(2 years ago)
Lords ChamberMy Lords, it is a privilege to open the Second Reading of the Genetic Technology (Precision Breeding) Bill. I declare my interests as a farmer.
Science, research and development are at the heart of igniting the United Kingdom’s economic recovery, boosting productivity, creating new jobs and improving people’s quality of life. The United Kingdom is a world leader in genetics and genomics. With this Bill, we are supporting scientists to harness the huge potential locked within the DNA of plants and animals and will make sure that plants and animals developed using precision breeding are regulated proportionately to risk. We will also introduce a new science-based authorisation process for the food and feed produced from them and ensure that appropriate safeguards are put in place to regulate precision-bred organisms.
I am proud to present the exciting and vital opportunity that the Bill offers farming and the environment. It will give farmers options for greener, more resilient and more productive farming in the face of climate change and global challenges to world markets. Precision breeding has the potential to develop plants and animals that are more resilient to weather and resistant to disease and less reliant on chemicals such as pesticides and antibiotics.
This year we have seen England endure one of the hottest summers on record, leading to drought declarations in many parts of the country. Farmers have faced lower yields, higher fertiliser costs and challenging conditions for animal welfare. We do not have time to hesitate when it comes to ensuring that the right varieties and breeds are available to farmers to help them face volatile markets and a changing climate.
I will give noble Lords an example of how the Bill could help increase food production from a crop on which 2.5 billion people are dependent. At the John Innes Centre in Norwich, leading researchers have used precision-breeding techniques to identify a key gene in wheat that can improve traits such as heat resilience while maintaining high yield. This development could help address issues of rising temperatures not only at home but abroad.
The genetic technology Bill will create a new proportionate regulatory environment that will encourage innovation to help us adapt to the impacts of climate change. Many would say that this is long overdue. It is not an overstatement to say that precision-breeding technologies such as gene editing have the potential to revolutionise farming. Science has moved on from where we were 30 years ago, and this should be reflected in our legislation so that we can harness the benefits of these technologies.
I know that some noble Lords may have concerns regarding the safety of precision breeding. On that front, I hope to provide reassurance. For thousands of years, we have been breeding crops and animals to domesticate them and select desirable characteristics. Using the potential of animal and plant DNA in breeding programmes has resulted in safe and trusted products. Precision breeding is the latest in this line of breeding techniques which utilise this same resource. Under the Bill, an organism will be considered precision-bred only if it could have occurred through traditional or natural processes. Therefore, precision breeding allows us to introduce beneficial characteristics that could have occurred through traditional breeding, but much more precisely and efficiently.
In putting forward the Bill, we are choosing to follow the science. The scientific advice from independent scientific experts and our expert Advisory Committee on Releases to the Environment, or ACRE as I shall refer to it, is that organisms produced through precision-breeding technologies pose no greater threat to the environment and health than their traditionally bred counterparts.
The Bill sets out four key policy objectives which would enable the proportionate and science-based regulation of precision-bred organisms, while still making provision for appropriate safeguards for precision-bred plants, animals and the food and feed derived from them. The first objective is to remove plants and animals produced through precision breeding from the regulatory requirements governing the environmental release and marketing of genetically modified organisms, also known as GMOs. The key difference between precision breeding and genetic modification is that genetic modification produces organisms containing genes from a sexually incompatible species that could not occur naturally or by traditional breeding. The current GMO legislation will continue to govern these organisms.
Secondly, the Bill will introduce two notification systems: one for precision-bred plants and animals used in research trials, and a second for the marketing of precision-bred plants and animals. The information collected from these notification systems will be available on a public register on GOV.UK, which I hope will give noble Lords confidence in the transparency that the Bill provides.
The third objective will be to establish a proportionate regulatory system for the marketing of precision-bred animals to ensure that animal welfare is safeguarded. I understand that some of your Lordships may have some concerns regarding the inclusion of animals in the Bill. The Government are committed to maintaining our already high standards in animal welfare. That is why we are planning to take a step-by-step approach, facilitating the commercial use of precision-breeding technologies in relation to plants first, followed by animals later. We will work closely with industry, animal welfare NGOs, scientific advisers and other stakeholders to design the next steps.
To ensure that animal health and welfare are safeguarded, under the Bill anyone wishing to place a precision-bred vertebrate animal on the market will have to submit an animal welfare declaration, which will be assessed by an animal welfare advisory body. These measures are designed to safeguard animal welfare and ensure that the health and welfare of relevant animals will not be adversely affected by any trait that results from precision breeding.
I hope noble Lords are reassured that the measures in the Bill will not only safeguard animal welfare standards but have the potential to improve them. For instance, in research by Imperial College London, the Pirbright Institute and the Roslin Institute, we have seen the potential to use gene editing to produce chickens that are resistant to avian influenza—a disease that noble Lords will know is currently having a devastating effect on wild birds and poultry farming in this country.
The final policy objective will be to enable the establishment of a new science-based pre-market authorisation process for food and feed products developed using precision-bred organisms. The Food Standards Agency will design a new framework that is more proportionate to the risk profile of precision-bred food and feed products. This authorisation process will build on five key principles: safety, transparency, proportionality, traceability and building consumer confidence.
The Bill has the potential not only to unlock benefits for the economy, as the size of the global market for technologies such as gene editing is predicted to rise to over £7 billion by 2026, but to unlock benefits for farming and to address the impacts of climate change and to reduce food waste. Tropic Biosciences is an example of the innovative, smaller bioscience research companies that the Bill will benefit. It has recently developed a non-browning banana using precision-breeding techniques. Given the fruit’s high perishability, this innovation has the potential to reduce waste, which helps both the environment and consumers. It is exciting to think that the Bill will support investment in both Britain’s leading research institutions and SMEs such as Tropic. As we move to align with our international partners and harness the benefits of these technologies, we are enabling the development of foods enjoyed at home and abroad.
I am looking forward to what I am sure will be an enlightening debate. I beg that the Bill be read a second time.
My Lords, I thank noble Lords for their insightful and engaging contributions to today’s debate. It undoubtedly shows this House at its best when it draws together scientists, former Ministers, farmers, leaders of the veterinary profession and many other insightful contributions on this very important legislation.
I broke a self-denying ordinance in my opening remarks when I said that we were going to follow the science. I always promised myself that I would never use those terms again, because after many years in the department in which I now serve, I have been given conflicting scientific advice on so many issues. Others who have been Ministers there will know that, if you are a layman, as I am, you can sometimes find scientific advice prayed in aid by polar opposites. I find a much more united scientific body of opinion in support of this legislation than on anything else I have done, which is why I broke my self-denying ordinance.
Others have spoken of scars on their backs. I really appreciate the insight given by the noble Lord, Lord Krebs, the noble Baroness, Lady Hayman, and others into how the arguments on this issue were in some ways traduced—that is perhaps not too strong a word—by others to create the impossibility of having rational debate. What we are trying to do here is bring this down to a proportionate measure, grasp the benefits of this technology and regulate out the disadvantages and malign effects. If we just concentrate on this and are too cautious, we will lose all the precious advantages that noble Lords have spoken about today with such eloquence.
It is clear to me that the exciting potential of precision breeding will of course ignite passions about how we should grow, buy and eat food, as well as about how we should care for our crops, the animals on our farms, biodiversity and the planet. This Bill complements the great work that Defra has been doing in these areas. I assure noble Lords that I know that precision breeding is not a silver bullet—the very words used by some—but it will be another tool in our toolkit as we adapt to climate change and a turbulent global environment.
Jonathan Swift seems to have come in for quotation, so I will give noble Lords another quote. He said:
“Proper words in proper places make the true definition of style.”
With this legislation, we are trying to use proper words in proper places. I am happy to debate this tonight—and, of course, in Committee and at other stages of the Bill—to make sure that we are getting that right. I understand that views may differ on some of the finer details of this legislation, but I will take this opportunity to reassure noble Lords on some of the concerns raised in this debate.
I start by paying tribute to my noble friend Lord Roborough for his excellent maiden speech. He brings to this House wide experience: that nexus of an understanding of agriculture, finance and natural capital can be incredibly powerful in our deliberations. What he said about climate change, echoing the point made by the noble Lord, Lord Cameron, and others, reminded me of an incredibly moving conversation that I had at COP with a Minister from the Maldives. She was talking about the salination of the atolls that make up that low-lying country. The point has been made about trying to create opportunities in countries where, for example, salination is becoming a problem, such as by making species of crops that can be resistant to that, thus giving us an opportunity to help some of the most vulnerable people in this world.
People like me sit at the foothills of understanding of this issue when people such as the noble Lord, Lord Winston, speak. That was brought home to me in an analogy from the chairman of the Food Standards Agency, which I, as a layman, found really helpful. What we are talking about here is a paragraph in a book. We are taking out one or two words from that paragraph and replacing them with other words from the same book. That is totally different from what we were being accused of 20 years ago: taking out the entire paragraph and putting in a paragraph from another book. I know that that probably does not stack up when it comes to exact scientific examples—the noble Lord, Lord Winston, is shaking his head, which makes me think that I got that one wrong—but the point is that we need to explain this and communicate it to a wider group of people; the noble Baroness, Lady Parminter, is absolutely right to try to do that. I will come later to some of the other points that the noble Lord, Lord Winston, made.
The noble Lord, Lord Krebs, made an incredibly powerful speech. He referred to Jane Langdale; I am going to see her when I visit her laboratory to really immerse myself in the details of this. I am grateful to the noble Lord for making that point, and the point about the consumer benefits that will undoubtedly flow from this.
My noble friend Lord Jopling gave an interesting historical perspective on this. He referred to a number of issues where there can be enormous benefits; I will come on to the animal welfare possibilities. His point about the nitrogen-fixing nodules on wheat—indeed, many of things he talked about—may not be within the exact confines of this legislation, but undoubtedly he spoke about there being great possibilities with the technology within the confines of the Bill.
The noble Baroness, Lady Jones, wants me to delay the Bill. I hope that she listens to the scientists she works with at Rothamsted; as my noble friend Lord Lilley pointed out, they are in favour of this Bill. We can kick this can down the road if we so wish, but we will miss out on an opportunity about which many noble Lords spoke so eloquently. However, like other noble Lords, the noble Baroness was absolutely right to point out that this should not be a substitute for bad husbandry. We should not create a pathway towards types of farming activity that we are moving away from. We have some of the highest animal welfare standards in the world; that is something that we should be proud of and where we should continue to push boundaries. I will come on to talk about that in a minute.
Many noble Lords spoke on issues which I will come to in a moment, but in response to the concerns of the noble Baroness, Lady Bennett, regarding allergens: no, that will not be the case. The Food Standards Agency has a very clear remit and success in protecting people from allergens. All the transparency issues relating to labelling which people may be concerned about will exist and the current food safety legislation will still apply regarding the chance of an allergen finding its way into a foodstuff. What I do agree with the noble Baroness about is an ecosystems approach to food production. This was echoed by my noble friend Lord Caithness. Britain has signed up to, and will be consistent with, the Cartagena protocol, which she may not be aware of. It underlies what we are talking about.
My noble friend Lord Lilley apologises for no longer being here. He spoke about the precautionary principle. I am fully signed up to this being front and centre in the Environment Act and many other areas. I am sad enough a person to have read the EU guidance on its use and implementation. Sometimes I must remind parts of Defra and its agencies what the precautionary principle is and what it is not. He is right to point it out. The analogy of the chicken was well made by the noble Baroness, Lady Hayman.
A number of noble Lords talked about polling and public opinion on this. Of course, it depends on the question that you ask. If you ask people a question in a way that makes them feel unsafe, they will give you a negative answer, but if you ask it in a positive way, perhaps reflecting some of the exciting possibilities in terms of vulnerable people around the world, Britain’s ability to grasp this technology and be a world leader, and all the other things, you get a different answer. I have been a politician long enough to respect that perceptions are reality in the game that we live within. We perhaps need to do more to get the message across.
I pay tribute to the noble Lord, Lord Cameron, the midwife of the Bill, and his appeal for the urgency of it. That is why kicking the can down the road is not an option. There is a requirement to tackle this now. The noble Lord, Lord Rooker, is a former Minister for whom I have great respect. I will talk about virus yellows in sugar beet as a possibility for this technology. Often, we have fearsome debates in this Chamber about derogations for the use of neonicotinoids on sugar beet. So far, we have not had to use them, but if we can breed out virus yellows and continue to produce sugar in this country, that is good for so many different reasons.
The noble Lord, Lord Winston, was one of several noble Lords to raise the concern about the use of the words “precision breeding”. As the changes that we are considering are similar to natural breeding, it is not misleading to use “breeding” within the definition of a qualifying plant or animal. Meanwhile, “precision” reflects the specific, targeted nature of changes which can be introduced by such technologies and which we are considering in the Bill. By not naming the products of such techniques after the technology used to produce them, we futureproof the Bill against developments in this area. For example, genome editing is currently the most popular technology that breeders are using to make the kinds of changes that we are considering in the Bill. However, this may change, so naming qualifying plants and animals “gene-edited organisms” or similar would not be appropriate.
Whether this is a move to GMO by stealth has also been raised. Precision breeding is different from genetic modification, where modern techniques are used to insert genes from one unrelated species to another, for a desired trait or beneficial outcome. Precision-bred plants and animals will have only genetic changes that could occur through traditional breeding.
I apologise for interrupting at this late stage of the debate, which has been really thoughtful and helpful.
The Minister might want to consider the difference between DNA that is naturally produced and is what the Bill is talking about and DNA that is produced in a gene sequencer, completely chemically. An issue here is that there is not really any difference at all. We must consider that very carefully.
Do not forget, too, in spite of your spelling, that if three base pairs are missing, for example, you end up with cystic fibrosis, which is a killer. One base pair will do with many diseases, so there is a real problem with these definitions. I hope the Minister will forgive me for interrupting; I do not expect an answer, but it is something we will need to consider during the next stage of the Bill.
I am not going to debate with the noble Lord, because he knows much more about this than me, and I know that I would sound even weaker if I just read out a line that has been written. But I value his contribution and I hope to tease out some of these matters as we go through the remaining stages of the Bill.
In response to a point made by the noble Lord, Lord Krebs—I hope I have got this right—in some cases, transgenic organisms will be used as an intermediate step in the development of precision-bred organisms. However, for the end product to be classed as a precision-bred organism, genomic features that could not have occurred naturally or resulted from traditional breeding must be removed from these organisms. For example, this would include removing CRISPR-Cas9 genes from gene-edited organisms.
DNA fragments from sexually incompatible species are naturally present in many organisms. This is in line with what could occur naturally—and I hope the noble Lord, Lord Winston, is on board on this. Therefore, we are allowing for foreign DNA to be present in precision-bred organisms only so long as this DNA does not serve any function and is within the range achievable through natural processes.
The noble Lord, Lord Krebs, also asked why companion animals are in the Bill, and a number of other noble Lords referred to this. Independent scientific experts advise that precision-bred organisms pose no greater risk to the environment or health than traditionally bred organisms. This applies to companion animals, as well as farmed animals. We are aware of precision breeding research that is already taking place on animals that could lead to positive welfare outcomes, such as increased disease resistance. Although there is less research taking place on companion animals, there is early research on the use of precision breeding—for example, in improving hip dysplasia in dogs. We do not want to restrict the potential benefits that can be achieved to improve the health and welfare of these species. That is why they are included in this Bill. I would say that that is not a priority, but it is definitely important that we future-proof the Bill.
We are not aware of the specific project to which my noble friend Lord Jopling referred and I would be interested to hear about it. A project that may be relevant was recently authorised by the Secretary of State for a field trial of GM and gene-edited barley. This is related to the concept about which my noble friend spoke. It is being undertaken by the Cambridge Crop Science Centre and is investigating the potential to increase yields by altering the interaction between the plant’s roots and the soil micro-organisms with which they are associated. We are not aware that any research group has yet succeeded in developing wheat plants in the laboratory that can fix nitrogen like legumes can.
I agree with the noble Lord, Lord Trees, that disease is a welfare issue. I cannot put it better than he did. The Government are committed to maintaining our already high standards in animal welfare, and we want to improve and build on that record. I assure noble Lords that this Bill will not lower the standards set by current legislation. He refers to zoonotic diseases and there is a human health element to this. This Government are very much signed up to the “one health” concept, so there is a wider benefit from this.
I will address the questions about why we are including provisions for animals in this Bill. Precision-breeding technologies such as gene editing have the potential to improve the health and welfare of animals, and improve the sustainability and resilience of farming systems. Such technologies can enable new traits to be developed more precisely and more efficiently than traditional breeding. The noble Lord, Lord Winston, made a really interesting point about genetic diversity. I cannot remember what percentage it is, but many of our dairy cows are descended from a very small number of bulls. It could be that in the future, because of recent trends, something occurs that endangers the health of many of them—I am not saying the whole dairy herd—because of their genetic uniformity. We want to be able to correct circumstances such as those as quickly as possible, and this legislation should allow us to de-risk that situation.
Research in farmed animals is already leading to the development of animals that have increased resistance against some devastating diseases. A number of noble Lords have spoken about the great organisations we have in this country: for example, the Roslin Institute and others such as Genus have developed gene-edited pigs with resistance to porcine reproductive and respiratory syndrome, or PRRS. It is a disease that causes mortality and major welfare issues in pig populations globally. This has been referred to by a number of noble Lords.
Whilst there is great potential for increasing innovation, we recognise that there is a need to safeguard animal welfare in the new regulatory framework. That is why, as I have already said, we are taking a step-by-step approach, facilitating use of precision-breeding technologies in relation to plants first followed by animals later. The measures in the Bill are designed to ensure that the health and welfare of relevant animals will not be adversely affected by any trait that results from precision breeding. To provide some further reassurance, I would also like to take this opportunity to expand on what the system for protecting animal welfare will look like. I am mindful of the time, but I will be as brief as I can.
Before marketing a precision-bred vertebrate animal, developers will need to provide assurances to confirm that the health and welfare of the animal will not be adversely affected by any trait resulting from precision breeding. This will be in the form of an animal welfare declaration and accompanying evidence. The Secretary of State will need to be satisfied with the declaration before issuing a precision-bred animal marketing authorisation, after which point a precision-bred animal can be marketed. This process will also involve an independent scientific assessment of the declaration by a welfare advisory body. We have also commissioned a research project to help us design the animal welfare declaration process and will work closely with a wide range of stakeholders as this work progresses.
I hope my words, the ongoing research project and engagement on these issues will provide noble Lords with some assurance that we fully acknowledge the importance of animal welfare, and we will continue to protect the high standards that we are proud to uphold.
I turn to labelling and the issues raised by the noble Lord, Lord Rooker, and others. The Bill will provide the Food Standards Agency with the ability, through regulations to be made by the Secretary of State, to introduce a new proportionate and science-based food and feed authorisation process. This will include a pre-market risk assessment for food and feed products developed using precision-bred organisms. The FSA’s role is not being diminished but enhanced—we could not be doing this without it—and it has produced some really interesting work in support of what we are doing.
I will address the points on traceability made by the noble Lord, Lord Rooker, and others. To ensure transparency, there will also be a public register of authorised precision-bred organisms for food and feed uses. This will provide consumers, industry and enforcement authorities with information on the precision-bred organism authorisation date, product, developer, characteristics, and food or feed uses. This will give clarity on food business operators involved in the supply of precision-bred organism food and feed products and enable traceability back to source.
A number of noble Lords have raised concerns about the delegated powers. Let me assure them that this is not a skeleton Bill. The powers supplement the principal policy measures which are set out on the face of the Bill and are quite specific and technical in how they are intended to be used. Your Lordships will know that delegated powers serve a valuable purpose, and it is always important to assess them in context. Simply counting up the number of powers in a given Bill is not necessarily meaningful. There are Henry VIII powers, which I know that your Lordships are quite rightly keen to scrutinise. They exist in Clause1(8), Clause 10(2) and Clause 42(1). I am sure that we will discuss those if noble Lords give this Bill the boost that it needs to get into Committee. I will hopefully be able to satisfy your Lordships about the need for them and the proportionality with which they have been put in the Bill.
I am coming to the end of my remarks, but I must address the points made by the noble Baroness, Lady Parminter, the noble Earls, Lord Caithness and Lord Devon, and the noble Lord, Lord Carrington, about trade. They quite rightly want to ensure that trade will not be negatively affected by this Bill. The international regulatory regime for precision-bred products is rapidly evolving. Many countries, as has already been said, have already amended their equivalent regulations, including the United States, Canada, Japan, and Argentina. Our proposed approach would help facilitate greater trade with those countries that have already adopted a similar approach to the regulation of precision-bred organisms.
With regard to the EU, this summer it conducted a consultation on legislation for plants produced by certain new genomic techniques, which is the term it uses for techniques such as gene editing. Some 80% of the respondents agreed that the existing GMO legislation was not adequate for plants, and more than 65% mentioned negative consequences if the regulations were not amended. These consequences included the loss of tools to tackle climate change, to develop more resilient crop varieties and to reduce the use of phytosanitary products. In response to the point made by my noble friend Lord Lansley, we will continue to monitor the position of the EU on precision-bred products and on UK/EU trade implications for products developed using precision breeding.
As things stand, the noble Baroness, Lady Parminter, is absolutely right. If we pass this Bill, some material produced through precision breeding and sold into Europe would be treated as a GMO there, but they are moving fast and we want to make sure that we are too. The global market value for gene editing is estimated at £2.7 billion in 2020 and expected to rise to more than £7 billion by 2026. I therefore ask noble Lords to consider the impacts and missed opportunity that would be caused by not supporting this important transition and the scientific basis for it.
Concerns have been raised about the impact assessment. I reassure noble Lords that this red rating is not a reflection on the quality or the ambition of the Bill. The Government are committed to proportionate, science-based regulations and have carefully considered all views and evidence in establishing our approach. The main criticism of the RPC is that the description of the policy differed between the initial review notice and the final submission. It felt that the impact assessment had not adequately accounted for the potential impacts arising from this policy change.
We are clear that at no point has the policy changed. The final submission had small changes in terminology such as changing the title of the Bill from “gene editing” to “precision breeding”. In our engagement and evidence-gathering, researchers and developers were made aware of the policy intention, and that the name had not been finalised, and so our expectation is that the change of the name to precision breeding will be of no impact on researchers or developers.
In response to the RPC’s comments, work is under way to gather further evidence from stakeholders and additional consumer insight data to provide more detail on the impacts to businesses and to bolster the cost-benefit analysis. We are also seeking to provide information to give more clarity on the policy intention, the Bill’s objectives and the options appraisal. Defra is working closely with the RPC and will submit an enactment impact assessment which will address its comments, and this will reflect any amendments made to the Bill as it progresses through Parliament.
On the point made by the noble Baroness, Lady Jones, about pausing the Bill, the policy has not changed. His Majesty’s Government are absolutely committed to supporting proportionate, science-based regulation. Our engagement and evidence-gathering will, I hope, address her concerns.
We recognise that the devolved Administrations’ positions regarding this legislation differ. My department has had very good conversations with a number of people. I have meetings next week with the devolved Administration in Wales and we will be talking to the Scottish Government as well. The noble Earl, Lord Stair, raised the point that this is a devolved issue. The Scottish Government have declined to join the Bill but the Welsh Government remain open to discussions via the common frameworks. We also engage with leading research organisations: with the Roslin Institute and the James Hutton Institute in Scotland, and with Aberystwyth University and Bangor University in Wales. These are world-leading organisations and they are calling for this kind of legislation. The electoral dynamic will, of course, differ in different parts of these islands and we want to make sure that we are talking to and working with the devolved Governments, and that we come to the right conclusions. I hope that we can persuade them to come along with us.
The noble Earl, Lord Devon, talked about the IP implications and whether precision-bred crops and organisms can be patented. The patent system exists to encourage inventions by offering time-limited exclusive rights in exchange for making the invention public, allowing others to further develop it. I am preaching to the choir; he is, of course, an expert on this. Patent rights are available in the UK in the area of gene editing, including plants and animals modified by such techniques. A number of patent applications have been filed and patents granted that relate to the genome-editing tool CRISPR.
The noble Earl and others also raised issues relating to the World Trade Organization. In 2018, a joint statement issued to the World Trade Organization signed by 13 countries stated that Governments should
“avoid arbitrary and unjustifiable distinctions”
between those crops developed through precision breeding and those developed through conventional breeding. The signatories included Canada, Argentina, Australia, Brazil and the USA. We are moving in that direction.
I have not had time to answer everyone’s points, even though I have been rather lengthy in my reply. It is important that we have open conversations. This has been an incredibly fascinating debate. I am encouraged by the level of support for the Bill. I hope we can progress it through the House. I beg to move.