IVF recommendations still in gestation

The much-debated parliamentary recommendations on biotechnology use have not been translated into law even though more than three years have passed.

In July 2005, Parliament's Social Affairs Committee had published its recommendations on the use of biotechnology, genetic technology and assisted fertilisation following an eight-month discussion.

The discussions had become embroiled in controversy after the former Children's Commission, Sonia Camilleri, had said that in vitro fertilisation should be banned because research could not yet guarantee a healthy life for the children born through this process. She said people should not have a right to have a baby at all costs.

Her comment had raised a hornet's nest, with many criticising her. The president of the Malta College of Obstetricians and Gynaecologists, Donald Felice, had described the comments as "fundamentalist" and Dolores Cristina, the present Education Minister who was then Family and Social Solidarity Minister, said infertile couples should be helped to have children.

Eventually a set of proposals was made but, despite consensus that there is need for a regulatory framework for the sector, it seems that the recommendations have been shelved.

Labour's former health spokesman Michael Farrugia, who sat on the committee, said Social Policy Minister John Dalli was presented with all the documents in August.

The ministry was asked about the status of the matter and why the proposals had still not been developed into a Bill, however, no response was forthcoming.

The committee had proposed a law that gives the embryo a moral and legal status by not later than the phase of conception, which is when the two nuclei of the sperm and the egg fuse to form the single cell of a new human life.

It had also recommended that in vitro fertilisation is offered to married heterosexual couples or those in a stable relationship and also accepted Polar Body Biopsy, which are tests on the DNA from the ovum in the case of serious diseases.

Michael Asciak, the chairman of the Bioethics Consultative Committee, said the government needs to seriously think about enacting legislation that regulates the use of biotechnology.

"In my opinion, not legislating is irresponsible," he said when contacted. Dr Asciak, who sat on the committee when the exhaustive discussion was underway, said the absence of legislation could give rise to abuse.

"You need a framework legislation to regularise IVF, stem cells and other similar things, or else everyone will do what they want.

"You need to protect human life and put into place measures that protect the family. That is what the law needs to look at," he said.

Dr Asciak, said he had assumed the government would have acted on the report. "I think it is important for the government to act now."

Parliamentary Secretary Clyde Puli, who chaired the committee when the debate was ongoing, said he was disappointed that a law had not materialised so far.

We need a framework within which one can work and which reflects what society accepts and finds acceptable. The law should reflect the advances in science and fill the current void, he said.

"Certain things which should perhaps not be permitted are still allowed since there is no legislation."

Asked how he felt about the fact that the recommendations seem to have been shelved, Mr Puli said he was disappointed.

Saint James Group chairman Josie Muscat, who has been running a fertility clinic for a number of years, said regulation was always good as long as government did not go overboard.