"Following concerns generated by the debate on fetal awareness and, particularly, the controversy around whether the fetus could feel pain, the RCOG published, in October 1997, a working party report. A guiding principle in that report was concern that the fetus should be protected from any potentially harmful or painful procedure but, at the same time, the assessment of the capacity to be harmed should be based on established scientific evidence. A major and important conclusion of the report was that the human fetus did not have the necessary structural integration of the nervous system to experience awareness or pain before 26 weeks of gestation. In addition, the report recommended that those carrying out diagnostic or therapeutic procedures on the fetus in utero at or after 24 weeks should consider the need for fetal analgesia. This guidance was welcomed by the clinical and scientific communities, although, in recent years, the report has from time to time come under criticism in some quarters for being out of date and perhaps not having assessed all the known scientific evidence. This criticism has been most evident in discussing the age of viability (at present taken as 24 weeks of gestation in the UK) and the upper gestational limit in the context of induced abortion. The House of Commons Science and Technology Committee, in its report on Scientific Developments Relating to the Abortion Act 1967 (published in October 2007), made a number of important conclusions and recommendations, including some of direct relevance to this issue: ‘We conclude that, while the evidence suggests that foetuses have physiological reactions to noxious stimuli, it does not indicate that pain is consciously felt, especially not below the current upper gestational limit of abortion. We further conclude that these factors may be relevant to clinical practice but do not appear to be relevant to the question of abortion’. A minority report, however, recorded in the minutes of the Committee on 29 October 2007 said, ‘We are deeply concerned that the RCOG failed to give full information to the House of Commons Select Committee...since 1997 the RCOG has consistently denied that foetuses can feel pain earlier than 26 weeks, without acknowledging that amongst experts in this field there is no consensus. Professor Anand is a world authority in the management of neonatal pain and has put forward a cogent argument suggesting that the RCOG position is based on a number of false or uncertain presuppositions’. In the Government response to the House of Commons report (released November 2007) the Minister of State for Health welcomed the report and its conclusions and recommendations but importantly also indicated that ‘we note the Committee’s findings and are in agreement that the consensus of scientific evidence with regard to fetal pain at gestations below 26 weeks and we will be commissioning the College to review their 1997 working party report into fetal pain which will re-examine the latest evidence, much of which has been considered by the Committee, and any new research currently underway’."