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The legality of the licences that allowed the creation of Britain's first human-animal hybrid embryos is to be challenged by a Christian group, The Times has learnt.
The Christian Legal Centre (CLC) has instigated a judicial review of the decision by the Human Fertilisation and Embryology Authority (HFEA) to approve two teams to start the controversial experiments, arguing that the watchdog acted beyond its powers.
In January, the authority awarded licences to scientists at King's College London and the University of Newcastle-upon-Tyne to create cytoplasmic hybrid or “cybrid” embryos by inserting human DNA into empty cow eggs.
Though these cybrids are 99.9 per cent human in genetic terms, they contain a very small quantity of animal material. The scientists want to use them to create stem cells with which to study diseases such as Alzheimer's and Parkinson's.
Last week, it emerged that the Newcastle group had already produced cybrids for the first time in Britain, though its work has yet to be peer-reviewed or published.
The House of Commons is also preparing to consider the issue next month, when it debates the Human Fertilisation and Embryology Bill, which contains clauses that would formalise the legal status of these embryos.
The CLC confirmed this evening that it was challenging the HFEA ruling, which it argues exceeded the regulator's legal authority.
Under the 1990 Human Fertilisation and Embryology Act, it is empowered to licence research using human embryos, and the watchdog's lawyers advised it that cybrids were covered by its remit.
The Christian group disagrees, and is also questioning the authority's decision that the experiments were “necessary or desirable” for medical research.
Andrea Minichiello Williams, director of the CLC, said: “We are submitting a judicial review on the basis that the HFEA did not have the authority to grant licences for the creation of animal-human hybrids under the 1990 Act, which clearly refers to human embryos. They are therefore acting ultra-vires.”
She added that the HFEA had “pre-empted the will of Parliament” by ruling on an issue that it knew was about to be debated by MPs.
The embryology authority confirmed that it had been informed of the CLC's intention to seek judicial review.
The HFEA’s right to approve the work was backed last year by the Commons Science and Technology Committee, which saw the authority’s legal advice.
Evan Harris, a Liberal Democrat member of the committee, said tonight: “It was clear from a combination of the 1990 Act and the cloning regulations passed in 2001 that this work was licensable. These embryos are human.
“Even if that interpretation is wrong, that would mean that these experiments are perfectly legal because they are not subject to any regulation at all. The one thing it is impossible to argue is that they are banned.”
James Lawford Davies, a solicitor at Clifford Chance who specialises in embryology law, confirmed that even if the challenge succeeded, the work would remain legal. “All it would do is to leave this area unregulated,” he said.
He added that the HFEA decision could be overturned only if a judge decided that its interpretation of the embryos as human was “irrational, unreasonable or unlawful”.
He said: “The fact that some people might disagree does not leave the HFEA vulnerable. It is also irrelevant that Parliament is discussing the issue. The HFEA is obliged to rule on licence applications as they are received, and had it refused to do so it would have been vulnerable to judicial review from Newcastle or King’s.”
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We all know what wonders this research is going to give us - none really. We have all had the promiss of Jam tomorrow if we can get away with this today - weren't we all told that nuclear waste would be recycled into glass and put at the bottom of the garden to provide all of our energy needs!
Mark, Cardiff,
I donât think the Christian group is trying to halt scientific progress, but to hold the HFEA to account. The HFEA is supposed to keep within the law and in our democratic society citizens are entitled to ask the courts to rule on whether they have done so, just as they are able to ensure that the rule of law is enforced on any other public body. Also, it is not a waste of taxpayersâ money if public bodies are being made to take their remits and the law seriously, nor is it a waste if fruitless research is stopped in favour of research that might produce cures. Statistics tell us that no cures have yet been found through embryonic stem cell research, whereas at least 85 cures have been found through ethical research into stem cells taken from umbilical cord blood and other adult sources. Why kill millions of embryos for nothing? We seem to care more about research on animals than research on human beings. Have we not learnt from the mad cow disease episode that natureâs boundarie
Kathryn Wakeling, London,
It has been nine years since the 1999 Donaldson Report, on which the government based its current policy on stem cells. Embryonic stem cells were apparently going to provide miracle cures for people with degenerative diseases. What has happened since then? Human embryonic stem cells are yet to provide a single therapy for any human disease.
As a nation we need to stop and reflect on the direction we are taking. If human embryonic research is not successful or ethical should we be pursuing it? Do we want to take another step in embryo research and cross species boundaries and mix human embryos with animals? If we open this door, where will it lead? Are we opening a pandora's box? It is not right to say because something 'may' produce a good outcome that it should be pursued. We need to look at other implications this research may have. The ends do not justify the means.
Simone Lamont, London, UK
Scientific progress is being held back by nothing more or less than the superstitions of primitive tribes from two millennia and more ago, encoded in today's religious dogma.
I've searched the bible but it says nothing about the status of cells smaller than a pinhead in a Petri dish. We should remember that Jews have said they have no objection to the research, as they have a different view on when life starts to Christianity. As the whole Christian phenomenon is based on a Jewish tradition in the first place, I tend to believe the Jews' interpretation.
All that this Christian scaremongering will do in the longer term is empty the pews faster, and for good reason.
Alistair, Edinburgh, Scotland
Unbelievable! This kind of research has so much to offer and will be an unbelievable benefit to medicine! What I'm trying to say is
THIS WILL SAVE LIVES (PERIOD)
Allan, Heidelberg, Germany
The clear impression I have from reading this article is that this legal action has virtually no chance of success. It is just going to waste valuable court time; and shows the extent to which some anti-science Christian groups will go to put the brakes on progress. I just hope that this Christian group is not wasting taxpayers' money in bringing this action.
Des, Edinburgh,
Hrere we go again with another legal challenge. This Christian Legal Centre will have a large funding base thanks to pro-life, Catholic establishment etc.. Today, we heard another group whose challenge the judge accepted and let thousands of them to stay in the country. Another person wants to challenge a jury verdict because it did not support his fantasies.
Simon, LONDON,
The group claims it exists to defend Christian religious freedom - a fairly worthy goal to most liberals I'd say - yet in this case it seems to be doing something quite different.
David Jones, Loughborough, UK
This is nothing to do with "holding back progress," it is a cogent and legitimate exploration of a complex and difficult ethical question. I am an ATHIEST and I completely support this challenge. The fact that people might benefit from something does not necessarily justify it. People might benefit from doing experiments on severely mentally handicapped children - would that justify it?
Condemning this action on the grounds that it is being initiated by Christians simply shows your own lack of clarity - and a closed mind.
Nick, Rotherham, UK
Why can religon without scientific proof of its own truth be allowed to have any judgement of the advancement of man is beyond logic. They have held humanity back for nearly two thousand years citing that it would break some man made moral code. I pray, scardonically for they day that religon is put in its place as something of the mystics and the soothsayers. Without science we are a collection of protons, neutrons and electrons upon a spot of dust waiting for our existence to be wiped out by some godly catalysmic event (insert meteor strike, massive volcanic disaster, a local supernovae etc). Lets heal the sick and stop the suffering of people as we only get one chance to exist. I don't want to live in a non existent heaven/hell i want to live here and now and no amount of faith has kept anybody alive.
Arron Berry, Bristol, England
Maybe we should just ban all these people who oppose to these researches from any medical treatments that are derived from them?
That will include almost all of the cancer treatments, as well as some advanced HIV ones.
It has been quite an amusing past month to see how ignorant some religious people are. For all we know, if we take in every teaching from the Church, the Sun is still orbiting round the Earth.
What a bunch of jokers.
What one small group of people believe should not prevent others from having life-saving medical cures.
Chris, Cambridge, UK
There are genuine moral arguments to oppose such an experiment. To base it on Christian views is fine, but they can't expect people not to criticise them for just that. People will only ignore the ethical (and necessary) arguments behind the faith!
Heather, Stockton, UK
I think the fact that human embryos are experimented upon at all, let alone human-animal embryos, is absolutely ghastly. Irrespective of what anyone tries to say, an embryo is still a life.
Before anyone says it, I'm not religious but I am allowed my own perspective thank you, and neither am I an old fashioned dinosaur - I'm 21.
Good on the group for challenging the decision.
Louise, London,
Christians trying to hold back progress. Again. All they will do is look stupid when their legal challenge amounts to nothing. Medical science will continue to advance, and billions of people (including Christians) will benefit from it.
What's their alternative? Are they going to say prayers for the sick and hope for miracles? Do they just assume people deserve their suffering as punishment for their sins, or as a "test" from their all-loving, all powerful God?
Mark, The Hague, netherlands
Whether or not the HFEA have the authority to grant licences for such research, who gave the CLC licence to try and halt scientific progress?
Sophie, Liverpool,