Genetically Modified Organisms (Deliberate Release) (Amendment) (England) Regulations 2022

Debate between Baroness Bakewell of Hardington Mandeville and Lord Young of Norwood Green

Monday 14th March 2022 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his excellent introduction, and for his time and that of his officials in providing a briefing. I congratulate the noble Baroness, Lady Bennett of Manor Castle, on her introduction to the amendment to the Motion. The use of genetically modified crops and plants is an issue which divides people, both those growing crops and the public at large. The noble Baroness, Lady Bennett, is knowledgeable on this subject, having gained an honours degree in agricultural science.

The Secondary Legislation Scrutiny Committee and the Delegated Powers and Regulatory Reform Committee have looked at this SI and found it wanting, as demonstrated by its report. In its response to the Secondary Legislation Scrutiny Committee, Defra has claimed that this SI enables

“the bioscience sector to test the benefits and safety of relevant new products ‘without the burden of unnecessary regulatory processes’”.

I am in favour of reducing bureaucratic burden but would expect this to be an open and transparent process. My noble friend Lady Parminter has covered this aspect in detail. The resulting field trials taking place from this SI are not transparent. No one will know where they are taking place. This could be next to a local authority allotment site in a rural area or next to an organic farm where wind-blown seed transference could have a devastating effect on the organic farmer. Given that we have the lowest uptake of organic farming in Europe, this is extremely worrying. We should be encouraging organics, not jeopardising them with secret GM field trials.

The Explanatory Memorandum refers to upcoming wider reform but provides no information on what the government plans are for this wider reform. Nor does it provide any guidance which is alleged to come from ACRE shortly. As we have no idea of what the government interpretation of “shortly” is, can the Minister give any indication of when this guidance will be available?

The noble Baroness, Lady Bennett of Manor Castle, has indicated that ACRE is not an independent body. The consultation carried out by Defra indicates that the scientific bodies are not overwhelmingly in favour of gene editing. During the passage of the Environment Act, there was discussion on the importance of adopting the precautionary principle. The path we are about to embark on will throw this out of the window and replace the precautionary principle with an ethos of a proof of harm scenario, which is a very different kettle of fish.

Plants grown as a result of this SI are for non-marketing purposes and cannot be marketed without the consent of the Secretary of State. This does not in any way curtail the ability of a Secretary of State to give his or her permission for marketing without any further debate in Parliament. This is a direct bypass of the democratic process which Parliament should carry out.

Defra has indicated that it will move to a self-declaration system following advice from ACRE. Again, this is a concern to organic farmers. Defra says it will be the responsibility of researchers to abide by the law and gain authorisation for GM plants if this material gets into commercial products. Since the sites of trials and subsequent self-declaration systems are unknown, how will organic farmers be able to protect their crops and produce if they do not know where such field trials are taking place? It could be close to their land.

I turn briefly to the devolved Administrations, as referred to by the noble Lord, Lord Krebs. The Scottish and Welsh Governments have made it clear that they do not wish to pursue equivalent changes in Scotland or Wales. Is this not going to cause confusion across the country as a whole? Perhaps the Minister can comment.

I could go on but, given the hour, I will draw my remarks to a close. During the consultation, 88% of the individuals and 64% of the businesses responding were opposed to this change in the regulations. Given that there are very conflicting views on the efficacy of the science, I am not able to support this SI.

[Lord Young of Norwood Green (Lab)]

My Lords, I state my position as a remainer, but there are two things I welcome in coming out of the Common Market. One is the CAP, and this particular—