Joint committee on the Human Tissue and Embryos (Draft) Bill First Report


Chapter 3: public opinion and public understanding

Public Opinion

14.  During the course of our inquiry, many claims have been made about public opinion supporting one approach or another. We offer the following examples. Sir Liam Donaldson, Chief Medical Officer, in explaining the justification for the policy on inter-species embryos, noted "a feeling that this would be a step too far as far as the public are concerned". (Q 244) The Lawyers' Christian Fellowship told us that their concerns were "shared by our members … and the public at large" and that they "believe that a fully informed public would agree that this sort of research [into inter-species embryos] should be banned". (Ev52) Professor David Albert Jones, Professor of Bioethics at St Mary's University College, referred to "the public resistance to making human non-human hybrids". (Ev42)

15.  Few of these witnesses offered serious evidence for their claims. Mark Henderson, Science Editor of The Times said "I think you are absolutely right that there is no evidence for what the public thinks of this at all beyond the absence of a massive response and a massive postbag … which to me rather indicates indifference and perhaps a lack of really strongly held views. I accept that there are plenty of people who do have strongly held views but I do not think there is evidence either way." (Q 286)

16.  Sense About Science highlighted that the Government had justified its policy position on the basis of "public unease" or "disquiet" but argued that the Department of Health's consultation was not sufficient evidence to support such statements:

"In fact, the response to the Department of Health's consultation in 2005 does not support the distinction that the proposed legislation makes on human-animal chimera or hybrid embryos. As the Commons Science and Technology Committee commented in their recent Fifth Report, out of the 277 objections raised in that consultation, 227 were against human embryo research in general." (Ev71)[25]

17.  Some attempts, however, have been made to measure public opinion. The HFEA undertook a public consultation exercise in 2002 on whether sex selection of embryos for non-medical reasons should be permitted. This involved both qualitative research (conducted through discussion groups) and quantitative research (which focussed on issues arising from the qualitative research). This qualitative research surveyed a representative sample of the UK population (2,615 adults). By contrast, the public consultation that was also carried out drew 600 responses. (Ev12(a), Appendix B) Angela McNab, Chief Executive of the HFEA, told us it had "found that largely, very overwhelmingly, the public in this country were opposed to sex selection for non-medical reasons" and claimed that its policy on sex selection has public support on the basis of this public consultation. (Q 222 and Ev12, para 19)

18.  In 2002 the Medical Research Council commissioned a consultation on public attitudes to stem cell research, involving 12 focus groups run in eight English towns.[26] In July 2004 the Human Genetics Commission launched a public consultation paper Choosing the Future: genetics and reproductive decision-making and received 196 written responses.[27] Other studies include: a MORI poll conducted in 2005 on who should be involved in decisions about the embryo; a 2005 You Gov/Daily Telegraph Survey on Abortion, Euthanasia and Cloning; and the HFEA Report on Public Attitudes to Fertility Treatment, Embryo Research and the Regulation of this Work—Preliminary Findings from the UK 2005, based on the results of the 2005 MORI poll[28].

19.  Some witnesses did refer to this polling and consultation as an evidence base.[29] For example, Professor Colin Blakemore, Chief Executive Officer of the Medical Research Council (MRC), relied on 2003 MORI poll to "draw attention to the fact that from the latest opinion poll 70 per cent of the public are fully supportive of the use of human embryos; there has not been an outcry in the press—and this is perfect fodder for sensational coverage in the press and it has not happened very much." (Q 39)

20.  The Royal Society noted in evidence that "Parliament and the regulatory bodies will need to consider the balance between representative public engagement, and engagement with stakeholder and interest groups". It continued:

"The techniques used [for public engagement] must be methodologically rigorous, based on principles of effective public engagement, and any support material must be scientifically sound. Meeting these conditions will require a corresponding level of funding and allocation of time. Centrally commissioned and organised public engagement is advantageous, particularly where it is linked to a particular issue where policy is being developed. However, providing that it meets the conditions outlined above, engagement activities undertaken independently in other sectors (e.g. learned societies, civil society and academia) may also be taken into account." (Ev 59)[30]

21.  Whether or not these are adequate mechanisms for measuring public opinion is open to debate. Polling questions on complicated scientific issues can be over-simplified, particularly if they require a 'yes-no', or 'multiple choice' answer. The House of Lords Select Committee on the Assisted Dying for the Terminally Ill Bill considered this problem and noted that Parliament must "assess to what extent opinion research based on answers to questions placed with little surrounding context represents a sound basis for changing the law."[31] Responses to public consultations often come from those with strong views which may not be representative of those held by the general public. Those who reply to public consultations are by their nature self-selecting. Even if a majority view can be identified, we note the words of HLA Hart that "It seems fatally easy to believe that democratic principles entail acceptance of what may be termed moral populism: the view that the majority have a moral right to dictate how all should live".[32]

22.  We have heard some strongly held views during the course of our inquiry and recognise and respect that everyone is entitled to their opinion. However, we are concerned by the unsubstantiated claims made about public opinion and public support and by the lack of evidence provided. Where organisations claim to speak on behalf of the public, they should have a proper research basis to do so that is capable of scrutiny. The Government should take steps to increase its involvement with both qualitative and quantitative social science research to provide an underpinning to our understanding of public opinion in this field.

23.  Legislation in an area such as this needs a sufficient level of support from the public and this requires a corresponding understanding of public attitudes. We recommend that the Government should commission independent public policy research into general public opinion on issues arising from scientific and ethical developments in this field and the wider field of bioethics, either through the Research Councils, for example, the ESRC and AHRC, or other appropriate organisations.

Public education and public understanding

24.  Key to public opinion is public education and public understanding. In order to explore some of the issues around public education and public understanding, we heard evidence from a panel of journalists. Tom Feilden, Science and Environment Correspondent for the BBC Radio 4 Today Programme, told us that "talking to people, going out and interviewing people … is how you would get a feel for public acceptance of a particular idea or a particular avenue of research". (Q 283) In relation to public response to media coverage he said:

"the sort of response you get directly in terms of emails or letters … tend to be from the two extremes and that is possibly because it is a self-selecting process—you only get people who are particularly outraged or who are particularly happy who feel the need to respond … What the wider public are thinking is harder to get at." (Q 282)

25.  Fergus Walsh, the BBC Medical Correspondent told us of the challenges of public education: "We have to take very complex issues and explain it to a lay audience … if it is over complex then the audience will switch off—in my case literally—and you have to make that reporting engaging without being superficial". (Q 284) Additionally, Mark Henderson told us that "Our main job is to report the science and historically … stories like this always got subsumed by the ethical debate" but that "there has been much more maturity about that recently". (Q 292)

26.  We were impressed with some of their evidence and recognise the valuable role journalists play in promoting public understanding of the key issues in science, but it is not their duty to do so. We believe, however, that it is the duty of scientists, the academic community, the regulatory bodies and ultimately the Government. We note the House of Commons Science and Technology Committee Report on Scientific Advice, Risk and Evidence Based Policy Making which made detailed recommendations in this area.[33] We recommend that the Government and the regulator should take a more active approach to fulfilling their duty to improve and inform public understanding of the issues in this area.

Parliament's role

27.  Parliament's role in a representative democracy is to make a collective judgement about what the legislation should say, even though it may not have a clear understanding of public views. We hope in this Chapter to have highlighted the difficulties of effectively gauging public opinion and the need for a balanced approach to what information we do have on public opinion. Although we acknowledge that public opinion or, more accurately, perceptions of public opinion underpin many of the arguments in this field, our task is to produce a Report based on the evidence we have received.


25   House of Commons Science and Technology Committee, Fifth Report of Session 2006-07, HC 272-I Back

26   http://www.peoplescienceandpolicy.com/projects/national_stemcell.php Back

27   http://www.peoplescienceandpolicy.com/projects/genetics_reproductive.php Back

28   Q296, Ev71, para 3.2, http://www.yougov.com/archives/pdf/TEL050101042_1.pdf (Correct at time of publication), http://www.hfea.gov.uk/cps/rde/xbcr/SID-3F57D79B-D99BE804/hfea/2005-01-07_FINAL_European_Consortium_EACC_public_attitudes_to.pdf (Correct at time of publication) Back

29   Ev09. See also Ev71, para 3.2 Back

30   See also Q282 Back

31   Report of the Select Committee on the Assisted Dying for the Terminally Ill Bill, April 2005, HL 86-1 Back

32   H L A Hart, Law, Liberty and Morality, Oxford, Oxford University Press, 1963, page 79 Back

33   House of Commons Science and Technology Committee, Seventh Report of Session 2005-06, Scientific Advice, Risk and Evidence Based Policy Making, HC 90I Back


 
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