Mr. Speaker, I am pleased to participate in this debate concerning Bill C-13 and its previous nomenclature, Bill C-56.
This is a complex piece of legislation from a scientific and ethics perspective. This is pioneering legislation that we have not seen in a Canadian context in our history. The science has been evolving at a rapid pace and thus the reason for this legislation. About 10 to 20 years ago legislation of this sort was not required, but it is our duty as legislators to ensure that legislation is in place that will keep up with the ethical issues surrounding the scientific developments that we have had in this time period.
I approached the parliamentary research branch and had the Library of Parliament prepare a comparison for me of the legislative framework that exists in the United States and the United Kingdom, and benchmark it with Bill C-56 and Bill C-13, the legislation we have before us today.
I would like to compare those three approaches, but before doing so I would like to talk a little more generically about the bill itself.
Bill C-13 would give Canada its first comprehensive and integrated legislation dealing with assisted human reproduction.
There are three components to the bill: first, it would ban human cloning; second, it would give the government authority to regulate activities such as embryonic stem cell research; and finally, it would create an agency, the assisted human reproduction agency of Canada, to oversee the regulations set out in the act. In the absence of this legislation, no rules would exist to govern assisted human reproduction.
The first component of the bill would ban human cloning. It would prohibit unacceptable practices such as creating a human clone for any purpose, reproductive or therapeutic. Currently in Canada, human cloning is legal in the absence of legislation. If Bill C-13 were passed, human cloning would be banned.
The second component of the bill would give the government authority to regulate activities such as embryonic stem cell research. A main challenge in the matter of research on human subjects, including human embryos, is the necessity to strike the necessary balance between the need to seek the causes and cures of disease and disability, and the responsibility to ensure that our public policy framework can keep up with the science. Research has moved ahead faster than anticipated, and other governments have ensured through legislation that these discoveries truly advance the public interest.
The third component of the bill addresses the creation of an agency to oversee the regulations set out in the act. This agency would be called the assisted human reproduction agency of Canada. It would licence, monitor, and enforce the assisted human reproduction act and its regulations.
The Progressive Conservative Party was concerned with this issue, and that is why we encouraged the government to proceed with legislation as quickly as possible. The House may recall that over a decade ago our party commenced the Royal Commission on New Reproductive Technologies. That was the predecessor to ensuring that we had a legislative framework that could keep up with the science and the ethical issues that were developing during that period.
Bill C-13 is an extremely important piece of legislation that could have been managed better by the government. For example, of the three components of the bill, there was broad support among Canadians to ban human cloning. The government should have moved faster on introducing legislation that would ensure that end. A more effective manner of dealing with this wide-ranging bill would have been to divide the bill into two sections. One section would deal with banning human cloning and the second section of the bill would address assisted human reproduction procedures in a thorough and considered manner. By dividing the bill, each component would have been addressed individually.
The fact remains that Bill C-13 is a complicated piece of legislation. Even though the government could have done a better job managing the bill, it is a step in the right direction. After all, it is the first comprehensive and integrated piece of legislation dealing with assisted human reproduction in this country. Modern technologies and research in the field of science and health are quickly advancing. Rules, laws and regulations must be established to ensure that science does not move beyond human ethics. Clearly, research should not continue in a vacuum, regardless of one's position on the issues at hand. Many members in the chamber would agree that regardless of political, religious or social standpoints, we cannot continue without a legislative framework on this issue.
As I stated earlier, at my request the Library of Parliament prepared a brief synopsis comparing similar legislation in both the U.S. and the U.K. While this document provides only a peripheral view, it does highlight some important issues we may wish to consider. The proposed law in Canada is more conservative than the legislation in the United States and United Kingdom. I have the document comparing the legislative approaches of those two countries which I would gladly share with any member in the House.
As I have said, the legislation is complex because it deals with detailed issues that must be stewarded by strong legislation. Without any regulation or legislation on the issue of assisted human reproduction, the doors would be left wide open for scientific experimentation and interpretation.
I believe that the bill is a step in the right direction. I am not amenable to letting the ethics of these issues be left purely in the hands of scientists. We have a duty as legislators to ensure that there is a framework and that there are boundaries which are acceptable. Having no legislation is actually a policy. That policy would mean that the free enterprise market would dictate what ethics would govern these issues.
The government should be commended for moving forward with this legislation although the issues could have been managed in a better way.
I would like to illustrate my point. When I referred to the differences between the legislative approaches, I was referring to the document prepared by the Library of Parliament comparing the legislative frameworks of the U.K. and the U.S. with Bill C-56 and Bill C-13. There is even a chart at the end of the document.
Would embryonic stem cell research be permitted under this act? Yes, it would. It is also permitted in the U.K. and the U.S. Would a licence be required for such research? Under this act, yes. Under the U.K. act, it is; in the United States, it is not. Is the creation of embryos for stem cell research permitted? Under this act, it is not. In the U.K., it is, if properly licensed. In the United States, it is, if it is privately funded, and there are the bucks to do it.
Going through the document even further, it comes down to the fact that one could read the bill in terms of the act that was prepared by the U.K. in 1990. The British legislation may be perceived to be permissible in terms of the framework, but it is guided by finite regulation. The United States has had a protracted debate among its populace on this particular issue. In essence, even though it has had a stronger debate, it does not have legislation on these particular issues at the moment. The Canadian legislation is then a compromise between the two.
Ironically, the U.K. may appear to have the most permissive approach on embryonic stem cell research but in reality, its legislation imposes tight regulatory controls and compels the research community to proceed cautiously.
In the United States on the other hand, while there have been debates on embryonic stem cell activities and the appearance of related funding restriction, the reality is that the research community faces no legislative prohibitions or controls.
Canada has combined much of the cautionary approach evident in the U.S. debate over embryonic stem cell research with the U.K. example of placing more emphasis on the legislated controls with publicly funded research. The Canadian legislation has actually tried to adopt the best of the provisions that the United States has and that the U.K. has. I do not think we should have these issues in a legislative vacuum. We need to have legislation in place.