The regulation of stem cell research in Ireland: from the Commission on Assisted Human Reproduction to the Assisted Human Reproduction Bill 2017

In 2005 Ireland’s Commission on Assisted Reproduction (CAHR) published a comprehensive report on the regulation of assisted reproduction and associated technologies. Yet since that that Report, successive Irish governments have failed to bring forth any legislation on this matter. This legislative inaction has resulted in a situation whereby the embryo in vivo has the right to life under the Irish Constitution, but embryos in vitro have no protection in law. Irish policy makers have also endorsed and funded embryonic stem cell research (ESCR) at a European level, but continues to prevent researchers in Ireland from accessing any public funds for this research. The publication in October 2017 of the General Scheme of the Assisted Human Reproduction Bill 2017 is thus a welcomed development. However further reading of the Bill reveals that it is restrictive in nature and likely to stifle research in Ireland. This paper will discuss the legal, ethical and scientific developments that have occurred since the CAHR report and the impact, if any, they have had on the development of this Bill. It will critically reflect on provisions of the Bill as they relate to ESCR and make a number of suggestions for reform