1st Dec 2021, 5:43 PM – Representatives Mitochondrial Donation Law Reform (Maeve's Law) Bill 2021 - Consideration in Detail - No destruction of zygote or embryo

The majority voted in favour of disagreeing with amendments introduced by Menzies MP Kevin Andrews (Liberal), which means they failed

This was a free vote (also known as a conscience vote), which means our MPs voted according to their own beliefs rather than strictly along party lines.

What would this amendment do?

MP Andrews explained that:

These amendments go to what I believe is a fundamental area of difference in terms of the ethical consideration of this matter, and I'll put it in this context: there are essentially five techniques which are provided for in this bill, but they can be split into two categories. There's a category of mitochondrial techniques which involve the transfer of material between eggs—namely, the maternal spindle transfer and the geminal vesicle transfer. They don't involve any destruction of an embryo in order to undertake those techniques. There are three other techniques that involve transfer of material between zygotes or embryos—namely, pronuclear transfer, first polar body transfer and second polar body transfer. These three techniques involve, necessarily as part of the undertaking of the procedure, the destruction of a zygote or an embryo.

I note in passing that under the bill only two techniques—namely, maternal spindle transfer and pronuclear transfer—are permitted for the clinical trial licence phase. But one of these techniques—namely, pronuclear transfer—involves the destruction of the zygote or the embryo. Accordingly, these amendments, when taken together, would remove from the bill those techniques or procedures which result in the destruction of the embryo. It would allow mitochondrial research to be undertaken involving the gametes, the egg and the sperm, but it wouldn't involve the destruction of an embryo. For me, that is a line at the end of the day consistent with the view that I took almost 20 years ago when we were discussing stem cell research and cell therapy at that time—that there is a line between techniques which do not involve the destruction of an embryo and the techniques which do involve the destruction of the embryo.

Amendment text

(7) Schedule 1, item 19, page 34 (line 4), omit the definition of pronuclear transfer.

(8) Schedule 1, item 19, page 34 (line 5), omit the definition of second polar body transfer.

(9) Schedule 1, item 20, page 34 (line 15), omit paragraph 7A(b).

(10) Schedule 1, item 20, page 34 (line 17), omit "transfer;", substitute "transfer.".

(11) Schedule 1, item 20, page 34 (line 18), omit paragraph 7A(e).

(12) Schedule 1, item 20, page 35 (cell at table item 1, column headed "the permitted techniques are …", paragraph (b)), omit the paragraph.

(13) Schedule 1, item 20, page 35 (cell at table item 1, column headed "the permitted techniques are …", paragraph (e)), omit the paragraph.

(14) Schedule 1, item 20, page 35 (cell at table item 2, column headed "the permitted techniques are …" ), omit the cell, substitute:

maternal spindle transfer

(15) Schedule 1, item 20, page 35 (line 14) to page 36 (line 4), omit section 7D.

(16) Schedule 1, item 20, page 36 (line 29) to page 37 (line 8), omit section 7G.

What does this bill do?

According to the bills digest:

Mitochondrial disease is a group of conditions that can cause serious health issues and, in severe cases, can cause death in childhood. There is no known cure for mitochondrial disease.

Mitochondrial donation is an assisted reproductive technology (ART) that can assist women to avoid passing mitochondrial DNA disease to their biological child. This technology is not a cure for mitochondrial disease but is rather a way to prevent children from inheriting mitochondria that can cause mitochondrial disease.

Under the current legislative framework, mitochondrial donation is illegal under the Prohibition of Human Cloning for Reproduction Act 2002 (Cth) and the Research Involving Human Embryos Act 2002 (Cth). The Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 (the Bill) amends relevant Acts and associated Regulations to make mitochondrial donation legal for research, training and human reproductive purposes. The overall aim is for women at risk of passing on mitochondrial disease to have reproductive options for biological children without the increased risk of their child having mitochondrial disease.

Primarily the Bill makes changes to ensure that it is no longer an offence to create, for the purposes of reproduction, and under the relevant mitochondrial donation licences, a human embryo that:

• contains the genetic material of more than two people and
• contains heritable changes to the genome.

Read more in the bills digest.