Australian states may go their own way on stem cells

State premiers in Australia have issued a direct challenge to Prime Minister John Howard's decision to maintain the status quo on embryonic stem cell (ES cell) research in the country. They used last week's COAG (Council of Australian Governments) meeting in Canberra to tackle Howard on his refusal to change the federal law even in the face of the Lockhart report, which recommended lifting the current prohibition on cloning for ES cell research.

In Australia, the Research Involving Human Embryos Act and the Prohibition of Human Cloning Act, both passed in 2002 after much debate, together ban reproductive cloning, prevent scientists from cloning embryos to obtain stem cells and restrict them to research on surplus IVF embryos created before the acts were passed, and donated by IVF patients who no longer require them. All research must operate under a licensing scheme administered by the National Health and Medical Research Council (NHMRC). However, the laws had a built-in three-year 'sunset clause', which means the debates needed to be revisited.

Last December, a six-member Legislative Review Committee, chaired by the now deceased John Lockhart, a former Federal Court judge, recommended that the existing laws on cloning and stem cell research should be relaxed. It showed that there was 'clearly overwhelming support from the general public and the medical and scientific communities for maintaining a strong regulatory framework' in the area but also clear support for 'augmentation of the current system to allow research, within a rigorous ethical framework, into emerging scientific practices that will assist in the understanding of disease and disability'. On this basis, the Committee recommended that while human reproductive cloning should be banned, cloning technology should be allowed to be used to produce embryos for stem cell research. However, Howard said last month that 'after careful reflection, the government is not disposed to make any changes to the existing national legislative framework for research involving human embryos'.

Now, some state premiers - those of Queensland and Victoria - have asked to be able to 'go it alone' on stem cell research and warn that Australia will see a 'brain drain' of its scientists, who will go to countries with more liberal regulations in order to be able to pursue their work. However, federal Health Minister Tony Abbott says he is unconcerned about the 'threat' to 'go it alone' and go ahead with the cloning of embryos for ES cells. 'I think what they're doing at the moment is trying to soften up the Federal Government, and their state Labor colleagues in Western Australia and New South Wales', he said. Howard said that the two states may lose some federal research funding if they move forward with their plans.

However, Steve Bracks, premier in the state of Victoria, says he is willing to push for a change to the state's laws. 'Victoria reserves the right to consider its position in moving on the next wave of reform in stem cell research' he said, adding 'certainly we will be persuing that independently'. Dr Mukesh Haikerwal, head of the American Medical Association, said that the two states should go ahead with their plans. 'I think that they need to move quickly on this', he said, adding that 'we need to be progressive in these areas otherwise other countries will take over'. Mal Walsher, Federal Liberal Party backbencher said that he would push in parliament for a conscience vote on removing the ban on cloning for research purposes.