Optimism over Australian embryo cloning reform

There is growing optimism in Australia among supporters of proposed new embryonic stem cell (ES cell) legislation, scheduled to be debated by the Australian Federal Parliament next week. If a bill is passed by Parliament, it will then be debated by the House of Representatives, but analysts have so far argued that there is little likelihood of the bills being rejected at the second stage of voting.

A bipartisan Senate Committee has backed the bills recommending that MPs and senators vote in favour of the proposed legislation, voting five to three in favour of relaxing the ban on therapeutic cloning. The Committee's report outlined arguments for and against stem cell research in order to clarify the issues to be debated. Senator Patterson, who proposed the legislation, has said that she expects the Committee's report to sway MPs and Senators views on the issue. 'I think they will look at the submission and look at the report as part of their decision making', she said. The Committee recommended that embryos for research should be kept for a maximum of 14 days and rejected the implantation of eggs for research purposes into women. Senator Patterson said that embryos deserve 'respect' but do not share the special status of humans.

Against the proposed reform, Senator Steve Fielding included a dissenting report in the Committee's conclusions arguing that scientists will not deliver in their promises to produce cures using cloning. President of the Australian Federation of Right to Life Association, Kath Woolf, commented that 'the Senate Committee... was just as biased as the Lockhart Committee'. She pointed to the fact that two of the members who sat on the Committee were the ones actually proposing the legislation, adding that 'it is a farce that they were able to sit in judgement of their own bills'.

Supporters of the Private Member's Bills are claiming that they have sufficient numbers and weight to see the bills being passed. Their optimism came as a telephone survey, conducting by The Australian newspaper, predicted a vote in favour of them being passed. The poll pointed to 26 senators in favour and 22 against, with 23 not revealing their position. Analysts say that at least 10 of those undecided are expected to support the legislation.

If passed, the new legislation will remove the ban on therapeutic research on embryos in Australia. Current law governing ES cell research in Australia is contained in the Research Involving Human Embryos Act and the Prohibition of Human Cloning Act, both of which were passed in 2002 after much debate. The two acts 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.

Last December, the Lockhart Committee Review recommended that the 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 ES cell research.

In June, the Australian cabinet narrowly voted in favour of ignoring the Lockhart Committee proposals. But, Prime Minister John Howard - who is against ES cell research - was persuaded to allow more debate on so-called therapeutic cloning, resulting in the upcoming conscience vote on the bills that permit cloning for research. Thirty-six hours have been reserved for the debate on the bills, which will begin on 6 November.