Sir, - With commendable frankness, Dr Tony Walsh of the J. Marian Simms Clinic in Rathgar, a private fertility clinic, is quoted (The Irish Times, May 27th) as saying that this clinic may offer frozen embryos from one couple who do not require them to other infertile couples. The ethics committee of the J. Marian Simms Clinic has approved this proposed procedure.
There is no obvious reason why this should not happen. There is no law against it because, despite the advanced assisted reproduction techniques available in this country, there is no legislation in this area. What Dr Walsh has in mind does not appear to be contrary to the Medical Council guidelines either. But surely there are social and legal implications which must be taken into account? This situation is much akin to adoption but without any safeguards attached. Would these children know their genetic backgrounds?
My Private Member's Bill on Assisted Human Reproduction (1999) proposes a register of all those involved in assisted human reproduction. The Minister for Health and Children would keep the register and monitor those on it, assisted by an advisory committee. Without such a register we have to rely on people like Dr Walsh to be honourable and to tell us publicly what they propose to do. (Members of the Pro-Life Campaign oppose the Bill on the grounds that the Medical Council guidelines are sufficient control, but non-medical practitioners who work in this field are not subject to these guidelines, nor, as I have said, would they cover proposals such as Dr Walsh's.)
Experts working in the field of medical law, such as Prof Denis Cusack of UCD, Dr Deirdre Madden of UCC, Dr David Tomkin and Adam McAulay of DCU, repeatedly call for legislation in this most sensitive area. Without it we are racing along in blinkers. Technology and medical practice is now many years ahead of our law. We cannot lack legislation for much longer without a disaster. - Yours, etc., Senator Mary Henry,
Seanad Eireann, Dublin 2.