4th December, 2002
Dr. Henry: I am pleased the Minister of State is taking this debate because he and I had such success with our previous debate. I would like to thank him for his help in restoring the clinical psychology course in Trinity College. The points he made that evening were very relevant when the whole matter was reconsidered.
This is an area which interests the Cathaoirleach who, as a former distinguished member of the Council of Europe, will be aware of the Oviedo Convention, which came into being in April 1997. This convention relates to the protection of human rights and the dignity of the human being with regard to the application of biology and medicine. It is described as the convention on human rights and biomedicine.
The area I particularly wish to address is that of the protocol which was added to the convention in Paris on 12 January 1998. Unfortunately, Ireland has not signed either the initial convention or the convention with the protocol. As developments in biology and medicine are racing ahead, we must be sure that progress in biology and medicine is used for the benefit of current and future generations and that respect for human beings, both as individuals and members of the human species, is never compromised. Misuse of biology and medicine could lead to acts which endanger human dignity.
The Oviedo Convention, which was brought forward under the auspices of the Council of Europe, promotes the protection of human rights and the dignity of the human being with regard to the application of biology and medicine. Article 2 insists that the intent and welfare of the human being shall prevail over the sole interests of science or society. Due to the development of the cloning of animals, most notably of Dolly the sheep, an additional protocol on the prohibition of cloning of human beings was added almost five years ago. The Minister of State will no doubt be aware of the recent claims by Dr. Antinori, an Italian specialist in reproductive medicine, that three women are pregnant somewhere in the world with embryos cloned by him. Cloning involves the removal of the nucleus of a human egg cell, the insertion of a somatic cell nucleus and the electrical stimulation of this egg to cause cell division and the development of an embryo.
I doubt if anyone, including those involved in embryo research in this country, would like to see the development of human cloning here. However, we need legislation to ensure that this is prevented. It is more than three years since I introduced a Private Members' Bill on in vitro fertilisation and, while the Government has set up a distinguished body to investigate the issue, it is a pity we have not signed the Oviedo Convention and introduced legislation while awaiting that body's findings.
Most European Union countries, and other members of the Council, have signed the convention. The UK has not done so, but it has introduced legislation. I recall from one of the blood tribunals that encountered terrible difficulties because we were slow to introduce regulations and waited for the UK authorities to bring forward theirs. I would like to know why we have failed to sign this worthwhile convention.
Minister of State at the Department of Health and Children (Mr. Callely): I thank Senator Henry for raising this important issue and I concur with many of the sentiments she expressed.
Some years ago the cloning of Dolly the sheep generated international concern that the technique used might be extended to the cloning of human beings. Recent reports about the impending birth of a cloned human baby remind us that we are living in a time of major and rapid change in science and technology. We are witnessing, in particular, almost unprecedented developments in the ability of science to intervene in the process of human reproduction. The potential of science to control or even alter the natural process of the creation of human life raises basic and fundamental ethical questions for the medical profession, the Government and society as a whole.
Human cloning is a highly sensitive issue and, as Minister of State, I share the Senator's concern about the absence of statutory controls in this area. In so far as the Council of Europe Convention on Human Rights and Biomedicine is concerned, the position is that a protocol to the convention prohibits any intervention seeking to create a human being genetically identical to another human being, whether living or dead. This protocol is only open for signature to those states that have signed the convention. Ireland is not a signatory to the convention because there are difficulties with a number of articles that have implications for the destruction of human embryos.
Senator Henry commented on my response to the previous Adjournment debate. In my reply tonight, I have included the following line which I hope will go some way towards seeing some work being done. I am pleased to advise her that I have under consideration the question of our signing the convention with formal reservations in respect of articles with which we have difficulty. I am deeply concerned about the absence of statutory controls in regard to a range of interventions in the sphere of assisted human reproduction, including that of human cloning. While medical practice in the area of reproductive medicine is governed by Medical Council guidelines, these are only apply in the case of registered medical practitioners and would be ineffective in the case of any service provided by other persons.
I assure the Senator that we are committed to addressing the concerns about deficiencies in this area. I believe our approach to regulating the area must be well researched, comprehensive and informed to take into account the many complex and sensitive issues involved which have legal, ethical, social and medical ramifications. For this reason, the Government agreed to the establishment of a Commission on Assisted Human Reproduction in 2000. The terms of reference of the commission are to prepare a report on the possible approaches to the regulation of all aspects of assisted human reproduction and the social, ethical and legal factors to be taken into account in determining public policy in this area.
The establishment of the commission represents the essential first step of a process aimed at bringing forward policy proposals in regard to this area. The commission, which is chaired by Professor Donnelly, comprises the medical, scientific and legal expertise necessary for a detailed and informed examination of the possible approaches to regulation of the area. To date, the commission has met on 15 occasions. Its deliberations have been informed by an interdisciplinary approach to its work involving highly specialised working groups. A one day conference facilitated an exchange of views between experts in the various fields from Ireland, the UK, France and Germany.
In line with the requirements set out at the outset of the process in relation to the need to establish the current state of public opinion in Ireland on assisted human reproduction, the commission has consulted widely with appropriate interests and has sought submissions from the public. More than 1,600 submissions were received in response to an advertisement in the newspapers inviting interested members of the public, professional or voluntary organisations and other parties who wished to do so to make written submissions. Various information gathering exercises involving clinics providing assisted human reproductive services, GPs and gynaecologists, have been carried out. Furthermore, as part of its ongoing consultation and with a view to shaping its final report, I understand the commission will hold a public workshop in February 2003.
In light of the difficult nature of the issues to be examined, it is not possible to be definitive about the length of time it will take the commission to complete its work. The publication of the commission's report will provide the basis for informed public debate before the finalisation of any policy proposals. I again thank Senator Henry for raising this important issue.
Dr. Henry: I thank the Minister of State for his reply. His suggestion about signing the convention with reservations in respect of articles with which there is a difficulty is a good idea because, as he correctly stated, we are not in a position to say how long it will take the commission to do its work.
