Matthew Canavan (Queensland, Liberal National Party) Share this | Hansard source

As I was saying, in this so-called stage 2 of the bill, moving to clinical practice trials, the conditions that would apply to those licences are not set or outlined in this bill because, of course, we haven't done the research and the trials, so, understandably, the government cannot at this stage outline in detail those particular regulations. For example, the explanatory memorandum to this bill says:

… organisations will not be able to apply to the ERLC—

the Embryo Research Licensing Committee—

for either of the two clinical practice related licences until a particular technique is specified in the Regulations for this purpose.

The explanatory memorandum goes on to say:

… Stage 2 would commence only after mitochondrial donation techniques suitable for use in clinical practice have been prescribed in the Research Involving Human Embryo Regulations 2017.

Keep in mind what we are doing if we do not amend this approach. We will continue the trends we have seen whereby the parliament delegates enormous power to the executive, and to ministers within that executive, to effectively make laws in the future that are not subject to the full oversight and scrutiny of this parliament.

I want to recognise the fantastic work that Senator Fierravanti-Wells, Senator Carr and others on the Senate Standing Committee for the Scrutiny of Delegated Legislation have done in this space. They have produced two groundbreaking reports—reports that I'm sure will stay on the shelves of many in this place for decades—about the overuse and risks of delegated legislation. Indeed, Senator Concetta Fierravanti-Wells, in tabling the final report in this place last year, commented that:

In theory, delegated legislation should only deal with purely technical or administrative matters, but this is no longer the case. In practice delegated legislation now often deals with matters of policy significance. An already unsatisfactory situation is becoming intolerable.

I couldn't agree with those words more—that, as senators in this place, we should be the house of review, we should be holding up standards that hold the executive to account on matters of policy significance. And this is clearly a matter of significance in terms of setting the conditions that would apply to a unique, novel and revolutionary form of human gene therapy. And, in that comment, Senator Fierravanti-Wells succinctly summed up that delegated legislation should be there for technical administrative matters—stuff that is urgent and cannot necessarily go through a full parliamentary process. The bill and explanatory memorandum said that the stage 1 process will take 10-plus years. So the delegated legislation that we would be approving without the bill being amended would not necessarily be exercised for another three federal elections. A completely different Senate would be here, and they would have no direct parliamentary oversight, apart from the disallowance process, to deal with the new regulations that may be set at that point.

Another good point that was made by Senator Fierravanti-Wells's committee is that we should have sunset clauses on delegated legislation. If we approve this bill, there will be more sunlight to the executive than would exist in Nordic countries in summer. It will be 10 years before they even consider it! We don't know what developments there will be in human gene therapy. We don't know what will happen in the UK and other countries. We will give a blank cheque to an executive in 10-plus years to write their own regulations then. I admit that we can disallow them, but we all know that's inadequate. It doesn't go through the committee process properly, it doesn't have to go through both houses, there are very rarely any public hearings associated with a disallowance, and it's an up-and-down vote. We can't have this process. There is no Committee of the Whole in a disallowance process. We can't amend the regulation. We have our hands tied somewhat when it comes to dealing with delegated legislation, even in a disallowable sense.

In the amendments that I will be moving tonight, I will propose that we should seek to remove the stage 2 licences from this bill. These amendments would not stop mitochondrial donation research and trials from continuing. As I've outlined, they've got 10 years of those to go—at least. These amendments would not stop that from occurring and the progression of this technology happening. All that agreeing to this amendment would mean is that, at the conclusion of those trials and research, the government of that day, or members and senators at that time, would put forward additional legislation which would then govern the regulatory framework for clinical practice trials.

In my view, these amendments become even more important given the fact that we did not agree to the regulatory oversight of the Office of the Gene Technology Regulator. I accept the decision of the Senate that has occurred here—that we will have scrutiny through the National Health and Medical Research Council. That body, as I've outlined, is not a regulatory body. There are at least some question marks here about gaps in the regulatory process. Surely, before we proceed with clinical practice trials, we should ensure that a full parliamentary process occurs. If these gaps remain—the gaps that I perceive, and plenty of other senators perceive; it was a very tight vote—then we could seek to look at how we fix those and fill those gaps at that point.

These are commonsense amendments that I would encourage all senators to adopt. They do not stop, slow down or in any way prevent the progression of mitochondrial donation technologies. They simply make sure that the scrutiny of this parliament and its integrity is maintained and we do not continue the trend of the executive of this country taking more and more power and authority from the parliament, where it should reside.

I seek leave to move amendments (1) to (11) and (13) to (55) on sheet 1519 together.

Leave granted.

I move amendments (1) to (11) and (13) to (55) on sheet 1519:

(1) Schedule 1, item 1, page 3 (line 13), omit ";", substitute ".".

(2) Schedule 1, item 1, page 3 (lines 14 and 15), omit paragraphs (d) and (e) of the definition of mitochondrial donation licence in subsection 8(1).

(3) Schedule 1, item 10, page 5 (lines 10 to 13), omit the definitions of clinical practice licence and clinical practice research and training licence in section 8.

(4) Schedule 1, item 10, page 5 (line 23), omit "; or", substitute ".".

(5) Schedule 1, item 10, page 5 (lines 24 and 25), omit paragraphs (d) and (e) of the definition of mitochondrial donation licence in section 8.

(6) Schedule 1, item 10, page 6 (lines 14 to 22), omit the definition of patient (including the note) in section 8.

(7) Schedule 1, item 14, page 7 (lines 31 to 33), omit ", a clinical trial research and training licence or a clinical practice research and training licence", substitute "or a clinical trial research and training licence".

(8) Schedule 1, item 17, page 8 (line 24), omit "5 kinds", substitute "3 kinds".

(9) Schedule 1, item 17, page 8 (line 30), omit ";", substitute ".".

(10) Schedule 1, item 17, page 9 (lines 1 to 3), omit paragraphs 28A(d) and (e).

(11) Schedule 1, item 17, page 9 (lines 12 to 16), omit subsection 28B(3).

(13) Schedule 1, item 17, page 16 (line 25), omit "; or", substitute ".".

(14) Schedule 1, item 17, page 16 (lines 26 to 31), omit paragraphs 28H(1)(d) and (e).

(15) Schedule 1, item 17, page 17 (lines 6 to 9), omit subsection 28H(4).

(16) Schedule 1, item 17, page 19 (line 13), omit ", or a clinical practice licence,".

(17) Schedule 1, item 17, page 19 (lines 16 and 17), omit "or in clinical practice (as the case requires)".

(18) Schedule 1, item 17, page 19 (lines 31 and 32), omit "or clinical practice (as the case requires)".

(19) Schedule 1, item 17, page 20 (line 7), omit "or patients (as the case requires)".

(20) Schedule 1, item 17, page 21 (line 10), omit ", 28E(2), 28F(2) or 28G(2)", substitute "or 28E(2)".

(21) Schedule 1, item 17, page 25 (lines 3 and 4), omit "and clinical practice licences".

(22) Schedule 1, item 17, page 25 (line 6), omit "or clinical practice licence".

(23) Schedule 1, item 17, page 25 (lines 9 and 10), omit "or patient (as the case requires)".

(24) Schedule 1, item 17, page 25 (lines 18 and 19), omit "or a clinical practice licence".

(25) Schedule 1, item 17, page 25 (line 24), omit "or patient (as the case requires)".

(26) Schedule 1, item 17, page 26 (line 34), omit "or patient".

(27) Schedule 1, item 17, page 26 (line 36), omit "or patient".

(28) Schedule 1, item 17, page 27 (lines 16 and 17), omit "and clinical practice licences".

(29) Schedule 1, item 17, page 27 (line 18), omit "or a clinical practice licence".

(30) Schedule 1, item 17, page 28 (line 3), omit "and clinical practice licences".

(31) Schedule 1, item 17, page 28 (line 5), omit "or a clinical practice licence".

(32) Schedule 1, item 17, page 28 (lines 26 and 27), omit "or a clinical practice licence".

(33) Schedule 1, item 17, page 29 (lines 1 and 2), omit "or a clinical practice licence".

(34) Schedule 1, item 17, page 29 (lines 5 and 6), omit "or a clinical practice licence".

(35) Schedule 1, item 17, page 29 (lines 21 and 22), omit "or a clinical practice licence".

(36) Schedule 1, item 17, page 29 (line 25), omit "or patient".

(37) Schedule 1, item 17, page 29 (line 26), omit "or patient".

(38) Schedule 1, item 17, page 29 (lines 27 and 28), omit "or a clinical practice licence".

(39) Schedule 1, item 17, page 29 (lines 35 and 36), omit "or a clinical practice licence".

(40) Schedule 1, item 17, page 30 (line 20), omit "and clinical practice licences".

(41) Schedule 1, item 17, page 31 (lines 3 to 11), omit subsection 28S(2).

(42) Schedule 1, item 17, page 31 (lines 12 and 13), omit "or a clinical practice licence".

(43) Schedule 1, item 17, page 31 (lines 14 and 15), omit ", a child referred to in paragraph (1)(b) or a patient referred to in paragraph (2)(a)", substitute "or a child referred to in paragraph (1)(b)".

(44) Schedule 1, item 17, page 31 (lines 26 and 27), omit "or a clinical practice licence".

(45) Schedule 1, item 17, page 31 (line 30), omit "or patient".

(46) Schedule 1, item 17, page 31 (line 31), omit "or patient".

(47) Schedule 1, item 17, page 32 (line 7), omit "or patient,".

(48) Schedule 1, item 17, page 32 (lines 17 to 19), omit "for a mitochondrial donation licence other than a clinical practice research and training licence or a clinical practice licence—".

(49) Schedule 1, item 20, page 40 (line 1), omit "or a patient".

(50) Schedule 1, item 20, page 40 (line 3), omit "or patient".

(51) Schedule 1, item 51, page 46 (lines 23 to 25), omit ", a clinical trial research and training licence or a clinical practice research and training licence", substitute "or a clinical trial research and training licence".

(52) Schedule 1, item 55A, page 47 (line 20), omit "or a clinical practice licence".

(53) Schedule 1, item 94, page 53 (line 5), omit "or a patient".

(54) Schedule 1, item 94, page 53 (line 7), omit "or patient".

(55) Schedule 1, item 100, page 53 (line 22), omit "or patient".

I also oppose schedule 1 in the following terms:

(12) Schedule 1, item 17, page 13 (line 22) to page 16 (line 12), sections 28F and 28G to be opposed.