Regulation
Law no. 14/90 of the 9th of June,
with the amendments introduced by Decree-Law no. 193/99 of the 7th of June and Law no. 9/2003 of the 13th of May
National Council of Ethics for the Life Sciences
[Conselho Nacional de Ética para as Ciências da Vida]
The National Parliament [Assembleia da República], in accordance with the provisions of Article 164, sub-paragraph d), and Article 169, paragraph 3, of the Portuguese Constitution, decrees the following:
Article 1
The National Council of Ethics for the Life Sciences, hereinafter referred to in short as the Council, is an independent organ that is to function adjunct to the Prime Minister’s Office [Presidência do Conselho de Ministros].
Article 2
Sphere of Competence
1 - It shall be incumbent on the Council to:
a) Analyse systematically the moral problems which arise out of scientific progress in the fields of biology, medicine or general health care;
b) Produce Opinions concerning the problems referred to in the preceding subparagraph, when such opinions are requested of it, as laid down in Article 7 below;
c) Submit annually to the Prime Minister a report on the state of applicability of the new technologies to human life and on the ethical and social implications thereof, formulating the recommendations it finds appropriate.
2 - The Council may delegate, in whole or in part, the several incumbencies referred to in the preceding paragraph to the Coordination Committee provided for in Article 5.
Article 3
Composition
1 - Besides the President, who is to be appointed by the Prime Minister, the Council shall be constituted by the following members:
a) Six personalities of recognised merit from the fields of the human and social sciences who have evidenced a special interest in ethical problems; (Law no. 9/2003 of the 13th of May)
b) Six personalities of recognised merit from fields of medicine or biology involving ethical implications; (Law no. 9/2003 of the 13th of May)
c) Six personalities of recognised technical quality and good moral standing, bearing in mind the leading ethical and religious currents.
d) Two personalities of recognised merit from fields relating to the problems of Bioethics.
2 - The personalities mentioned in subparagraph 1.a) above are to be appointed by the following entities: (Law no. 9/2003 of the 13th of May)
a) The Minister in charge of science and higher education;
b) The Minister in charge of justice;
c) The Minister in charge of education;
d) The Minister in charge of youth affairs;
e) The Bar Association [Ordem dos Advogados];
f) The Committee for Equality and Women's Rights [Comissão para a Igualdade e para os Direitos das Mulheres].
3 - The personalities mentioned in subparagraph 1.b) above are to be appointed by the following entities: (Law no. 9/2003 of the 13th of May)
a) The Minister in charge of public health;
b) The Medical Association [Ordem dos Médicos];
c) The Association of Biologists [Ordem dos Biólogos];
d) The Lisbon Academy of Science [Academia das Ciências de Lisboa];
e) The Science and Technology Foundation [Fundação para a Ciência e a Tecnologia];
f) The National Council of Forensic Medicine [Conselho Nacional de Medicina Legal].
4 - The personalities mentioned in subparagraph 1.c) above are to be appointed in proportional system by the National Parliament.
5 - The personalities mentioned in subparagraph 1.d) above are to be appointed by the following entities: (Law no. 9/2003 of the 13th of May)
a) The Minister in charge of the Prime Minister's Office, following a proposal by national-level organisations representative of activities connected with bioethics;
b) The Council of Deans of Portuguese Universities.
Article 4
Term of Office
1 - The tenure of Council members shall be independent of the entities that appoint them, and its duration shall be five years. (Law no. 9/2003 of the 13th of May)
2 - Tenure shall begin as from the oath sworn before the Prime Minister.
3 - Until the appointment of new members by the entities set out in Article 3, those members previously appointed shall remain in office.
Article 5
Coordination Committee
1 - The Council shall elect among its members a Coordination Committee, which is to be executive in nature and permanent in character.
2 - The Coordination Committee shall be constituted by three such personalities as referred in subparagraph 1 c) of Article 3 and by three members from each of the groups referred in subparagraphs 1 a) and b) of that same Article.
3 - The Council President shall preside over the Coordination Committee.
Article 6
Sphere of Competence
It shall be incumbent upon the Coordination Committee, specifically:
a) To produce Opinions within the scope of the general guidelines defined by the Council;
b) To carry out the incumbencies delegated to it as laid down in Article 2, paragraph 2.
Article 7
Requests for Opinions
The following may request opinions from the Council:
a) The President of the Republic [Presidente da República];
b) National Parliament, on the initiative of either its President or one-twentieth of the representatives [deputados] in active duty;
c) Members of the Government;
d) Other entities who have the right to appoint Council members;
e) Public or private institutions wherein are practised techniques with ethical implications in the fields of biology, medicine or health care.
Article 8
Internal Rules and Regulations
The Council shall lay down in a set of internal regulations [by-laws] its own working discipline and the conditions that attend publicity of its opinions.
Article 9
Administrative Support
1 - The running expenses of the Council shall be covered by a budget appropriation attributed to the Prime Minister’s Office.
2 - The administrative support indispensable to the running of the Council, as well as its installations, shall also be assured by the Prime Minister’s Office.
3 - The Council is to have the support of an Executive Secretary, freely appointed and exonerated by its President, with remuneration on a par with that earned by personal secretaries attached to ministerial offices, whose functions will be secretarial duties at Council meetings and the preparation of the Acts of such meetings, as well as carrying out other administrative tasks committed to him or her. (Decree-Law no. 193/99 of the 7th of June)
Article 10
Attendance Vouchers, Expense Allowances and Transportation Requisitions
Council members shall be entitled to attendance vouchers [senhas de presença], of an amount to be defined by joint order of the Prime-Minister and the Minister of Finance, for each meeting in which they participate, and be entitled as well to expense allowances [ajudas de custo] and to transportation requisitions [requisições de transportes], in accordance with the provisions of general law. (Joint Order no. 549/99, dated 99.07.09)
Article 11
Conference
The Council, for the purposes of preparing and raising the awareness of public opinion concerning the ethical problems in the field of the life sciences, may promote the holding of periodic conferences on, and make public presentations of the most important issues brought under its analysis.
Article 12
Documentation Centre
A documentation centre shall be created to serve as support for the work of the Council, without prejudice of the duty to collaborate of the National Parliament Library [Biblioteca da Assembleia da República] and of documental support by public services.
Article 13
Right of Hearing
The Council may hear any persons it considers necessary in order to produce its Opinions.
Article 14
Annual Report
The Council shall elaborate a report of its activities at the end of each civil year, which shall be submitted to the President of the Republic, to the President of the National Parliament and to the Prime Minister.
Approved on the 30th of January 1990.
The President of the National Parliament, Vítor Pereira Crespo.
Enacted on the 24th of May 1990.
Let it be published.
The President of the Republic, Mário Soares.