SOCIETY FOR ACADEMIC
FREEDOM AND SCHOLARSHIP (SAFS)
May 31, 2005
National Council on Ethics in Human Research (NCEHR)
Re: Consultation on Options Paper
240 Catherine Street, Suite 208
Ottawa, ON K2P 2G8
options@ncehr-cnerh.org
Dear Committee Members:
Re: RESEARCH ETHICS ACCREDITATION
We are a national organization dedicated to academic freedom
and scholarship (http://www.safs.ca). We
are writing in response to a call for comment entitled “Public Consultation Taking Place on Options for
Accrediting Programs to
Protect Human Subjects Involved in Research Studies,” as per a
letter
and documents dated April 15, 2005, available on-line at
http://www.ncehr-cnerh.org/english/task_force.php
We have
in the past expressed concerns about the expansion of
research ethics regulations, given the lack of demonstrated
effectiveness
for such regulations (cf. http://www.safs.ca/issuescases/e#6364E
and http://www.safs.ca/issuescases/e#6364E). As we have noted previously, changes in the
research ethics review system have greatly increased the burdens on
individual
researchers in the social sciences and humanities (SSH), in particular,
and on
local university administrations, with no documented benefit to
the
genuine protection of research participants.
We have examined the
accreditation proposal in an attempt to
determine whether it provides any means of objectively confirming that
there
will be an increase in subject safety as a result of additional
policies. In the end, however, we are again
disappointed. All the proposal provides is the promise that what can be
termed
“policy mechanics” will continue to expand without any bona fide
assessment
plan. That is, there is no discussion at
all as to what will be improved, and how
we will know it has been
improved, and by how much – what is the evidence that subjects will
be
safer as a result of an accreditation agency that is acknowledged
(e.g., pp.
18-19) to be an expensive extension of the research ethics enterprise?
In this
case the cost-benefit is not justifiable, given that the cost is
considerable
and the benefit unproven.
Therefore, with regard to
the three questions at the bottom
of p. 5, we would have to answer to the first (support accreditation),
“Definitely not without true assessment,” and to the third (further
attention)
we would have to answer “assessment”.
This lack of concrete assessment is strange given the
persistent use of terms that imply that the proposal would provide
benefits,
for example, on p. 7, line three, “accurately,” and in line 8,
“improvement,”
“achievement,” and “quality.” Then on p. 10, “enhance the protection,”
and on
p. 13 the five bullet points are valid only if there are data somewhere
to
elevate the improved benefits above the level of opinions.
There are other places in which claims are made that reflect
nothing more than assumptions not at all supported by actual data. In
particular, there is repeated use of the word “standards,” and the
expression
“best practices” (e.g., p. 2, Appendix A). If there is no hard evidence
on
these issues, it is impossible to claim that one knows what is “best,”
and thus
no sensible way to set “standards.” This is especially worrisome when
it is
noted (p. 8) that “Standards for accreditation generally set higher
goals than
regulations” – this seems to imply that accreditation will make even
greater
demands than the TCPS, but still will not require any evidence of their
effectiveness.
There is a notion with a long history in scientific
research, captured in the quotation from Huxley: “The
great tragedy of science -- the slaying of a beautiful hypothesis by an
ugly
fact." In a similar vein, Bertrand Russell once observed “Assumptions
have
all the advantages of theft over honest toil.” The point is that it is
easy to
generate a theory, or policy, but hard to develop one that actually
works. The
research ethics industry has for 30 years avoided confronting the ugly
fact
that their policies may not be effective by substituting opinions for
evidence.
Unless there is something missing or we have overlooked something here,
it
appears that accreditation will continue along that gratuitous path.
If this proposal were submitted to
a peer-review journal, editors would promptly ask “How do you know?”
and the
only acceptable answer would be “The data demonstrate it to be true.”
Researchers know this, but policy makers consciously or unconsciously
avoid
this aspect of reality contact. It appears
that we are to have yet more policies with accreditation, based on the
“That
sounds like a good idea” defense alone. The expectation that whatever
money is
required will be forthcoming (pp. 18-19) without evidence of actual
benefits
would normally seem delusional, but not given the 30-year precedent of
funding
policies without evidence.
There are more points that could be made, but we will stop
with just the following few observations. In Appendix A, (p. 6), three
review
categories short of full review are noted: proportionality, expedited,
and
exempt. These categories are
infrequently appropriate in medical research, whereas they are clearly
the norm
in SSH research. Although these categories of review exist in
principle, in
practice they are often ignored in favor of full review by local
reviewers.
This is in fact unethical itself, but it inevitably follows
because the regulators insist on the same paper trail (top p. 6,
Appendix A)
for all research. Accreditation will in all probability provide further
impetus
for continuing this cookie-cutter approach of recent years,
particularly in
view of the plan that “Standards for accreditation generally set higher
goals
than regulations” (p. 8) – this can easily be read to mean full review
for
everything. This is part of a general pattern of treating SSH research
like
medical research, because ignoring these three reasonable low-risk
categories
presents a different problem for medical research compared to SSH
research.
When local REBs ignore these options in favor of full review, it
affects
medical researchers hardly at all given that most of those projects
have some
credible risk and thus warrant full review, whereas the additional
unnecessary
burden affects the vast majority of reviews of SSH research.
We have been concerned for some time that medical research,
specifically clinical trials, is used as the model for all research,
and this
accreditation proposal appears destined to continue this
one-size-fits-all
approach. Not only are there demonstrable differences in the proportion
of
low-risk research in medical versus SSH projects, there are other
differences.
For example, the notion of “Good clinical practices” (Appendix A, p. 2,
and
elsewhere) derives from medical research and has no meaning in SSH
research.
Subjects may be indeed be patients in medical research, but the
subjects in SSH
research are not patients, and thus policies developed for patients are
not
appropriate for SSH research. There is nothing in these documents to
indicate
that the “standards” developed will not further ingrain the
one-size-fits-all
approach that leads local REBs dealing with SSH research to further
distort the
review process and criteria.
Finally, in Appendix A, p. 6, Element 4.2 – research ethics
boards have no mandate to evaluate the scientific or scholarly merit of
research proposals, nor does an accreditation agency. Such judgments of
scientific merit being the domain of the grant review panels and
journal
editors.
In sum, the present proposal continues to ignore the need
for evidence of the effectiveness of the REB procedures, and continues
to treat
all areas of scholarship the same. Without dealing with these two
issues “best
practices” is a meaningless concept. Everything considered, we find no
reason
to believe that an accreditation agency will add any benefit to subject
safety.
We have no doubt, however, that it will add considerable additional
expense to
an enterprise that even now is unable to justify the expense outside of
medical
research. This proposal should be abandoned at the earliest
opportunity.
Sincerely,
John Mueller
Stephen Lupker
Members of the Board of Directors, SAFS
www.safs.ca