Emerging Biotechnologies: Technology, Choice and the Public Good 1VCMJTIFECZ Nuf Eld Council on Bioethics 28 Bedford Square London WC1B 3JS
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Emerging biotechnologies: technology, choice and the public good 1VCMJTIFECZ Nuf eld Council on Bioethics 28 Bedford Square London WC1B 3JS 5FMFQIPOF &NBJM CJPFUIJDT!OVG FMECJPFUIJDTPSH 8FCTJUF IUUQXXXOVG ECJPFUIJDTPSH *4#/ %FDFNCFS To order a printed copy, please contact the Nuf eld Council on Bioethics or visit the website. bQFSSFQPSU XIFSFTPME %FWFMPQJOHDPVOUSJFT'SFF ª FME$PVODJMPO#JPFUIJDT "MMSJHIUTSFTFSWFE"QBSUGSPNGBJSEFBMJOHGPSUIFQVSQPTFPGQSJWBUFTUVEZ SFTFBSDI DSJUJDJTNPSSFWJFX OPQBSUPGUIFQVCMJDBUJPONBZCFQSPEVDFE TUPSFEJOBSFUSJFWBMTZTUFNPSUSBOTNJUUFEJOBOZGPSN PSCZBOZNFBOT XJUIPVUQSJPSQFSNJTTJPOPGUIFDPQZSJHIUPXOFST 8FCSFGFSFODFTUISPVHIPVUUIJTSFQPSUXFSFBDDFTTFE%FDFNCFS 1SJOUFEJOUIF6,CZ &41$PMPVS-UE &MHJO%SJWF 4XJOEPO 8JMUTIJSF 4/96 http://www.espcolour.co.uk 1SJOUFEVTJOHWFHFUBCMFCBTFEJOLTPO'4$¥ Emerging biotechnologies: technology, choice and the public good Nuffield Council on Bioethics Professor Jonathan Montgomery (Chair) Professor Thomas Baldwin* Dr Amanda Burls Professor Robin Gill Professor Sian Harding Professor Ray Hill Dr Rhona Knight** Professor Graeme Laurie Dr Tim Lewens Professor Ottoline Leyser (Deputy Chair) Professor Anneke Lucassen Professor Michael Moran*** Professor Alison Murdoch Professor Bronwyn Parry Professor Nikolas Rose Dr Geoff Watts Professor Jonathan Wolff * co-opted member of the Council while chairing the Working Party on Novel neurotechnologies: intervening in the brain. ** co-opted member of the Council while chairing the Working Party on Donor conception: ethical aspects of information disclosure. *** co-opted member of the Council while chairing the Working Party on Emerging biotechnologies: technology, choice and the public good. iii Secretariat Hugh Whittall (Director) Tom Finnegan Dr Peter Mills Kate Harvey Katharine Wright Rosie Beauchamp Emily Postan Carol Perkins Catherine Joynson Ranveig Svenning Berg Sarah Walker-Robson Johanna White The terms of reference of the Council are: 1. to identify and define ethical questions raised by recent advances in biological and medical research in order to respond to, and to anticipate, public concern; 2. to make arrangements for examining and reporting on such questions with a view to promoting public understanding and discussion; this may lead, where needed, to the formulation of new guidelines by the appropriate regulatory or other body; 3. in the light of the outcome of its work, to publish reports; and to make representations, as the Council may judge appropriate. The Nuffield Council on Bioethics is funded jointly by the Medical Research Council, the Nuffield Foundation, and the Wellcome Trust iv Acknowledgments The Council wishes to extend its thanks to the members of the Working Party for their time, hard work, expertise and contributions to the report. In addition, the Council would like to thank those who attended the various fact-finding meetings held by the Working Party and all those who responded to the consultation. Particular thanks should be extended to those who agreed to act as external reviewers for an earlier draft of the report, who provided so much insightful guidance and commentary. Further detail on these processes – and people – can be found in the Appendices. The Working Party commissioned two illuminating reports concerning important elements of the project: an explanation of the significance of the concept of ‘emergence’ in the UK patent system, and a review of what information could be obtained about the sources of funding for the research and development of biotechnologies. For these two reports we would like to thank, respectively, Dr Siva Thambisetty of the Department of Law, London School of Economics and Political Science and Dr Michael Hopkins of SPRU (Science and Technology Policy Research), University of Sussex. Finally, we wish to thank Kate Harvey of the Nuffield Council on Bioethics Secretariat for her work in helping to complete the production of the report. v Foreword 1 The use of living organisms, biological components and biological processes to create useful products has applications in almost every field of human activity that is important to our wellbeing and way of life, including medicine, industry and agriculture. The Nuffield Council on Bioethics first began to look at examples of these technologies in 2009, taking as its focus the fields of synthetic biology and nanotechnology. The Council quickly became convinced that these and other examples of emerging biotechnologies raised similar or related ethical issues that could profitably be considered together. 2 When we began to look at the field of emerging biotechnologies, however, their sheer breadth became apparent and their differences perhaps more important than their similarities. The only cross-cutting issue common to all emerging biotechnologies is indeed that they are ‘emerging’. Therefore we have focused precisely on this process of emergence, and on the conditions that shape it. We are concerned, above all, with how reflection on decisions concerning biotechnology innovation can produce outcomes better aligned with the public good. 3 Our report is offered in this spirit of reflection. It does not offer a template of particular recommendations, but a set of principles by which our society may better think about, and discuss, the making of biotechnology choices. 4 On a personal note I would like to offer my thanks to the Members of the Working Party for their hard work and creativity over 11 meetings in 18 months. I am sure that members of the Working Party will also want me publicly to thank the members of the Council, especially the subgroup of Members who provided valuable feedback and guidance on successive drafts. A huge debt is owed also to members of the Secretariat who have borne the brunt of the work involved in preparing the report. Special thanks are due to two members of the Secretariat, Peter Mills and Tom Finnegan, for their unfailing patience, hard work beyond the call of duty and creative intellectual engagement with the complex issues discussed in these pages. Michael Moran, December 2012 vii Members of the Working Party Professor Michael Moran (Chair) Professor Emeritus of Government, University of Manchester Dr Jane Calvert Reader in Science, Technology and Innovation Studies, ESRC Innogen Centre, University of Edinburgh Mr Trevor Cook Partner, Bird & Bird LLP Professor David Edgerton Hans Rausing Professor and founding director of the Centre for the History of Science, Technology and Medicine, Imperial College London Professor Ray Hill Head of Licensing and External Research for Europe, Merck, Sharp and Dohme until his retirement in May 2008; Visiting Professor, Imperial College London, Bristol, Surrey and Strathclyde Universities; President Emeritus of the British Pharmacological Society Professor Søren Holm Professor of Bioethics, University of Manchester; part-time Professor of Medical Ethics, University of Oslo, Norway Professor Richard A.L. Jones Pro-Vice-Chancellor for Research and Innovation, University of Sheffield Professor Eli Keshavarz-Moore Professor of Bioprocess Science and Enterprise, University College London Professor Noel Sharkey Professor of Artificial Intelligence and Robotics and Professor of Public Engagement, University of Sheffield Professor Andrew Stirling Professor of Science and Technology Policy and Research Director, SPRU (Science and Technology Policy Research), University of Sussex Professor Patrick Sturgis Professor of Research Methodology, University of Southampton; Director, ESRC National Centre for Research Methods Professor Andrew Tylecote Emeritus Professor of the Economics and Management of Technological Change, University of Sheffield ix Terms of reference 1. To examine common social, ethical and legal issues raised by emerging biotechnologies, in particular the implications for policy, governance and public engagement. 2. To explore issues of benefits, harms, risk, precaution, uncertainty, public perception and intellectual property related to emerging biotechnologies. 3. To consider the above areas in light of the historical and social context in which biotechnologies have in the past developed and been received and managed. 4. To draft a report and make recommendations on research, policy, governance and public engagement. xi Table of Contents Nuffield Council on Bioethics ...................................................................................... iii Acknowledgments ....................................................................................................... v Foreword .................................................................................................................... vii Members of the Working Party ................................................................................... ix Terms of reference ..................................................................................................... xi Summary ................................................................................................................. xvii Introduction: a guide for the reader ............................................................................. 1 Part 1 ..................................................................................................... 5 Chapter 1 - The biotechnology wager .......................................................... 8 The biotechnology wager ............................................................................................ 8 Emerging .................................................................................................................