Benson-Pope David: Te Runanga o Ngati Awa Bill — First Reading 
Benson-Pope David: Te Runanga o Ngati Awa Bill — First Reading 
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Hon DAVID BENSON-POPE (Minister of Fisheries) 
: 
 I am delighted to rise today in support of the Human Assisted Reproductive Technology Bill a members’ bill in the name of Dianne Yates MP for Hamilton East. This bill introduces long overdue comprehensive legislation to regulate assisted human reproductive procedures and human reproductive research in our country. 
I give my special thanks and the thanks of the Government to Dianne Yates. She first introduced the bill back in 1996 as Dr Hutchison has said and she is to be congratulated on the considerable time and effort she has invested in bringing this legislation about which she obviously cares very deeply to fruition. I would like to add my appreciation also to that which Ms Yates has already passed on to Health Committee staff and their advisers for their very detailed work and professionalism in this most complex and important area. 
The bill currently before the House is an amalgamation of Ms Yates’ original bill and the Government amendments that update and build upon her earlier work. The Government amendments reflect changes in scientific knowledge and technology over the period since the development of the bill changes in the legislative framework for the health sector generally and overseas developments. 
I would also like to acknowledge the valuable contribution made by the Health Committee to the development of this bill. The long history of the bill is testament to the complex ethical issues raised by assisted reproduction. I thank the committee for its report and recommendations which are unanimous. 
The Human Assisted Reproductive Technology Bill establishes a robust and flexible framework for the regulation of current and future assisted reproductive practices and research. In an area like assisted human reproduction where science and technology are rapidly changing it is important to establish a system that is both adaptable and rigorous but not so overly prescriptive that it will quickly become outdated or redundant. I am confident that this bill strikes that appropriate balance. 
Although other countries to whom we often look for guidance have opted for licensing regimes I believe that the framework set out in the bill is the most appropriate regulatory approach for this country. The bill sets up a system that is compatible with the New Zealand health sector generally and that is also appropriate for the small number of fertility service providers in New Zealand. I am confident that the regulatory framework set out in the bill is robust and achieves a level of regulation that compares well internationally. 
The bill is also appropriate for New Zealand in that it acknowledges that there has not been a sense of discussion or debate in this country about many assisted reproduction activities including the complex ethical issues they pose and the opportunities and risks they present. The bill requires public consultation and expert advice on matters of significant public interest prior to decisions about the safety and acceptability of new procedures. 
The bill also prohibits outright a number of activities that are deemed to be unacceptable in this country. Most countries that have legislation in this area have a similar list of prohibited activities. The bill bans activities such as human cloning for reproductive purposes the implantation of a human embryo into an animal and vice versa and the genetic modification of embryos. Most people would agree that those are at the extreme end of the spectrum of assisted reproductive technology and would support banning such activities. After hearing submissions the Health Committee considered there was also a broad level of support for adding further prohibitions on activities such as sex selection for social reasons and the use of gametes and foetuses for reproductive purposes. 
The bill makes an important distinction between the use of techniques for reproductive purposes—that is for the purpose of forming a child—and for research purposes. Certain techniques like cloning for example are prohibited for reproductive purposes but their potential use for research purposes is preserved. This reflects the general approach of the bill which is to be cautious but to preserve the potential benefits and opportunities of reproductive technology. It also reflects the Government’s overall approach to biotechnology policy which is development—but with care. 
The bill establishes a new ministerial advisory committee. This committee will consist of experts from a range of different disciplines and half its members will be lay people. It will provide policy advice to the Minister on new and established procedures and monitor developments in assisted human reproduction. It will also issue guidelines for permitted activities which will be used by ethics committees to consider individual applications. The bill also provides for regulations to be made for any assisted reproductive procedure or research. 
An important part of the advisory committee’s role will be to consult with the public on assisted reproductive technology. In response to concerns from submitters the Health Committee has added a number of provisions that clarify how public input and consultation will be achieved and the transparency of the working of the advisory committee enhanced. The bill separates responsibility for developing policy from the consideration of individual applications. 
The advisory committee will develop policy advice and the bill requires that an ethics committee be designated to consider individual applications. That will be a significant improvement on the current situation where the National Ethics Committee on Assisted Human Reproduction is in the unsatisfactory and often difficult position of having both to set policy and to consider individual applications. Ethics committees are widely used in the health and research sectors to consider individual applications within the parameters of guidelines. Under this bill ethical approval will be mandatory for all non-established procedures and all human reproductive research. The ethics committee to be designated under this bill will consider individual applications in accordance with guidelines laid down by the ministerial advisory committee. 
A significant feature of the bill of which New Zealand can be particularly proud is the comprehensive information-keeping scheme. It is important that this part of the bill is acknowledged because it is an area in which I believe we lead the world. As the experience of closed adoption has shown secrecy around issues of identity family and genetic heritage can have devastating consequences for individuals and families. The information-keeping provisions in this bill give legislative recognition to the importance of openness and knowledge about one’s genetic heritage. 
The bill establishes an information-keeping scheme that enables people born as a result of donated eggs or sperm to access information about their genetic origins. Fertility service providers will be required to collect retain and pass on certain information about donors and donor-offspring to the Registrar-General of Births Deaths and Marriages. The Registrar-General will administer a new information register that will be able to be accessed by donor-offspring guardians of donor-offspring and donors. Donor-offspring will be able to access identifying information about their donor from age 16 and non-identifying information if they are under 16. 
The bill also acknowledges that donors have an interest in children conceived from their donation. Donors will be able to find out whether a donation resulted in the birth of a child and access identifying information about any donor-offspring with the offspring’s consent once 18 or older. The bill even contains provisions for information sharing about siblings who have the same donor. 
This bill before the House today will provide important new safeguards around assisted human reproduction. It prohibits practices that many people find ethically unacceptable and establishes processes for ethical decision-making that will serve us well in the future as science and technology continue to develop apace. The bill secures the benefits of assisted reproductive technology and research for individuals and society while taking appropriate measures to protect human health safety and dignity. 
Again I extend my thanks to all of those involved in the development of this important legislation. I commend the bill to the House.