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	<title>Cambridge University Conservative Association &#187; human life</title>
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	<description>The largest, most active political society in Cambridge</description>
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		<title>What was the HFE Bill really for?</title>
		<link>http://www.cuca.org.uk/2008/05/26/what-was-the-hfe-bill-really-for/</link>
		<comments>http://www.cuca.org.uk/2008/05/26/what-was-the-hfe-bill-really-for/#comments</comments>
		<pubDate>Mon, 26 May 2008 13:15:37 +0000</pubDate>
		<dc:creator>Hugh Burling</dc:creator>
				<category><![CDATA[Politics]]></category>
		<category><![CDATA[human life]]></category>
		<category><![CDATA[Rights of Government]]></category>
		<category><![CDATA[statism]]></category>

		<guid isPermaLink="false">http://www.cuca.org.uk/?p=124</guid>
		<description><![CDATA[Those who supported the various alterations that the Human Fertilisation and Embryology Bill made or aspired to make to law most probably saw it as an opening up for discussion and reform of long-standing issues that were causing concern to various parties. Scientists wanted legal permission to create hybrid stem cells and increase production of [...]]]></description>
			<content:encoded><![CDATA[<p>Those who supported the various alterations that the Human Fertilisation and Embryology Bill made or aspired to make to law most probably saw it as an opening up for discussion and reform of long-standing issues that were causing concern to various parties. Scientists wanted legal permission to create hybrid stem cells and increase production of embryonic stem cells besides. Liberals wanted to abolish the requirement for IVF providers to consider a child&#8217;s need for a father. Pro-lifers wanted to lower the time limit on abortions, apparently by any degree possible (votes were taken on reductions to 16, 18, 20 and 22 week limits). I&#8217;m not exactly sure how to politely stereotype those who wanted to legalize the practice of having a child so as to donate its body parts to a sibling.</p>
<p>The discussion and controversy that surrounded the bill and its amendments, however, made it appear a more and more curious parliamentary phenomenon &#8211; it gradually became clear that its various elements were basically unrelated as commentators spoke with the pretense of expertise in fields that were far from their own.</p>
<p>If we look at the arguments for considering some of the changes made, it becomes clear that there was a more subtle reason for introducing all these ideas at once, and one that may have indelibly increased the prerogatives of the government against the rule of common law in this country.</p>
<p>Let&#8217;s begin with the attempt to lower abortion limits. The argument used in opposition to this was that scientific evidence had not sufficiently changed since the 24-week limit was set even to show that children are &#8216;viable&#8217; at twenty-two weeks. Whether this was the case or not (13 of 18 witnesses giving evidence to the Science and Technology Committee were known Pro-Choicers and many did not submit written reports), the argument&#8217;s strength rested on the fact that all &#8216;ethical debate&#8217; on time limits had been ruled in favour of supposedly impartial &#8216;scientific&#8217; debate: terms of discussion had been established that prejudiced a given outcome, although this is less important than the fact that the debate had been limited in this way. The government had assumed the right to define human life, in this case by viability.</p>
<p>The debate concerning stem-cell research was full of red-herrings. Outspoken religious leaders bandied about sensationalist descriptions defaming both sides of the debate, whilst the scientific case in point &#8211; that adult, rather than embryonic, stem cells have produced the most significant advances in research &#8211; was ignored under the weight of scientistic rhetoric. Supporting stem-cell research per se was joined to the issue of &#8216;hybrid&#8217; cells, an unnecessary confusion of separate issues. What was assumed all along was the forgone conclusion that human life should be defined exclusively and executively, rather than inclusively and cautiously: you are an inhuman without rights if you have a certain amount of animal DNA, and an inhuman and without rights if you are below a certain age or do not possess certain faculties.</p>
<p>The other two issues I have flagged up are relevant her insofar as they were irrelevant to each other and the other elements in the Bill. That is, we need to ask why they were included. The reasons for including an amendment to the Abortion Act revolved around the renewal and replacement of that piece of legislation, whereas IVF parenthood requirements are a social and fiscal, rather than scientific or negative-rights related. The &#8216;saviour siblings&#8217; section of the Bill is not related to human fertilization or embryology, but rather, perhaps, human termination and why some embryos are more worthy of life than others.</p>
<p>What a human is and when life begins is a philosophical question, not one that can be adequately addressed by legislation. This is why British common law is such an excellent tool to deal with its social and legal implications. Common law is cautious and case specific, ideally independent of party-political programs. Government legislation, however, affects the entire nation at once; it creates attitudes, delegitimizing some opinions and legitimating others. Yet in the HFE Bill we saw the latest assertion of this Government&#8217;s assumed right and ability to answer all our questions, make all our choices, for us.</p>
<p>By lumping all these different issues together, the real issue of whether we define human life exclusively (excluding others from humanity by chosen criteria that &#8216;serve society&#8217; like slave-traders and racialists) or inclusively was overlooked and the Government control over the answer to this question asserted. The artificial complexity of the Bill also made it nearly impossible for politicians who share my view &#8211; that morally ambiguous legislation be left to our common law tradition &#8211; to decide how to negotiate the issue. Abstention is seen as support or careerism. Voting no or yes agrees that Parliament is the place to deal with these issues &#8211; but it is not. Doubtless the HFE Bill is only part of a trend, where the state assumes prerogatives until we agree with them. It is a deeply regrettable trend, especially when such literally vital issues are at stake.</p>
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