Update on The Human Assisted Reproductive Technology (HART) Bill

Nathaniel Centre Staff
Issue 14, November 2004

On 6 August 2004 the Health Select Committee reported to Parliament on the Human Assisted Reproductive Technology Bill 2003. The Bill establishes a legislative framework for controlling human assisted reproductive technology, and fills an eight year gap in which changes in technology and science outstripped attempts to introduce a regulatory framework.

The Select Committee has recommended a number of changes to the Bill. These include significantly strengthening public input by requiring the Ministerial Advisory Committee to carry out public consultation before advising the Minister or issuing guidelines.

In their report the Select Committee has supported the list of prohibited procedures and research, which includes cloning for reproductive purposes, implantation of animal/human hybrid embryos, commercial surrogacy arrangements, and commercial supply of embryos or human gametes (eggs and sperm). The report recommends that the following also be prohibited:

The Select Committee's decision to stay with the original list and to add to it after hearing submissions is important. While the Committee's recommendations will strengthen a number of aspects of the Bill, their report also notes that the Bill will give New Zealand a system which is a "less prescriptive and more flexible" regime than that found in a number of other countries.

From a Catholic perspective there are some welcome alterations to the Bill. In its original form, future decisions about new assisted reproductive technologies would have been made by a Ministerial Advisory Committee, which was not obliged to carry out any form of public consultation. Securing the right to continue to have input on assisted reproduction matters was a strong feature of the Nathaniel Centre's submission.

There are still matters of grave concern in the amended Bill.

Much of the detailed decision-making will unfold in coming years as the Ministerial Advisory Committee formulates guidelines and advice on matters such as the use of cloned embryos for research, pre-implantation genetic diagnosis, genetic modification of human gametes and embryos, embryo donation and the import and export of gametes and embryos. For this reason it was vital that public participation in future decision-making was guaranteed, as it will be if the changes recommended by the Select Committee are confirmed as part of the Second Reading of the Bill.

As this issue of The Nathaniel Report goes to print, the HART Bill having passed its second reading, is being debated by the Committee of the Whole House.

1/11/2004