Mouse embryonic stem cells ... the ban on human embyonic stem cell research is likely to be lifted, but use of animal eggs in the procedure will not be allowed.

Credit: National Science Foundation

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MELBOURNE: Australia's Senate narrowly passed legislation to legalise human embryonic stem cell research last night, but removed a provision that would have allowed the use of animal eggs in the procedure.

After passing 34 in favour versus 32 against, the bill is now slated for debate in the House of Representatives as early as November 27th.

The private member's bill, proposed by Liberal Senator Kay Patterson, was based on the recommendations of the Lockhart committee whose report in December 2005 recommended revising Australia's laws on embryo research, and lifting the blanket ban on cloning.

Australian Prime Minister John Howard's cabinet voted to reject the recommendations in June this year, but after a backbench revolt he agreed to a conscience vote should a bill be proposed. On September 26, Patterson's bill was tabled in the Senate and debate began this week.

Moving much faster than anticipated, the senators agreed to amendments to the bill, including the removal of a controversial proposal to allow the use of animal eggs in the procedure - a move critics suggest would have paved the way for the creation of animal-human hybrids.

This came a day after two teams of British researchers submitted applications to carry out experiments fusing human cells with rabbit, cow and goat eggs. They argue that hundreds of eggs from women would be needed to create a single human embryonic stem cell, and that animal cells could be used to make chimeric embryos until the science improves.

The senators also blocked a proposed amendment by Greens Senator Kerrie Nettle which would have made it mandatory for researchers to deposit embryonic stem cell lines into a national bank.

The key restrictions of the bill are a ban on implanting a cloned embryo into a woman's uterus (punishable by 15 years imprisonment), a ban on creating sperm-fertilised embryos for research, and the prohibition of commercial incentives to women for donating eggs for embyonic stem cell research.

On the other hand, the bill allows for human embyonic stem cell research under licence, and allows research on egg maturation and freezing by redefining a human embryo as an entity coming into existence not after sperm fertilisation, but only after the first cell division.

This definition allows the viability of thawed or immature eggs to be tested by sperm fertilisation, without breaking the rule that disallows the creation of an embryo for research.

The bill also calls for the establishment of a U.K.-style national stem cell bank within two years, along with a review of the legislation within three years.

Most observers say passing the Senate was the major hurdle. With the House of Representatives believed to have the necessary numbers, the bill is considered well on its way to being passed into Australian law.