Shadow Health Minister Louise Jackson yesterday accused Premier Ewart Brown of a conflict of interest after the Brown-Darrell Clinic said it would encourage new stem cell legislation in Bermuda.

The clinic at Winterhaven, Smith's — a private partnership between the Premier, wife Wanda and California-based Stemedica — made the pledge on Wednesday night following comments from the British Foreign and Commonwealth Office in a letter to the Opposition United Bermuda Party.

It came after doctors in the UK and US, where stem cell use is heavily monitored, remarked on the Island's lack of stem cell regulations.

Yesterday, Mrs. Jackson said the Premier had a powerful influence on health policy, and she was concerned he could have a say in introducing legislation governing his own private interest.

She said in a statement: "The statement issued by the Brown-Darrell Clinic that they will encourage new stem cell legislation to regulate their operations raises serious concerns about conflict of interest and sincerity of purpose.

"Our concern about conflict of interest is with the Premier, who exerts a powerful influence on health policy, having a say in the formation of legislation governing his own private interests.

"The statement by the Brown-Darrell Clinic does not acknowledge this unavoidable conflict should Dr. Brown initiate such legislation.

"We are also concerned about the sincerity of the commitment to regulatory oversight. Brown-Darrell issued the statement only after the FCO acknowledged that Bermuda should first set up a regulatory framework before allowing the establishment of stem cell research and treatment facilities.

"The fact is that the United Bermuda Party, not Brown-Darrell nor the Government of Bermuda, pushed the need for regulatory oversight to the forefront of this issue. Indeed, the Health Minister Michael Scott has been missing in action from the discussion, as evidenced yesterday (Wednesday) by his Ministry's refusal to comment on the issue.

"We are concerned the Government does not have a position on this important matter. There is obviously no commitment from Government to putting in place a proper regulatory environment before the Brown-Darrell Clinic is in place.

"To reiterate, the United Bermuda Party took a strong position on this issue because we are concerned about patient protection and the reputation of Bermuda."

Breaking its silence on regulations in Bermuda yesterday, the Ministry of Health confirmed there was no legislation for the licensing of clinics except for clinical laboratories.

"Based on the information we have, the Brown-Darrell Clinic will not be a clinical laboratory," said the statement.

"They have no plans for any activity at that facility that would entail taking material from a body for information to use in treatment or diagnosis.

"They will be a medical practice, already legally authorised to treat patients in Bermuda. Therefore, as the Ministry looks to any medical practice, it will look to the licensed medical doctors of this facility to uphold the usual and customary standards."

The Ministry said the Bermuda Health Council, set up last year, is in the process of establishing a regulatory regime for professionals and health care businesses.

It said this process would lead to amendments to existing legislation or new legislation where deemed necessary following extensive consultation with the healthcare community and will result in recommendations to the Minister of Health.

The statement added: "As it relates to stem cell research or any other healthcare service, the Bermuda Health Council and the Ministry of Health will work hand in hand to ensure that the present regulatory framework and any upcoming amendments ensure the highest standards and greatest protection to the public of Bermuda."

In response to Mrs. Jackson's statement, the Ministry said: "If indeed the UK government had concerns about what prevails in Bermuda, I am certain that they would communicate them through the appropriate channels.

"There has been no comment from Government House on this matter and therefore any response received by the United Bermuda Party could not possibly represent the official view of the UK Government."

The Brown-Darrell Clinic did not respond to a request for a comment by press time last night, although it did issue a clarification of its earlier statement (see related story).