Mr. Speaker, like a number of other members who have spoken to the bill today, I am doing so with a good deal of reservation and trepidation because inevitably we see ourselves in an atmosphere of gross uncertainty. It is science fiction stuff. I think that is how we see this when we begin to address the ethical and the important public policy issues that are here. We have heard a number of speakers today refer to science fiction scenarios.
What worried me when I reviewed the bill was the lack of courage that I found or more specifically that I did not find in the bill. The point is that the work done by the health committee, and before that the Baird commission, took us further I believe as a society, as a country and as a government than the bill reflects.
The health committee and the commission addressed a number of issues. We heard from various members of the committee who sat through those hearings say that those issues were addressed and discussed extensively. Yes, in a number of cases they began to look toward resolutions that are not found in the bill.
I will come back to some of the areas in which the bill is lacking. Before I do that I want to express a great concern that I and I believe members of my whole party have in the shifting of decision making away from the House and the health committee, elected bodies, to the agency that is envisioned to be established under the bill and to regulations that will be established.
I want to deal initially with the agency in its composition. The provision in the bill simply allows for the establishment of a board of directors who will run the agency. There is some general language that the board of directors should represent various sectors.
One of the matters that was made very clear to the health committee, I understand from its deliberations and the testimony it heard, was the importance of recognizing that women have a much greater stake in the outcome of the debate and the policies that will flow from it. One would have thought that at the very least the board of directors would have been mandated in the legislation to be composed either primarily of women or at least an equal number of women on the board. That is not provided for at all.
There was a great deal of discussion in the health committee about the potential for some of the research and technology that would flow in this area to be discriminatory, particularly discriminatory for persons with disabilities. I would have thought that we would have looked for mandated representation on the board of directors from the people who suffer from various disabilities. There is no provision for that whatsoever.
Phenomenal ethical considerations will flow from the bill if it becomes law. They have been discussed extensively but probably still not sufficiently to come to a consensus on what the values of the country are on a number of these very important issues.
The provision for some input on an ongoing basis from the academic community that specializes in ethics would have been very important. They could have been representatives on the board or performed a consultative function to bring forward the issues that are evolving. The issues are not fixed and we do not know them all now. They will continue to grow as the technology and the research continue.
This is not to say that the academic community would dictate decisions around ethical considerations. They would simply assess, analyze and bring them before the board of directors who would make some very important decisions and recommendations in other areas regarding regulation.
Another issue that was raised in the minority report from our member was the issue of the very real potential for conflict of interest of people who sit on the board of directors but who may have involvement in research or in the private sector with ownership of some of this technology either at the time or potentially in the future. There are no guidelines with regard to conflict of interest. Because we are in such a new area it is hard at this time to envision all of the possibilities but there should have been some provision for that in the establishment of this agency.
We must appreciate what we are really doing with the bill if it really does become law. We are saying that a good deal of the decision making and discussion will be away from the elected body and will go to the agency, issues like conflict of interest which should have been addressed. This is another area where the bill is wanting.
Although the bill provides for a three year review, the provision states that it can either be a review by the House of Commons or by the Senate. We find it repugnant to have an unelected body conduct the review three years from now. If it comes to a conclusion that changes should be made or new laws passed we will simply get a recommendation. We are seeing too much of that and to see it actually in the bill that it could be the Senate doing the review rather than the House is repugnant to my party. We will oppose that on an ongoing basis.
I will now turn to some of the other areas the bill does not address. The bill contains no provision to prohibit the commercialization of human genetic material and no proposals to amend that under the Patent Act. In effect we are simply stepping back, which reflects the lack of courage in the bill, and, as we have seen so often from the government, allowing the marketplace to determine whether human genetic material will become patentable.
In some of the analogies we were making on the scientific issue I wondered if we were just opening the door to creating different forms of human life that can be owned? Are we turning the clock back to allow for slavery of a different human life form? It is not addressed in the bill. It would have been very easy to simply say that we would not allow for the ownership and commercialization of human genetic material.
To some degree it is already being determined since there was reference made to the Harvard mouse case. The interesting thing is that human genetic material was implanted into the mouse. We heard a number of examples today of other experiments going on at the present time using human genetic material.
The bill hides its head in the sand, ignores the issue and simply says that nothing will be done about it. The minority report written by our member on the health committee recommended the banning of any ownership of human genetic material. It went beyond that to what I found to be a laudable type of proposal. It stated that in all cases when human genetic material was being used it must be developed for the purposes of the general good of the public. That means it would be controlled by the public sector or at the very least by the non-profit charitable sector.
We saw some of that in the past but we have of course moved completely away from it. Insulin, which was developed by the Connaught Labs, is probably the best example that jumps to my mind.
What we are doing now is simply avoiding the whole issue and opening up the possibility and potential for different types of human life forms to be owned.
The health committee made the recommendation that the precautionary principle be incorporated as the guiding principle in the legislation. The definition it looked at using was the one proposed by the Royal Society of Canada. It essentially says to the person or group proposing or developing any new procedure or technology that the onus is on them to prove that it will not damage our society, and specifically in this case human health.
There is absolutely no reference to that type of concept or principle. The bill certainly does not use the term precautionary principle and makes absolutely no reference to it in any kind of a general way at all.
We are where we have been for some period of time. We saw all sorts of chemicals being dumped into our environment, where if the precautionary principle had been applied these chemicals would never have made it to the market. We are allowing that process to continue in the face of a very clear recommendation from the health committee that the precautionary principle be enshrined in the legislation.
When we talk about the reproduction of humans we cannot help but think of where else we would want to put that principle. It seems that it would be one of the very first priorities for this type of legislation but there is no reference to it whatsoever.
If that had been incorporated a number of the other issues that I already raised would at least have a framework, one could almost argue an ethical framework within which to function. How the agency and the government conducted themselves with regard to regulations would have been guided by that principle and certainly would have left Canada and individuals using these types of technologies in a much more secure position and would have ensured that they were not being taken advantage of. However that is not in the bill.
We have heard about and we recognize the need for legislation. We have heard a number of comments with regard to stem cell research, whether it be the embryo type of research or the adult stem cell research. We have heard from a variety of scientists and medical personnel about the potential for this type of research to advance medical science very dramatically and very significantly to aid in a number of areas, such as Alzheimer's, diabetes and Parkinson's. The list goes on. This research shows great promise, but again the worry is who will determine that it is good research, useful research and beneficial research and that the results will be beneficial for society, versus research that may in fact end in a result that is not responsive to the values of this country. The bill really does little or nothing to deal with that. The government has sidestepped it again. There is that lack of courage again.
As well I want to briefly address the Patent Act. It is quite clear that this is an area that needs further review. We do not know, and I say that with some sense of assurance, how to use the patent type of legislation in this area of human genetic material. We just do not know how to do that
What I feel very strongly about and can say again unequivocally is that when the Patent Act was designed there were clearly no prospects in view of having to deal with this type of new technology. It is woefully inadequate in dealing with human reproductive technology. As I said earlier, there should be an immediate ban on the use of human genetic material for patent purposes, but it should not stop there. We do need to know how to control the development of this technology. It is my own personal belief that the Patent Act will not do it. We will need a whole new and different approach, not just the framework. It is like trying to use a piece of legislation that developed and evolved over a century or two for something that is so dramatically new that it is not possible to do it. I think that is where we are at with patent legislation when it comes to this type of technology.
We have to take a whole new approach, one in which Canada could in fact be a leader, because we cannot do this just by ourselves. There are no prospects of any of that coming out of the legislation. This has just been shelved, pushed off to the side and ignored.
In conclusion, let me say that there are some very specific things that could be done to change the bill on a short term basis around the agency and the types of regulations that could be passed through the use of the precautionary principle. More important is what we should be doing after that. We should show some vision and some courage and move strongly into this area in the House of Commons and in the general society as the debate continues.