The future for stem cell research in the UK is at a critical point. The UK Government is overhauling the seventeen year old regulatory regime governing use of embryonic stem cells, and, in tandem under the existing law, the UK’s regulatory body has been considering whether to permit research using so-called ‘hybrid’ or ‘chimeric’ embryos. Earlier this month, the latter deliberations resulted in an ‘in principle’ decision from the Human Fertilisation and Embryology Authority (HFEA) that such research should be permitted under the existing law, but this is unlikely to be end of the matter.

The availability of human embryos for stem cell research has long been a barrier, and those wanting to conduct such research in the UK must obtain licences from the HFEA in a time-consuming process. The lack of embryonic stem cells has created great interest in alternatives, one of which is the ethically controversial hybrid embryo which can be made, for example, by replacing the nucleus of an animal egg or a cell derived from an animal embryo with a human cell or the nucleus of a human cell, thereby avoiding the need for human embryos. Despite their mixed origins, the embryos produced in this way are largely equivalent to human embryonic stem cells and are thought to provide ideal research subjects.

Given the ethical issues raised and the Government’s ongoing legislative review, it is hardly surprising that the HFEA decided to postpone any decision on the first two applications for such research projects received at the start of this year, and to first consult the public as to whether such research should be allowed. This consultation concluded with the HFEA reporting that the public were "at ease" with the creation of hybrids when informed that such research could lead to cures for debilitating conditions like Parkinson’s and Alzheimer’s, and with a decision that, under the current legislation, such research should in principle be permitted.

However, this is far from the end of the matter in two important respects.

First, whilst the decision in principle is in favour, individual applications for such research projects must be granted licences before the creation of hybrids can proceed. The two currently pending applications before the HFEA are expected to be heard later this year, and the outcome of those hearings, and others that will no doubt follow, is awaited with great interest by researchers and companies in the life sciences sector.

Secondly, and perhaps more significantly, the Government’s position on the issue is also presently unclear, and this could be determinative because ultimately what is allowed and what is not will depend on its reshaping of the current law. Whist, in the face of intense pressure, the Government made positive sounding noises in the commentary to its recent draft bill revising the legislation, the draft bill itself did not specifically provide that licences for research using hybrids could be granted.

Europe’s lack of harmonisation when it comes to regulation of embryonic stem cell research means that decisions on what can and cannot be done in the UK have great implications for its attractiveness as a place to conduct pioneering research in the field. It is therefore hoped that what is undoubtedly a step towards alleviating the dearth in supply of research specimens is followed up with positive decisions by the HFEA permitting suitable projects to be conducted, and even more importantly, that when the new laws are enacted in the UK, such research is not only permitted to continue but a proper framework is provided to encourage it.

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