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The Hill Times

Monday, February 24, 2003

Not all cloning is alike

MPs must not let outrageous claims of Raelians drive national policy
development

By TIMOTHY CAULFIELD, ABDULLAH DAAR, BARTHA KNOPPERS, PETER A.
SINGER, DAVID CASTLE, RON FORBES

Over the past few months, Parliamentarians have heard a lot of
commentary on the policy issues associated with reproductive and
"therapeutic" cloning. In many respects this dynamic debate is ideal,
as it should inform the final political debates on Bill C-13, The
Assisted Human Reproduction Act. We realize that amendments to this
bill, particularly in the context of therapeutic cloning, are, at
this time, not likely. Nevertheless, we feel that Parliamentarians
are about to pass an unwarranted statutory criminal ban on a
potentially useful procedure. As such, we offer the following
critical observations.

First, not all cloning is alike. And not all cloning is associated
with the same issues, a point highlighted again and again by numerous
academic and policy groups. To cite just one example, in 2002 the
California government's Advisory Committee on Human Cloning, which
was an interdisciplinary group of world renowned scholars, stated as
follows: "California should not prohibit but should reasonably
regulate human non-reproductive cloning. We believe that use of this
technology offers potential medical and scientific benefits while not
raising many of the same concerns as human reproductive cloning." The
California government has adopted this recommendation.

Yes, "therapeutic" cloning and reproductive cloning use similar
techniques. But just as we don't have a statutory ban on research on
atomic energy or dangerous chemicals, we shouldn't ban all forms of
cloning research simply because they may be abused. We should
carefully regulate the technology, knowing that regulating does not
automatically mean permission to proceed. Indeed, if we took this
"slippery slope" argument to the extreme, we would need to ban
research on radiation therapy for cancer because the research can be
associated with the abuse of nuclear physics.

Second, all available evidence indicates that the public is
completely capable of understanding the distinction between
reproductive cloning and cloning for the purpose of research. Poll
after poll has shown that a majority of Canadians support research
cloning (e.g., the well-known 2002 Ipsos-Reid poll found that 61 per
cent of Canadians approve of the creation of cloned human embryos for
collecting stem cells).

In addition, recent focus group data from the University of Calgary,
while preliminary, also found strong support for the technique. The
research, which was presented last week at a national conference in
Montreal, found that 23 out of 27 participants supported the use of
cloning for research purposes. Only two of the participants felt it
should be banned. Even in the U.S., where views are generally more
conservative, there is evidence that the public understands the
distinction between research and reproductive cloning. A 2001 Ipsos-
Reid poll found that of those surveyed, 21 per cent oppose any law
that restricts research into human cloning; 39 per cent support a ban
on human reproductive cloning, while allowing research on cloned
embryos; and only 33 per cent support a complete ban on all human
cloning.

Third, it must be remembered that arguments about the possible
efficacy and utility of therapeutic cloning, while interesting and
important from a science policy perspective, are not, on their own,
relevant to a consideration of a statutory ban. You don't ban
something because it doesn't work or is unnecessary. There has to be
an independent and principled reason for the ban itself, usually
associated with a clear social harm. And it should not be forgotten
that in liberal democracies it is generally accepted that a criminal
statutory ban should be an instrument of last resort.
Parliamentarians should ask themselves "is a statutory criminal ban
absolutely necessary to achieve our policy goals?" not "does it
work?"

That said, there is emerging "proof of principle" evidence from
animal studies that supports the possible therapeutic applications of
"therapeutic cloning."

Fourth, policy makers must be careful not to let outrageous,
unsubstantiated claims, such as those of the Raelians, drive national
policy development. "Cloning Claim is Science Fiction, Not Science"
states a Jan. 17 letter to Science, co-authored by the father of
mammalian cloning, Ian Wilmut. The letter goes on to note that
"debates over ethics ... should be separated from the fantasy
currently occupying new reports."

Parliamentarians should be wary of those seeking to exploit presumed
media hoaxes for the purpose of policy development. No reasoned,
reasonable or principled approach can come from responding (and, by
implication, legitimizing) the Raelian fear-mongering. Don't carry a
ban on therapeutic cloning on the back of the distaste generated by
the Raelian's claim of reproductive cloning.

Statutory bans are inflexible, take a long time to change and do
little to facilitate an ongoing, open and constructive dialogue,
which is absolutely essential in this context. We would be better
served to consider regulations that allow for promising research to
proceed, so that we won't close the door to potential medical
advances and potential life-saving cures for many serious diseases in
our society.

Timothy Caulfield, is the Canada Research Chair in Health Law and
Policy at the University of Alberta; Abdallah Daar, is a professor of
Public Health Sciences and Surgery and Director, Program in Applied
Ethics and Biotechnology, at the University of Toronto Joint Centre
for Bioethics; Bartha Knoppers, is Canada Research Chair in Law and
Medicine, at the University of Montreal; Peter A. Singer, is a
Professor of Medicine and Director, at the University of Toronto's
Joint Centre for Bioethics; David Castle, is a PhD, at the Department
of Philosophy, University of Guelph; and Ron Forbes, is president and
CEO, of the Juvenile Diabetes Research Foundation (JDRF).

© February 24, 2003 The Hill Times

SOURCE: The Hill Times
http://www.thehilltimes.ca/2003/february/24/caulfield/

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