Additional comments
1.
Clause
56 of the Research Involving Embryos and Human Cloning Bill overrides the more
strict provisions regulating and/or banning human embryo stem cell research in
Victoria, South Australia and Western Australia. These state laws which
preserve human life, should not be overridden by this federal legislation.
Notwithstanding the questions surrounding the constitutionality of the bill,
each state parliament and their various members should stand accountable, and
not hide behind the Australian Government.
2.
Clause
25 (2) (d) (ii) allows assisted reproductive technology centres to undertake
diagnostic investigations which are deliberately destructive on human embryos1. The Chair’s report refers to the explanatory
memorandum and evidence provided by the NHMRC but in neither case are
deliberately destructive diagnostic investigations prohibited or recommended to
be prohibited. The nature and extent of
these investigations is unclear and should be clarified to ensure the purpose
is legitimate and not deliberately destructive.
3.
Apparently
research is undertaken on some of the many thousands of non-viable human
embryos emanating from assisted reproductive technology centres (estimated at
40,000 per year by one witness2). This was a revelation. It is not clear whether this was understood
by the Council of Australian Governments when they made their decision on 5th
April 2002.
4.
The
consent provisions in the Bill should be tightened. The terms and conditions of
the consent arrangements should more accurately reflect those recommended in
the House of Representatives Standing Committee on Legal and Constitutional
Affairs Human Cloning Report, August 2001 (the Andrews Report) - refer
particularly to pages 232 to 234 - and these should be prescribed in the Bill.
5.
The
commercialisation of the research and specifically the ability to trade in
human embryo stem cell lines was raised as a concern by many witnesses and
these concerns are not adequately addressed in the Bill.
Senator Guy Barnett Senator Bill Heffernan Senator Ron Boswell
1. Refer
submissions 876 (CAM), 981 ACBC and 1035 Australian Youth Alliance (Vic)
Professor Peter Illingworth,
Committee Hansard 26 September 2002, page 205.
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