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Human Fertilisation and Embryology Bill [HL]

moved Amendment No. 21: 21: Schedule 2, page 58, leave out lines 11 to 13 and insert— ““(6) No licence under this paragraph is to be granted unless the Authority is satisfied that— (a) any proposed use of embryos or human admixed embryos is necessary for the purposes of the research; (b) there is cogent evidence, which must include published, peer-reviewed scientific data, that— (i) the research proposed on human or human admixed embryos is likely to achieve its specified purposes; and (ii) it is not reasonably practicable to achieve the specified purposes of the research without using human embryos or human admixed embryos.”” The noble Baroness said: My Lords, the House will recall that on Report, I mentioned that I would bring back the so-called Hunt test amendment, having changed it in the light of comments made by the noble and learned Lord, Lord Mackay of Clashfern, concerning one subsection that we agreed was not appropriate. So I have brought it back without the subsection that dealt with animal testing. The amendment before the House is straightforward and clear. I will be brief and begin by saying that the potential of adult stem cells is now widely recognised in the scientific field. I will mention three quick examples, all very recent. Professor Thomson of Wisconsin, a leading figure in the field, says of retroprogrammed adult stem cells: "““By any means we test them, they are the same as embryonic stem cells””." Rudolf Jaenisch, head of the Whitehead Institute for Biomedical Research in the United States, says: "““This demonstrates that IPS cells have the same potential for therapy as embryonic stem cells, without the ethical and practical issues raised in creating embryonic stem cells””." Sir Martin Evans says: "““This will be the long-term solution””." We have to ask why it is important that wherever possible adult stem cells should be chosen instead of embryonic stem cells. I underline the phrase ““wherever possible”” and will come back to it in a moment. One reason, mentioned in our debates by the noble Lord, Lord Winston, is the shortage of human eggs, which is now serious. Professor Wilmut says: "““Cloning is still too wasteful of precious human eggs, which are in great demand for fertility treatments, to consider for creating embryonic stem cells””.""In short, embryonic stem cells, as far as possible, should not be used because they are much more important for other purposes. One significant thing about this that I mentioned at Report stage last week concerns the market. No market is permitted in the United Kingdom, but there is a clear market in the United States, and the price of human eggs for fertilisation ""purposes has gone up very sharply. There is a real danger in introducing the market into a field where people are ready to pay for something that they desperately desire and need. Therefore, as far as possible, steps that one can take to reduce the market pressure should certainly be taken." Scientists increasingly argue that embryonic stem cell research may be needed as an assessment tool—as a reference point, if you like. That has been argued by a number of people, including Professor Wilmut and Professor Thomson, who have said that they believe very strongly that the medium and long-term solution lies in adult and not embryonic stem cells. However, I recognise that that may not be the case yet and that there may be a demand for embryonic stem cells to be used as a reference point or test of the usefulness of adult stem cells. Members of the House may have read a very interesting article in our distinguished journal Science on 21 December 2007. It is becoming increasingly clear that there is a growing consensus among many scientists that we are now looking at a much more promising road along which to advance—that of retro-programming adult stem cells to the point where they become plenipotentiary than pursuing what may well be an expensive and, indeed, ethically objectionable route of embryonic stem cells. In that context, I again quote the spiky words of Professor Thomson: "““A decade from now this””—" by which he means embryonic stem cell research— "““will be seen as a funny historical footnote””." I draw the House’s attention to a very significant fact. Today, controls over the use of animal testing are much stricter in this country than controls over the use of embryonic stem cells, as distinct from adult stem cells, as a tool for research. The animal research, which has been largely relied on by the scientific establishment over recent years, is governed by the Animals (Scientific Procedures) Act 1986. Under that Act, the Home Office determines whether research on animals is allowed and the test is very straightforward: it is whether any alternative procedure would be equally or more successful than the use of animals. Over the years under this Act, the Home Office has rejected a number of, although not many, research proposals. Last year, about 3.5 per cent of research proposals involving animal testing were rejected by the Home Office on the grounds that there were alternatives which would be more than adequate for the purpose. In the case of embryonic stem cells, only on one occasion has the HFEA rejected a proposal for research, and subsequently that proposal was slightly amended and then accepted. That is the record of the HFEA: it does not appear to be too ready to reject proposals for research on the grounds that there are alternatives to embryonic stem cell research. I made it clear that in my view the likelihood is that adult stem cell research will increasingly overtake embryonic stem cell research, partly because it is not as expensive and partly because the genetically similar cells created by the use of stem cells from the same adult who is being treated completely removes the danger of an immune reaction. Invariably, that is not true of embryonic stem cell research. I outline once again that far more therapies have been created as a result of the burgeoning field of adult stem cell research than have been created from the not very burgeoning field of embryonic stem cell research. With the latter, arguably there have been about two therapies where there truly has been hope for the future, whereas with adult stem cells there have been many such therapies, including a recent breakthrough in the use of neural cells to treat, among other things, Alzheimer’s disease. I emphasise that much of the rest of the scientific world is now moving ahead clearly and strongly in the field of adult stem cell research. When it discussed this matter earlier, the House did not have before it the astonishing commitment now being made by the Government and research councils of Japan. Not only have they now decided to set up a major research centre at the University of Kyoto where Professor Yamanaka works but, more staggering still, the Government of Japan and their medical research establishments have committed themselves to spending $10 billion on the advance of adult stem cell research. In other words, they now believe that this is clearly the best way forward. I fear that our attitude of on the whole giving preference over the years to embryonic stem cell research as the way forward could mean that in the United Kingdom we are not sufficiently responsive to and aware of the huge potential of adult stem cell research. We consequently concentrate on a field that we are used to but a field that recent breakthroughs suggest will not move anything like as fast as will the use of adult stem cells. We are proposing in this amendment as close a match as one can get to the pledge made to the House in 2001 by one of the most respected Ministers in this House, the noble Lord, Lord Hunt of Kings Heath. Let me remind the House of what he said in the debate on the HFEA: "““The 1990 Act already provides the answer to the question of what happens if and when research into adult cells overtakes research using embryos: embryonic research would have to stop because the use of embryos would no longer be necessary for that research””.—[Official Report, 22/1/01; col. 120.]" He also said that the HFEA, "““““must satisfy itself that there is no other way of doing the research, avoiding embryo use””.—[Official Report, Commons, 19/12/00; col. 214.]" The noble and right reverend Lord, Lord Harries of Pentregarth, said that in his view the HFEA already largely abides by that consideration and does not choose embryonic stem cell research if adult stem cell research would be at least as efficacious or more so. Putting this in the Bill would a be great reassurance to the many in our society who are concerned and troubled about the use of embryonic stem cell research and the many more who are waiting for fertility treatment because there are no human eggs available. If the United Kingdom wishes to be in the vanguard of this movement, making it clear that where it is feasible—or better—to use adult stem cells, the HFEA is committed to doing so, far from being a blockage to advanced research, would actually encourage it. That would do so because it would show that the United Kingdom was moving with the times, and the times are extremely exciting for adult stem cell research and should be built upon. Having this in the Bill would also, incidentally, fully bear out the pledge made by the noble Lord, Lord Hunt of Kings Heath, in 2001 before any of us knew the potential of adult stems cells. I beg to move.