Abstract
Australian ethicists O’Keeffe and McGovern provide a comprehensive account of the move in Australia from a widespread view that destructive research on human embryos was ethically abhorrent, to the current, heavily regulated system whereby human embryos can be used or even created via somatic cell nuclear transfer (SCNT) for destructive research. The chapter focuses on events surrounding three landmark committees established by the Australian Government: the Andrews Committee in 2001, the Lockhart Review in 2005, and the Heerey Review in 2011. O’Keeffe and McGovern particularly detail the contribution of “religious actors” who almost without exception have continued to oppose destructive research on human embryos. The chapter contrasts the principled position of religious actors with the utilitarian ethic which now permeates Australian discourse on cloning and human embryo research.
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Notes
- 1.
Their chairs were Hon. Kevin Andrews MP, Hon. John S. Lockhart AO QC, and Hon. Peter Heerey QC. Kevin Andrews is well known as a staunch Catholic. After the Northern Territory Government legalised euthanasia in 1996, Andrews successfully led the campaign to overturn this legislation.
- 2.
All online documents cited in this report were accessed on 23 December 2016.
- 3.
The NHMRC is Australia’s leading expert body supporting health and medical research; developing health advice for the Australian community, health professionals, and governments; and providing advice on ethical behaviour in health care and in the conduct of health and medical research.
- 4.
“Brave New World – Down Under,” The Interim, 15 May 1988, http://www.theinterim.com/issues/bioethics/brave-new-world-%E2%80%93-down-under/.
- 5.
Ibid.
- 6.
Infertility (Medical Procedures) Act 1984 (Vic), S 6 (2) (a), Australasian Legal Information Institute, http://www.austlii.edu.au/au/legis/vic/hist_act/ipa1984311.pdf.
- 7.
Ibid., S 6 (3) and (4).
- 8.
Ibid., S 29 (6) (b).
- 9.
Human Embryo Experimentation Bill 1985, Australasian Legal Information Institute, http://www.austlii.edu.au/au/legis/cth/bill/heeb1985328/.
- 10.
The chair of this committee, Michael Tate AO, was then a member of the Senate. After leaving politics, he served as Australian Ambassador to the Netherlands and the Holy See. In 2000, he was ordained a Catholic priest.
- 11.
National Health and Medical Research Council, Ethical guidelines on assisted reproductive technology (Canberra: Commonwealth of Australia, 1996), iv, https://www.nhmrc.gov.au/_files_nhmrc/publications/attachments/e28.pdf.
- 12.
Ibid., 6.2.
- 13.
Ibid., 6.4.
- 14.
AHEC is one of the principal committees of the National Health and Medical Research Council. It is also Australia’s health ethics peak body.
- 15.
Australian Health Ethics Committee, Scientific, Ethical and Regulatory Considerations Relevant to the Cloning of Human Beings, 16 December 1998, https://www.nhmrc.gov.au/_files_nhmrc/publications/attachments/e45.pdf. AHEC did not invite public submissions. However, it sought comment from 49 “learned individuals and organisations”. Nine of these were Catholic. They included Cardinal Edward Clancy; Bishop Pat Power; Revd Dr. Gerald Gleeson; the Directors of the Catholic bioethics centres in Brisbane, Sydney, Melbourne, and Adelaide; and the Bioethics Working Party of the Catholic Women’s League Australia.
- 16.
Ibid., v, 1, 5, 43.
- 17.
Ibid., v, 43.
- 18.
Ibid., vi, 43.
- 19.
House of Representatives Standing Committee on Legal and Constitutional Affairs, Human cloning: scientific, ethical and regulatory aspects of human cloning and stem cell research (Canberra: Commonwealth of Australia, 2001), http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=/laca/humancloning/contents.htm. In our references to this report, we will refer to this document as AC—the report of the Andrews Committee.
- 20.
Louise Dodson and Darren Gray, “Embryo ban hits research,” The Age (Melbourne), 26 February 2002, http://www.theage.com.au/articles/2002/02/25/1014471629519.html.
- 21.
Council of Australian Governments Meeting, 5 April 2002, Communique, 1.
- 22.
Ibid.
- 23.
Australian Catholic Bishops’ Conference, “Submission to NHMRC Consultation into Human Cloning and Research Involving Embryos Bill 2002,” 2.
- 24.
Ibid.
- 25.
John I. Fleming, Gregory K. Pike, and Selena Ewing, Human Embryos: A Limitless Scientific Resource? (Plympton: Southern Cross Bioethics Institute, 2002), 1.
- 26.
Ibid., 6.
- 27.
Ibid.
- 28.
Ibid., 7.
- 29.
Norman M. Ford and Michael Herbert, Stem Cells: Science, Medicine, Law and Ethics (Strathfield: St Pauls, 2003), 51.
- 30.
Ibid.
- 31.
Ibid.
- 32.
David Wroe and Tom Noble, “Embryonic stem cells on the way,” The Age (Melbourne), 17 April 2004, http://www.theage.com.au/articles/2004/04/16/1082055648663.html.
- 33.
Susan Williamson, “Sydney IVF produces stem cells,” 24 June 2004, http://www.labonline.com.au/content/life-scientist/news/sydney-ivf-produces-stem-cells-258421422.
- 34.
Australian Catholic Bishops’ Conference, “A Submission from the Australian Catholic Bishops’ Conference To The Lockhart Review of The Prohibition of Human Cloning Act 2002 and The Research Involving Human Embryos Act 2002,” 2.
- 35.
Ibid., 5.
- 36.
Ibid., 7.
- 37.
Ibid., 2.
- 38.
Australian Christian Lobby, “Public Submission: Legislation Review of Australia’s Prohibition of Human Cloning Act 2002 and Research Involving Human Embryos Act 2002,” 5.
- 39.
Ibid., 3.
- 40.
Ibid., 8.
- 41.
Ibid., 7.
- 42.
Ibid., 8.
- 43.
Ibid., 9.
- 44.
Ibid., 3.
- 45.
Southern Cross Bioethics Institute, “Submission to the Lockhart Review Committee,” 3–4, http://www.bioethics.org.au/Resources/Submissions/Lockhart%20Review%20Submission.pdf.
- 46.
Ibid., 2.
- 47.
Ibid., 4.
- 48.
Ibid.
- 49.
Ibid., 3.
- 50.
Ibid., 2.
- 51.
Tess Livingstone and Cameron Atfield, “Adult stem cells grown in world first research,” The Courier Mail (Brisbane), 22 March 2005, 4.
- 52.
Ibid.
- 53.
Ibid.
- 54.
David Govorcin, “Cardinal tells Govt of embryo research fears,” The Catholic Weekly (Sydney), 2 October 2005, 2.
- 55.
Ibid.
- 56.
Lockhart Review Committee, Legislation Review: Prohibition of Human Cloning Act 2002 and Research Involving Human Embryos Act 2002, 19 December 2005, https://www.nhmrc.gov.au/about/nhmrc-committees/embryo-research-licensing-committee/human-embryos-and-cloning/review-human-cl. We refer to this document as LR.
- 57.
Catholic Communications, Sydney Archdiocese, “Applications Invited for Archdiocese’s $100,000 Grant for Adult Stem Cell Research,” 18 September 2015, https://www.sydneycatholic.org/news/latest_news/2015/2015918_428.shtml; Catholic Communications, Sydney Archdiocese, “Archbishop Fisher announces winner of $100,000 Adult Stem Cell Research Grant,” 9 December 2015, https://www.sydneycatholic.org/news/latest_news/2015/2015129_630.shtml.
- 58.
Catholic Communications, Archdiocese of Sydney, “Cardinal Pell announces winner of $100,000 Adult stem cell research grant,” 16 December 2005, https://www.sydneycatholic.org/news/media_releases/2005/20051216_1443.shtml.
- 59.
Cardinal George Pell, “Statement on the Lockhart Report,” 22 December 2005, https://www.sydneycatholic.org/news/media_releases/2005/20051222_306.shtml.
- 60.
Ibid.
- 61.
Ibid.
- 62.
Ibid.
- 63.
Ibid.
- 64.
Ibid.
- 65.
Kristy Horsey, “Australian states may go their own way on stem cells,” BioNews, 17 July 2006, http://www.bionews.org.uk/page_12793.asp.
- 66.
Jess Buxton, “No ‘conscience vote’ on embryo cloning in Australia,” 7 August 2006, http://www.bionews.org.uk/page_12816.asp.
- 67.
“PM to allow stem cell conscience vote,” Australian Broadcasting Corporation, 15 August 2006, http://www.abc.net.au/news/2006-08-15/pm-to-allow-stem-cells-conscience-vote/1239518.
- 68.
Fernando Herrera and Justin Corfield, “Australia,” in Encyclopedia of Stem Cell Research, ed. Clive N. Svendsen and Allison D. Ebert (Thousand Oaks: Sage, 2008), 18.
- 69.
Kerry Ross, Susan Dodds, and Rachel A. Ankeny, “Conscience Votes in Australia: Deliberation and Representation,” in Big Picture Bioethics: Developing Democratic Policy in Contested Domains (Switzerland: Springer, 2016), 51.
- 70.
Ibid.
- 71.
Senate Standing Committee on Community Affairs, Legislative Reponses to the Recommendations of the Lockhart Review, 30 October 2006, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Completed_inquiries/2004-07/leg_response_lockhart_review/report/index.
- 72.
Geoffrey Maxwell Bullock, “Submission 76 to the Inquiry into the Legislative Responses to Recommendations of the Lockhart Review,” 3 October 2006, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Completed_inquiries/2004-07/leg_response_lockhart_review/submissions/sublist.
- 73.
Anthony Fisher, Hearing before the Australian Senate’s Standing Committee on Community Affairs, CA 52, 20 October 2006, Commonwealth of Australia, Official Committee Hansard, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Completed_inquiries/2004-07/leg_response_lockhart_review/hearings/index.
- 74.
Ibid.
- 75.
Ibid.
- 76.
Ibid., CA 62.
- 77.
Ibid., CA 52.
- 78.
Ibid., CA 61–62, CA 53.
- 79.
Ibid., CA 52, CA 62.
- 80.
All the submissions to the Senate Inquiry are online at http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Completed_inquiries/2004-07/leg_response_lockhart_review/submissions/sublist.
- 81.
Australian Christian Lobby, “Submission 90 to the Senate Inquiry into Legislative Responses to the Recommendations of the Lockhart Review,” 1.
- 82.
Ross, Dodds, and Ankeny, 51–52.
- 83.
Ibid., 52.
- 84.
Australian Stem Cell Centre, “Fact Sheet 6: Ethics & Law of Stem Cell Research,” 1, http://www.stemcellfoundation.net.au/docs/fact-sheets/fact-sheet-6%2D%2D-law-and-ethics-of-stem-cell-research.pdf?sfvrsn=13.
- 85.
Hansard: Western Australia, Legislative Council, 2008, Parliamentary Debates, 10 April, 2151b–2161a, Hon Kate Doust, http://www.parliament.wa.gov.au/Hansard/hansard.nsf/0/20426b570f5ae5c6c8257570000fae2a/$FILE/C37+S1+20080410+p2151b-2161a.pdf.
- 86.
Ibid.
- 87.
Ibid., Hon Ed Dermer.
- 88.
Hansard: Western Australia, Legislative Council, 2008, Parliamentary Debates, 6 May, 2337c–2341a, http://www.parliament.wa.gov.au/Hansard/hansard.nsf/0/f42953e737d3bbfec8257574000b29e0/$FILE/C37+S1+20080506+p2337c-2341a.pdf. We are grateful to Catholic priest Revd Dr. Joseph Parkinson from the Perth-based L J Goody Bioethics Centre for information about what took place in the Western Australian Parliament.
- 89.
National Health and Medical Research Council, “First licences granted for the derivation of human embryonic stem cells from cloned embryos,” 16 September 2008, https://www.nhmrc.gov.au/media/nhmrc_updates/2009/first-licences-granted-derivation-human-embryonic-stem-cells-cloned-embryos.
- 90.
Ibid.
- 91.
All the submissions are listed in Schedule 1 of HR on pages 85–95.
- 92.
See Heerey Review Committee, Legislation Review: Prohibition of Human Cloning Act 2002 and Research Involving Human Embryos Act 2002, 27 May 2011, https://www.nhmrc.gov.au/guidelines-publications/hc38. We refer to this document as HR. Our report here focuses on what was arguably the most significant debate of the Heerey Review. Of course, other matters were also debated. For a more detailed report on the Heerey Review, see Kevin McGovern, “Australia’s Cloning and Embryo Research Laws,” Chisholm Health Ethics Bulletin 16, no. 4 (Winter 2011): 1–4, http://chisholmhealthethics.org.au/system/files/bulletin_16_4.pdf.
- 93.
Junying Yu et al., “Induced Pluripotent Stem Cell Lines Derived from Human Somatic Cells,” Science 318, no. 5858 (21 December 2007): 1917–1920.
- 94.
Australian Christian Lobby, “Submission to the 2010 Legislation Review of the Prohibition of Human Cloning for Reproduction Act 2002 and the Research Involving Human Embryos Act 2002,” 1.
- 95.
Ibid., 3.
- 96.
Ibid., 9.
- 97.
Ibid., 2.
- 98.
Ibid., 11.
- 99.
Ibid., 7.
- 100.
Ibid., 7–8.
- 101.
Ibid., 1.
- 102.
Australian Catholic Bishops’ Conference, “A Submission from The Australian Catholic Bishops’ Conference To The Heerey Review of The Prohibition of Human Cloning and Research Involving Human Embryos Acts 2002 as amended,” 2.
- 103.
Ibid., 7.
- 104.
Ibid., 3.
- 105.
Ibid., 2.
- 106.
Ibid., 10.
- 107.
Executive Council of Australian Jewry, “Review of the Prohibition of Human Cloning for Reproduction Act 2002 and the Research Involving Human Embryos Act 2002,” 3.
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O’Keeffe, F., McGovern, K. (2020). The Political Debate on Embryo Research in Australia and the Role of Religious Actors and Arguments. In: Weiberg-Salzmann, M., Willems, U. (eds) Religion and Biopolitics. Springer, Cham. https://doi.org/10.1007/978-3-030-14580-4_8
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