Medical Law International
SOCIAL INCLUSIVITY VS ANALYTICAL ACUITY?
A QUALITATIVE STUDY OF UK RESEARCHERS REGARDING THE INCLUSION OF MINORITY ETHNIC GROUPS IN BIOBANKS

ANDREW SMART
Bath Spa University

RICHARD TUTTON
Lancaster University

RICHARD ASHCROFT
Queen Mary, University of London

PAUL MARTIN, ANDREW BALMER, RICHARD ELLIOT
University of Nottingham

GEORGE T.H. ELLISON
St George’s, University of London

B ‘INCLUSION AND DIFFERENCE’ IN THE USA AND UK

   The sociologist Steve Epstein has recently described how the ‘inclusion and difference paradigm’ weaves together ‘two ostensibly different areas of scientific and government concern—the status of socially subordinated groups, and the meaning of biological difference’ (2004b: 8). Epstein (2007) documents how campaigners acting on behalf of ‘groups’ such as women and ethnic minorities (as well as children and the elderly) have lobbied for changes to the conduct and governance of biomedical research in the US. Advocates from these diverse constituencies coalesced around the claim that ‘the white male’ had become the normative ‘standard’ for biomedical research participants. They argued that the consequent exclusion of other ‘populations’ was predicated on the potentially false assumption that the results of studies undertaken on white men could be extrapolated to all human beings. They claimed that women, children, the elderly and individuals from different ethnic groups could differ both socially and biologically in ways that mattered for medical research and treatment.
   Amidst debates about the veracity and legitimacy of these claims, new governance regimes were implemented in the US in an attempt to ensure that the practices and outputs of publicly-funded science are equal and fair (Epstein, 2007). Thus, s 492B of the Public Health Service Act (added in 1993) mandates that ‘members of minority groups’ should be ‘included as subjects’ in clinical research, and that trials should be designed and carried out to explore if ‘minority groups’ are affected ‘differently than other subjects in the trial’. Epstein argues that a consequence of these developments has been what he calls a ‘categorical alignment’: ‘the categories of identity politics, the biological categories of biomedical research, and the social classifications of state bureaucrats [have become] one and the same system of categorization’ (Epstein 2007: 91). For example, the Office of Management and Budget’s (OMB) classification of ‘race’ and ethnicity ‘provided the basis for the coding scheme used by the National Institutes of Health in determining compliance’ with the legislation regarding the inclusion of ‘minority groups’ in NIHfunded research (Epstein, 2004a: 196). Thus, although the OMB has explicitly acknowledged that the categories used by this classification are ‘social-political constructs’ (Office of Management and Budget, 1997), they have nonetheless become integral to biomedical science (Friedman et al., 2000; Stevens, 2003). Indeed, there is concern that genetic and biomedical research which uses ‘racial’ and/or ethnic group categories could revive the discredited yet resilient idea that such groups have innate, essential and immutable characteristics. This includes not only research using traditional ‘racial’ group categories, but also research using ethnic group categories which are sometimes classified using ‘racial’ criteria (such as skin colour), ‘racial’ categories (such as continental groupings) or ‘racial’ labels (such as ‘Caucasian’). The fear is that such research could thereby reinvigorate ‘racial science’ (the study of biological differences between social groups as if these are innate and genetic in origin) and ‘scientific racism’ (the use of ‘racial science’ to explain and justify inequalities among social groups) (Brawley, 1995 cited in Epstein, 2004a; Juengst, 1998; Ellison and Jones, 2002; Duster, 2005; Kahn, 2006; Epstein, 2007).
   Within the UK, some of the discourses associated with the US ‘inclusion and difference paradigm’ have recently become apparent. Currently, there is no UK equivalent to s 492B of the Public Health Service Act. However, under s 71 of the RRA (as amended in 2000), relevant public authorities (and private sector bodies performing functions on behalf of public authorities) have a general statutory duty to promote ‘race equality’. To facilitate implementation of this requirement, the UK Commission for Racial Equality (CRE, now part of the UK Equality and Human Rights Commission) established a Code of Practice (CRE, 2002). Mirroring the RRA, this includes: (1) a general duty requiring public bodies to eliminate unlawful discrimination on the grounds of ‘racial’ or ethnic or national origin, promote equality of opportunity, and engender good relations between people of different ‘racial’ groups; and (2) a specific duty (applied to some public bodies) to publish a ‘race equality scheme’ that identifies the arrangements made for meeting the general duty and the methods involved therein.
   In terms of the governance and conduct of biomedical research, a number of key institutional actors now operate under the auspices of the RRA. Appendix 1 of the Code of Practice lists most of the UK’s Research Councils as non-departmental public bodies (NDPBs). NDPBs are bound by the general duty (to eliminate unlawful ‘racial’ discrimination), but not by the specific duty (to produce a ‘race equality scheme’). Despite this, several of the UK Research Councils listed in Appendix 1 have produced ‘race equality’ schemes, including those most closely associated with biomedical research (the Medical Research Council, the Biotechnology and Biological Sciences Research Council, and the Economic and Social Research Council). While privately funded biomedical research charities are not bound by the Code, at least some—including, for example, the Wellcome Trust—adhere to similar internal codes regarding ‘race equality’.
   Elsewhere, the National Health Service (NHS) and certain NHS organisations (NHS Hospital Trusts, Primary Care Trusts and Strategic Health Authorities (SHA)) are bound by both of the general and the specific duties. All NHS organisations have implemented measures to identify concerns about ‘race equality’, and these are monitored through reporting mechanisms such as Annual Delivery Targets (Department of Health, 2006). The collection of data on the ethnicity of NHS patients has been mandatory within UK hospitals since 1995 (Gill and Johnson, 1995; Aspinall, 1995). Such data are routinely analysed to identify variation in the uptake of health services, ostensibly to assess any differences that might reflect unlawful discrimination.
   Despite these recent legal changes, information on the inclusion of participants from minority ethnic groups in UK-based biomedical research can be hard to find, as many investigators do not provide data on the ethnic background of study subjects when reporting their research findings (Ellison and Rosato, 2002; Hussain-Gambles, 2003; Heiat, Gross and Krumholz, 2002). However, several recent studies have uncovered evidence that minority ethnic groups have been underrepresented (Heiat, Gross and Krumholz, 2002; Mason, et al. 2003; Ranganathan and Bhopal, 2006; Bartlett, et al., 2005 cited in Mehta, 2006). Although the reasons for this are still being explored (e.g., Jolly, 2005), Mehta (2006: 668) has argued that:

Widening minority ethnic group access to, and representation across, UK biomedical and clinical research will… depend on a number of interdependent factors and processes. At the least it will require the development and delivery of a clear policy framework and its guidance, coupled with increased or better targeted resources. More accessible culturally and linguistically competent recruitment programmes are also needed. Establishing greater clarity about equality and diversity issues will be key to these developments. Among the most pressing issues is a need to: consistently and usefully define the UK’s different populations and subpopulations; identify the contexts in which ethnoor population-specific data [are] actually important; and ascertain the relative sample sizes necessary to draw meaningful conclusions.

   Traces of the ‘inclusion and difference paradigm’ can be clearly discerned in Mehta’s ‘equality and diversity issues’, which similarly span the domains of biomedical science policy and practice.
   These interconnected concerns about definition, relevance and veracity have been reflected in debates surrounding the flagship British biobanking project, UK Biobank. While Ranganathan and Bhopal (2006) underline the importance of UK Biobank recruiting volunteers from diverse ethnic backgrounds, Mehta and Saggar (2005: 207) warn that the project ‘may have limited value for minority [ethnic] groups’. Mehta and Saggar (2005) echo the recommendations of population geneticists Tate and Goldstein, who suggested that UK Biobank should intentionally over-sample participants from minority ethnic groups ‘to allow identification of gene-environment interactions specific to the minority groups’ (2004: S42). UK Biobank thus faced a difficult political and scientific choice. Its options included: oversampling from all minority ethnic groups; collecting equal samples of two or more ethnic groups; using a strictly ‘representative’ sample of participants from all ethnic groups in numbers proportionate to their numbers in the wider UK population; or excluding participants from all but one ethnic group. Eventually, UK Biobank decided to generate modestly boosted samples from a small number of selected minority ethnic groups as well as a larger core sample from the UK’s ‘majority’ ethnic population (Tutton, 2008). This compromise not only excluded some minority ethnic groups, but the samples it included from selected minority ethnic populations were still numerically smaller than that from the ‘majority’ ethnic population.
The remainder of this paper will show that such debates about the inclusion of minority ethnic groups in UK biobanks reflect a disjuncture in the ‘inclusion and difference paradigm’ which has important ethico-legal implications. Drawing on data collected in a wider project exploring the use of ‘race’ and/or ethnicity in contemporary UK-based genetics and biomedical research (Martin et al., 2007), the analysis presented here explores the views and experiences of researchers working at UK Biobanks that have been designed to explore the aetiology of common complex diseases. In particular, it focuses on evidence of the discordance between the twin imperatives of social inclusivity and analytical acuity that influence the perceived relevance of ethnicity as a sampling, descriptive and/or analytical variable.

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