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20 November 2000The Independent reported last week that Rosgen, the British company licensed by Myriad Genetics to carry out mutation testing on the BRCA hereditary breast cancer genes, has agreed to allow the NHS to carry on testing for BRCA mutations at Regional Genetics Centres without payment of royalties. There will be no ceiling on the type or number of tests carried out. Patents granted on mutation tests for these genes had threatened to price tests beyond the reach of the NHS. Negotiations on the details of the agreement are still in progress, but Rosgen apparently believes that it can establish a successful commercial service that would "complement" the NHS service.
Meanwhile, the Guardian (15 November) has produced "Patenting life", a 12-page supplement detailing the current status of patents granted or applied for on genes from humans, plants, farm animals, imsects, bacteria and viruses.
28 November 2000At a meeting at Newcastle's Centre for Life on 27 November, the Human Genetics Commission launched its public consultation on the storage, protection and use of personal genetic information. The consultation document has been published on the HGC's website. It is in two parts: the first is a discussion document detailing the issues of concern in the areas of confidentiality, informed consent, the commercial use of genetic information, insurance, employment and forensic databases. The document also considers in detail the question of whether genetic information is special and merits protection beyond that afforded to other types of personal information. The second part of the consultation document is a bullet-point-style summary of the issues, with Yes/No tick boxes for responses. Written responses can be returned to the HGC by post, fax or e-mail and must be received by 28 February 2001.
The HGC is to be applauded for its efforts to initiate public debate on these issues, though the title of the consultation, "Whose hands on your genes?", carries overtones that are not entirely neutral. One also wonders how many of the general public (as opposed to energetic lobby groups) will wade through a 56 page treatise that, despite the catchy title, reads in places like a legal document.
The HGC may be more successful in eliciting the public's views by other means, and indeed the launch of the consultation coincides with the publication of a People's Panel survey commissioned by the HGC and carried out by MORI (see the HGC's press briefing). The 788-strong Panel, set up by the Cabinet Office, expressed concern about the use of genetic information by insurers and employers, but supported forensic genetic databases for those convicted of serious crimes.
9 November 2000In a paper in the Education and Debate section of the BMJ, Kaye and Martin argue that the original proposals for regulating the operation of the UK Population Biomedical Collection (a database of DNA samples and medical and lifestyle information on half a million adult volunteers) may not be adequate [Kaye, J. and Martin, P. (2000) BMJ 321, 1146-1149]. They point out that the Icelandic Government has taken steps to ensure that the controversial Icelandic Health Sector Database, which will contain medical records linked to genealogical information, will be overseen by two new Committees: a Monitoring Committee and an Interdisciplinary Ethics Committee. These committees will be charged with ensuring that deCODE, the company given exclusive rights to the information in the Database, conforms to the terms of its licence. In contrast, Kaye and Martin point out, because scientific and medical research in the UK runs essentially on a self-regulation system, "the funders of research, the managers of the database, and the regulators can be the same institutions". They argue that, if the public is to have confidence in the database, it may be necessary to introduce new legislation (along the lines of the 1990 Human Fertilisation and Embryology Act), or at least to set up an independent regulatory body to regulate it.
Comment: Kaye and Martin deplore the limited public debate that has so far taken place on the proposed UK database. However, they acknowledge that it is an early priority for the Human Genetics Commission (which is launching a public consultation on the topic in Newcastle on 27 November), and that the Wellcome Trust and the Medical Research Council are also undertaking public consultation. Indeed, in their recent report on progress with the project, the Wellcome Trust and the MRC have indicated that the current plan is for there to be a regulatory committee, "independent of both the users of the information and the scientists involved in developing it", to safeguard the interests of the volunteers and the public as a whole. Perhaps all that is needed is to go one step further by setting this body up as an official regulatory committee responsible to the Government.