The Pro-Life Alliance, an organisation that campaigns against abortion and the use of human embryos for research, has won a legal challenge against legislation, passed by Parliament earlier this year, that would have made it lawful under the 1990 Human Fertilisation and Embryology Act for researchers to use embryos created by somatic cell nuclear replacement ("therapeutic cloning") for research on embryonic stem cells (see Stem cells and cloning page for further information). Ironically, in finding in favour of the Pro-Life Alliance, who argued that embryos created by somatic cell nuclear replacement are not created by "fertilisation" (the union of sperm and egg) and therefore are not covered by the 1990 Act or any additions to it, the judge has effectively ruled that there is currently no legislation regulating the use of cloning techniques in the UK. The Government will now have to consider whether to appeal against the ruling or to introduce new legislation that would, if passed by Parliament, permit somatic cell nuclear replacement for stem cell research but outlaw reproductive cloning. Researchers and research organisations who supported the existing legislation have expressed disappointment that there will inevitably be a further delay before it will be clear whether somatic cell nuclear replacement is to be permitted. The Pro-Life Alliance's challenge should not, however, affect the part of the current legislation that permits the use of embryos created by in vitro fertilisation for embryonic stem cell research.
Note added 21/11/01: The Department of Health has announced that the Government intends both to appeal against the High Court judge's ruling on cell nuclear replacement and to introduce emergency legislation to outlaw reproductive cloning.