to this report in that way and do so as promptly as possible. Given the complexity and importance of the issues we cannot expect an instant response but I do hope that they maintain the momentum on this. I know that there are a number within the government who are supportive of what the committee has put forward but there are some who are not. We need to keep the momentum going and get a strong response quickly and keep the necessary developments in this important area of research continuing.

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