Genetic Technology (Precision Breeding) Bill

(Limited Text - Ministerial Extracts only)

Consideration of Lords amendments
Monday 6th March 2023 Commons Chamber

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss Lords amendments 2 to 17.

[Mark Spencer]

These amendments aim to provide clarity as to which genetic changes produced through modern biotechnology are acceptable in a precision-bred organism, particularly with regard to changes that are similar to those that could have resulted from natural transformation. To achieve this, these amendments remove references to “natural transformation” in the Bill. We included this term originally to acknowledge that exogenous DNA can be present in plants and animals as a result of natural transformation. In addition, there was a clause that would strictly limit which features of this type could be present in precision-bred organisms if they resulted from the application of modern biotechnology.

Our policy ambition has not changed. However, after further discussions with our scientific advisers and with experts in the other place, we have introduced these amendments to achieve this desired outcome more effectively. Rather than referring to “natural transformation” in the Bill, we have focused on the features that can be present in a precision-bred organism resulting from the use of modern biotechnology. These are features that arise from the application of traditional processes listed in clause 1(7), which has not been amended. It is also important that the definitions of “modern biotechnology” and “artificial modification technique” in the Bill align with corresponding terms in the genetically modified organisms legislation. These Government amendments ensure that these can remain aligned, if there are technical updates, in the GMO legislation.

Through these amendments, we are maintaining our intention that precision-bred organisms contain only changes that could also have arisen in the gene pool through natural variation or through the kinds of directed breeding programmes already in use today. I am confident that the changes we have introduced are more effective in delivering the scientific approach to which we have committed when defining a precision-bred organism.

[Theresa Villiers (Chipping Barnet) (Con)]

Does my right hon. Friend agree that this important Bill could release vital technological innovation and demonstrates that the United Kingdom can regulate more effectively when we make decisions in our own national interest than when we were a member of the European Union?

[Mark Spencer]

Of course. I pay tribute to my right hon. Friend, who was an excellent Secretary of State for Environment, Food and Rural Affairs. She had the same ambitions as this Bill is delivering.

Amendments 7 to 13 and 15 will increase the scrutiny of the secondary legislation set out by the Bill. In response to the report from the Delegated Powers and Regulatory Reform Committee, amendments 7 to 9, 12 and 13 change the parliamentary procedure from negative to affirmative for clauses 4(3), 6(2) and 18(1). Amendments 7 and 13 ensure that clauses 4(1)(b) and 18(6) remain subject to the affirmative procedure. We considered these recommendations closely and accepted the Committee’s view that the clauses contain matters of significant public interest. Regulations under these clauses will therefore need to be debated and approved by both Houses of Parliament via affirmative resolution before they come into effect.

Amendments 10, 11 and 15 increase parliamentary scrutiny of clauses 11(5) and 22(3) while retaining the flexibility for the Secretary of State to designate the most appropriate body for the role of the animal welfare advisory body. We recognise it is essential that the animal welfare protections under this Bill command strong public and stakeholder confidence, which is why we tabled these amendments.

Alongside these amendments, which provide an opportunity for both Houses to debate and agree the provisions before they come into effect, we commissioned Scotland’s Rural College to run an independent research project to help us develop criteria for the animal welfare assessment and the accompanying evidence that will be required.

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

We have traditionally used other methods of crop breeding, such as induced mutation using gamma radiation or chemicals such as colchicine. Can the Minister reassure me that, although we are making changes for this keyhole surgery type of genetic modification, or gene editing, it will not affect traditional methods that have been used for many years to produce varieties such as Golden Promise winter barley?

[Mark Spencer]

This technology should accompany and enhance the possibilities of plant breeding and, later, animal breeding. I think it is an exciting opportunity, and who knows where the science will take us? It may well lead to world-changing developments that help to feed the growing world population.

The research by Scotland’s Rural College will involve experts from the Animal Welfare Committee and a wide range of organisations with expertise in animal welfare, genetics and industry practice. Following the Bill’s passage, we will continue to work with experts and other stakeholders to develop measures to safeguard animal welfare before we bring the measures on animals into force.

Finally, I will speak to the minor and technical amendments. Amendment 5 is a technical amendment that ensures clause 1(8) reflects the definition of “artificially modified” inserted into part VI of the Environmental Protection Act 1990 by the Genetically Modified Organisms (Deliberate Release) Regulations 2002, which is expressed in relation to genes or other genetic material rather than organisms. The amendment will make no substantive change to the Bill.

Amendment 14 replaces the reference to a “relevant obligation” in clause 21(3)(a) with a reference to a “part 2 obligation”, as defined in clause 21, for clarity.

Amendment 16 similarly replaces the reference to a “relevant obligation” in clause 29(4)(a) with a reference to a “part 3 obligation”, as defined in clause 29, for clarity.

Amendment 17 aims to make it clear in the clause on interpretation that references to the term “notifier”, which is defined in clause 6(1), may in certain circumstances be modified by regulations under clause 11(9).

I hope the House is confident in accepting these amendments.

--- Later in debate ---

[Mark Spencer]

I pay tribute to hon. Members who have assisted not only in this place, but at the other end of the corridor, and particularly to my right hon. Friend Lord Benyon for steering the Bill so ably through the House of Lords.

It is worth putting on record my thanks to my right hon. Friend the Member for Camborne and Redruth (George Eustice)—I see him in his place behind me—who was the originator of the Bill. He saw the benefit of this technology and brought in the Bill, ably assisted by my hon. Friend the Member for Bury St Edmunds (Jo Churchill) and my right hon. and learned Friend the Member for Banbury (Victoria Prentis), who, as the shadow Minister, the hon. Member for Cambridge (Daniel Zeichner) indicated, was one of the Ministers he jousted with over the Bill.

The shadow Minister was broadly supportive, but he had one little concern about animal welfare; I understand those concerns and I will try to reassure him. Animal welfare concerns were raised in both Houses and by non-governmental organisations. The Government are committed to maintaining our already high animal welfare standards and we want to improve and build on that record. That is why we are taking a step-by-step approach, with regulatory changes first for plants, followed then by animals. That is why we have also commissioned Scotland’s Rural College to carry out our research.

One reason why I was a little disappointed by the comments about Scotland from the hon. Member for North Ayrshire and Arran (Patricia Gibson) was that even she must be proud of the fantastic establishments in Scotland. Not least, the James Hutton Institute in Dundee and the University of Edinburgh are world-leading in some of this research. We need to embrace that research and bounce forward.

This is a fantastic Bill. I am glad to see it progress through the House and I look forward to its receiving Royal Assent.

[Patricia Gibson]

It is right and fitting that the Minister pays tribute to the hub of scientific excellence that we find in Scotland in a range of different areas, but surely he is not suggesting that that, in itself, and using that expertise in Scotland is a reason for his Government to legislate by the back door in devolved areas in Scotland.

[Mark Spencer]

Not at all. This is an England-only Bill; it is there in black and white. I was expressing my disappointment on behalf of Scottish farmers who will not be able to use this technology. That will leave them at a disadvantage commercially, and I hope that she will listen to those Scottish farmers.

[Sir Robert Goodwill]

Perhaps the Minister might be reassured by the fact that the Scottish National party seems to be against the Bill on political rather than scientific grounds. In fact, I think it is on the record as saying that if the European Union adopts the legislation—as the Opposition Front Bencher, the hon. Member for Cambridge (Daniel Zeichner), said—it would immediately adopt it. Surely the SNP is taking the lead from Europe, not from the people who elected them.

[Mark Spencer]

I thank my right hon. Friend for his intervention. It was my intention to slowly glide the Bill through its process, but we seem to have stepped into a bit of a hot potato. The Bill is a fantastic opportunity for scientists around the UK, particularly in England, to embrace this new technology.

[Jim Shannon]

Other Members have spoken about Scotland and Wales. I know that the Minister has a very close working relationship with the Minister responsible for farming in the Northern Ireland Assembly, Edwin Poots. Has this Minister had any opportunity to discuss these matters with him, so that we in Northern Ireland can take advantage of what will happen here?

[Mark Spencer]

Of course, our door is always open for those conversations with the devolved Administrations. I look forward to speaking to Minister Poots at the earliest convenience, so that Northern Ireland can embrace this technology, as soon as we get Stormont up and running, of course. I know that the hon. Gentleman is as keen as I am to see that. With that, I commend the Bill to the House.

Lords amendment 1 agreed to.

Lords amendments 2 to 17 agreed to.

Animals (Low-Welfare Activities Abroad) Bill (Ways and Means)

Ordered,

That, for the purposes of any Act resulting from the Animals (Low-Welfare Activities Abroad) Bill, it is expedient to authorise the payment of sums into the Consolidated Fund.—(Mark Spencer.)