Mr. Speaker, it is my privilege to rise on behalf of the constituents of Surrey Central to again participate in the report stage debate on Bill C-13, an act respecting assisted human reproductive technology and related research.
I would like to share with my colleagues the fact that many of my constituents have contacted me on this issue and almost all of them want me to oppose the bill unless it is amended.
I would also like to acknowledge that many members in the House have worked hard on the bill, specifically the hon. member for Yellowhead and the hon. member for Mississauga South, as well as the former leader of our party. They have worked really hard, along with our other caucus members.
Human reproductive technology is an area clouded by a high degree of moral ambiguity. There is little agreement about the harms and benefits of the relevant technologies. Still, virtually all Canadians would agree that there is a pressing need for laws to oversee the entire area of reproductive genetics.
Since 1997, when the proposed human reproductive and genetic technologies act died on the Order Paper, we have had Dolly, the cloned sheep, the discovery of stem cells, and the completion of the mapping of the human genome. A lot has taken place since then and what the next years hold in store is anyone's guess.
Thankfully, the government has finally seen fit to begin the process of regulating these complicated and controversial issues. Earlier the government was sitting on the fence, not being decisive, but now finally it has recognized that it has to deal with these controversial issues.
The Group No. 6 amendments we are debating today consist of 11 motions, all of which I support as improvements to the present bill. I will go over one by one some of the motions that I deem particularly necessary in this debate.
Motion No. 92, for instance, places reasonable requirements on equivalency agreements that the health minister negotiates with the provinces. All of us are aware of the negotiations that recently took place. In “Building Families”, this amendment was a health committee recommendation. Transparency and accountability in this area are needed. The public must be consulted on draft agreements and the text of such agreements must be made public. It is a good amendment and we will support it.
Motion No. 93 deletes clause 65 entirely, thus removing the power of the governor in council to make regulations for carrying into effect the purposes of the bill. This is a good amendment because we have serious concerns with one of the subclauses in clause 65. We support this amendment. It allows the governor in council to exempt controlled activities from the provisions of the act through regulations. I have spoken enough about how the government does not govern but rules through the back door by way of regulations. This amendment will limit the ability to rule through the back door.
There are important reasons why the controlled activities listed in the bill require licences and why violations are subject to prosecution: because they involve the creation and manipulation of human life. Cabinet should not be permitted to exempt certain activities through regulations. This is a get out of jail free card. It is a very serious, dangerous subclause.
Motion No. 94 in the group amends the bill to remove the ability of the governor in council to make regulations respecting transgenics, the subject of clause 11. Transgenics are animal-human combinations. Again this is very important and I am sure my constituents will appreciate my support for this amendment.
Motion No. 96 is a procedural amendment respecting a Canadian Alliance amendment passed at committee. Our amendment, now subclause 15(3.1), specifies that:
A licensee who transfers an in vitro embryo to another licensee shall notify the Agency of the transfer in accordance with the regulations.
That will allow tighter control and I support that. The minister's amendment follows from our amendment's mention of “in accordance with the regulations”.
Motion No. 98 again is a minor amendment specifying that regulations shall be referred to the appropriate committee of each House, rather than to “an” appropriate committee. What is important here is that regulations shall be referred to a committee of the House of Commons, something the Alliance fought for and won at committee. Previous wording said that regulations “may” be referred to the House committee, but if this amendment passes they will be referred to a committee of the House. We fought to enhance accountability and transparency and we won.
In Motion No. 100, again the amendment would require equivalency agreements to be renewed whenever there is a change in any relevant federal or provincial legislation. This seems appropriate and reasonable. For example, if Bill C-13 is ever amended to enable children conceived through donor insemination to know the identity of their biological parents, any equivalency agreement that may be in place should also be renewed to reflect such a change. It is an important change. Children born through the process need to know their biological parents.
Motion No. 103 deletes clause 71, which allows the grandfathering of controlled activities “until a day fixed by the regulations”. As currently worded, the clause would allow scientists to engage in a controlled activity once before the act takes effect, thereby avoiding licensing requirements and prosecution provisions. This could result in a stampede toward controlled activities, for example embryonic research, before the bill takes effect.
The current clause is a get out of jail free card. It allows the governor in council to exempt controlled activities through regulations. Controlled activities should not be grandfathered. There are important reasons why controlled activities otherwise require licences and why violations are subject to prosecution: because they involve the creation and manipulation of human life. This should not be allowed. At the very best, the bill should specify a time limit on grandfathering and not leave it to the regulations. That is why I support this amendment.
In Motion No. 104 the amendment specifies that grandfathered activities should be permitted only as long as such activities have no change in scope or purpose. The intent here is to prevent researchers from changing the scope of activities after they have qualified for grandfathering under the bill, similar to Motions Nos. 105, 103 and 104. We support them for these reasons. Motion No. 104 adds the requirement that grandfathered activities should require a licensee if there are changes in the scope or purpose of such activities.
These amendments will ensure tighter control and therefore the manipulation of human life or creation would be under watch.
Similarly, Motion No. 103 specifies that controlled activities should only be permitted for 90 days after the coming into force of the act. The 90 day limit on grandfathering is far superior to the open ended “until a day fixed by the regulations”.
Since my time is over, I would like to conclude by saying that the public debate surrounding assisted human reproductive technologies signifies this issue's importance to Canadians. The provisions of Bill C-13 carry great consequences for individuals, families and therefore society as a whole. It is imperative that members be allowed to vote their conscience on the bill. An issue with such high ethical implications should not be decided upon through strict party discipline. The Prime Minister should indicate that there will be a free vote on Bill C-13.