Madam Speaker, I am directing my remarks today to Bill C-47, an act respecting human reproductive technologies and commercial transactions relating to human reproduction.
This is an important subject touching on moral, ethical and scientific issues and economic issues as well, plus the role of the state in private lives. It is also a subject I have a personal interest in. I have dealt with infertile couples, helped by test tube procedures in my own medical practice, helping them to fulfil their fondest dreams to have a family. I cannot forget the joy, the excitement and the satisfaction of those individuals as they were successful in having their children.
This is not an academic or dispassionate subject but one that has a personal interest for me. Since it also touches upon life itself and my personal and strongest beliefs as a Christian individual, I put these practices into my personal belief structure that life is not just an accident, that there is a higher authority.
Let me start by saying that Reform's approach on a bill like this one is very specific. There is a moral component to this bill. I state my position as a Reform MP, provide the facts to my constituents, determine the position of my constituents, and vote their wishes if a clear consensus is evident. I want the Canadian public to know that I am in the process of doing that right now. My householder is going out with a questionnaire on human reproductive technology.
The objects of the bill are threefold: (a) to protect the health and safety of Canadians in the use of human reproductive materials or assisted reproduction, other medical procedures and medical research; (b) to ensure the appropriate treatment of human reproductive materials outside the body in recognition of their potential to form human life; and (c) to protect the dignity of all persons, in particular, children and women, in relation to uses of human reproductive materials. Those are noble goals, but how shall we reach those goals?
The bill has prohibited a number of things. The prohibitions are strenuous. The first prohibitions are almost science fiction procedures that are possible but not plausible for most Canadians, such as the fusion of human and animal egg and sperm, the implanting of a human embryo into an animal. These activities are abhorrent to most Canadians. Strong controls are reasonable in these areas.
The second area of prohibitions are the attempts to control assisted reproduction by making commercialization of these practices illegal. These activities today are controlled by self-regulating professional bodies with standards for licensing, training, technology and ethics. The actual things being controlled in this area are much more available to Canadians. For instance, sperm donation is currently available. Donors are paid for their donation. That would not be allowed under the bill. Under the bill a sister could not bear a family member an infant, be a surrogate mother, and receive compensation for time lost at work. In the bill as well an altruistic woman could not donate extra eggs to receive services she could not otherwise afford.
Controls are probably necessary in this area. How stringent should they be? Some of these decisions are personal and private.
Many consider such decisions to be too private for governmentto intervene.
Since the science fiction procedures and the assisted reproduction procedures are not of the same magnitude, the bill should reflect that significant difference. A division of the bill would be useful.
On enforcement in the bill, criminalization, penalties for breaking the prohibitions are very severe: $500,000 fine and 10 years of imprisonment for breaking some of the prohibitions. On the regulatory apparatus that will likely follow the bill, we have had a discussion paper laying that out. The bill is quite vague. Clause 12 says the minister can designate anyone he wants to be an inspector or an analyst. Clause 13 says the governor general can make regulations unspecified. These are big powers and big issues. It sounds like: "Just trust me and all will be well".
First, I accept the principle that these technologies require regulation by law. In principle I accept the bill at this stage of the debate.
Second, I urge the government to divide the bill along the lines of science fiction procedures on one hand and the commercial aspects of childless couples on the other.
Third, I do not accept the premise without more discussion that harsh penalties and criminalization are necessary or advisable in this area.
Fourth, I remain sceptical that government monopolistic regulation is the only or the ideal way to control such activities.
Fifth, I have gone over the reproductive consultation process which was very thorough. In Bill C-47 and the proposals that will follow I find many definitions and phrases that are vague, such as human dignity and protecting the dignity of all persons. To leave that undefined for me is very difficult. By whose definition do we look at dignity?
I present these thoughts for other members' consideration and review. My colleagues and I will carefully review the bill at committee hearings.