Genetic Technology (Precision Breeding) Bill

Baroness Jones of Whitchurch Excerpts

Committee stage
Monday 12th December 2022 Lords Chamber

Moved by

[Baroness Jones of Whitchurch]

2: Clause 1, page 1, line 4, after “plant” insert “, where that plant’s purpose relates to agriculture,”
Member's explanatory statement
This amendment is designed to probe how widely the Government expects gene editing technologies to be applied to plants, and whether the absence of any limitations may lead to unforeseen consequences for wild plants.

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[Baroness Jones of Whitchurch (Lab)]

My Lords, I rise to move Amendment 2 and speak to Amendment 31 in my name. At the outset, I declare an interest through my involvement in Rothamsted agricultural institute, as in the register.

This group follows on quite neatly from our earlier debate, and I am grateful to my noble friend Lord Winston and others for setting out some of the risks inherent in this technology. It is the balance of those risks that we are struggling with as we go through the Bill, because, as I think the noble Lord, Lord Krebs, said, nothing is risk free. We can all see the potential advantages of this technology, but we have to get the balance right.

Amendment 2 is a probing amendment which tests out whether the Government intend gene-editing techniques in plants to be used more widely than simply for agricultural purposes. For example, is it also envisaged that this could be used for ornamental horticulture—to speed up the shapes or the colours of flowers? Is this desirable? Is it really what we want the technology to be available for? Would that wider use of the technology make more work for the regulators? I am sure that it would. As the demand for authorisation soared, would we have the capacity to manage it properly? Do we really want the regulators to be bogged down in authorising the new shade of a rose? This is simply one example. Noble Lords could think of many others which would go beyond the very specific application of the technology to agricultural purposes.

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[Lord Benyon (Con)]

With respect, I would not want to do that. In the same way that we are insisting that these measures can be achieved over a longer period of time through traditional plant-breeding techniques, if they are safe, it can be applied for food crops and in protection of our trees and woodlands, and it may have applications in other areas which will help our economy, particularly our green economy. I would not want to restrict it from those sectors.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for that response. I accept, as several noble Lords have said, that there is a role for gene-editing techniques in breeding disease-resistant trees. My noble friend Lady Wilcox gave the good example of ash dieback and we can think of other examples of such applications.

The Minister seems to be going gung-ho for all markets, if I could put it like that. I caution against that. As I said earlier, we need to do this step by step. We all understand the pressure to feed the nation more productively, but I am not sure that it is a priority to go beyond that to things that are more decorative, for example, even if there is a market at this time. I would have liked the Government to have had a more balanced view to this, but I will study what the Minister said more carefully in Hansard.

Moving on to Amendment 31, I do not think the Minister actually answered the fundamental question, which is whether the advisory committee will be asked to look at the wider implications for agriculture of these particular techniques. Will it be looking purely at whether the individual genome is safe or at how it might impact on the wider landscape, if it is planted in the wider landscape? All we were asking is whether the advisory committee will be given that role. The noble Lord mentioned other pieces of legislation, but we should not have to rely on them to make sure that the environment is protected. It would be nice to see that written into the Bill.

[Lord Benyon (Con)]

I will just answer that precise point. That is very much what ACRE does. It would not just be restricted to looking at a narrow area of science but the wider implications of the release into the environment and any impacts that that could have.

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[Baroness Jones of Whitchurch (Lab)]

I am grateful to the noble Lord and therefore wish to withdraw my amendment.

Amendment 2 withdrawn.

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[Lord Trees (CB)]

I acknowledge that work has been done on that, but it is not in widespread commercial use.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I have added my name to Amendment 3, and I support the consequential amendments. The Government’s relatively late decision to add animals into the scope of the legislation has made what would have been a more routine Bill into something we believe is far more contentious. As many of us said on Second Reading, this has been compounded by the lack of detail as to how the regulations will work.

The Government have themselves admitted that the understanding of the impact of these new provisions is not fully developed. In fact, I believe the chief scientific adviser gave evidence in the Commons that it would take at least a couple of years to enact the animal-related clauses. So there is no urgency in adding them to the Bill at this time, and it seems that the only reason this is being done is because Defra is not sure when it will next get a legislative slot. That does not seem a very good basis for making legislation, particularly when we have so little information with which to make a judgment. For example, the factors that the welfare advisory board will consider have yet to be spelled out. We do not even know who will be tasked with making those decisions. We will return to these arguments when we consider other amendments about the composition and terms of reference of the regulators.

On Second Reading, several noble Lords sought to highlight the potential benefits of gene editing for animal welfare, and the noble Lord, Lord Trees, has done that again. No doubt there could be benefits—for example, in breeding out male chicks or tackling pig respiratory disease. But for every advantage there is a counterargument for the disadvantages. We have heard some of them from the noble Baroness, Lady Bennett. It could be used to enable more intensive livestock breeding or to create fashionable designer dogs with health defects.

The fact is that scientists have not always used their breeding skills to altruistic effect. Hence, as we have heard, we now have chickens whose breast meat is so heavy that they are unable to stand, and farm animals bred for fast growth and high yields at the expense of their welfare. The Nuffield Council on Bioethics has also raised concerns about animals being created to live packed together in more crowded spaces—another point made by the noble Baroness, Lady Bennett. So it is not surprising that the major animal welfare charities are sounding the alarm.

So far, the debate around gene editing has concentrated on crops and seeds, and it has received cautious public support. But the introduction of animals raises much deeper ethical and moral challenges, which have not been explored in the public sphere. We are therefore in real danger of a backlash when this element of the Bill becomes more public.

The British public deserve to have a proper, thoughtful debate about how we want to coexist with farmed and domestic animals and the extent to which we should manipulate their breeding for our own ends. So I believe that these clauses inserting animals into the Bill are premature. We are being asked to take too much on trust at a time when the Government’s own thinking is not clear, and we all know the limitations of the secondary legislation system and the inability of Parliament to make real change at that stage. It is not good enough to expect us to pass this authority back to the Secretary of State when we know so little within the Bill at this time. This is why I believe we need to pause these clauses until Parliament can have a full debate on the fundamental issues at stake. I therefore support Amendment 3.

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[Lord Winston (Lab)]

I never thought I would be a member of the Green Party, but I clearly am this evening. I must agree with the noble Baroness, because we have to understand that gene editing is a new technique and has been on the books for only about eight or 10 years, which seems a long time but is not at all—in science, that is a very short time.

It was 40 years ago that we genetically modified organisms for the first time. The noble Lord is proposing that we speed this process up when we do not fully understand what is happening with procedures such as CRISPR-Cas9 and other methods. We need much more data before we can be sure about the progeny of these animals. That is one of the problems, and it will not be simple.

Of course, I appreciate that it takes quite a long time to breed an animal. As a human, I understand that quite well—I have dealt with a few humans myself, and no doubt the noble Lord, Lord Cameron, has also had children—but we have to accept that it takes time before you can really work out the status of an animal. It is a complex process.

[Baroness Jones of Whitchurch (Lab)]

My Lords, in one of the earlier debates the Minister sought to categorise some of us as people who are fundamentally opposed to the Bill and trying to find any way we can to derail it. I assure him that I am not in that camp, and I hope that the amendment I will speak to will give some illustration of that.

I will speak to Amendment 88 in my name, which is a very particular amendment about the status of GMOs; this seems a very odd group of amendments that have been put together. It follows on slightly from the comments just made by my noble friend Lord Winston because it recognises that it has been many years since the regulations relating to GMOs have been reviewed. As a result, we appear to be legislating in silos rather than looking at the impact of genetic technology as a whole. We already have the GMO legislation on the statute and now we are looking at GE, but how do those two bits of legislation interrelate?

When the Government announced their plans to roll out gene editing, they also committed to a review of the wider GMO rules, but so far there does not seem to be any sign that the review is taking place—unless I have missed it. Amendment 88 probes whether the impact of Clause 41, which amends the Environmental Protection Act 1990 to exclude precision-bred organisms and differentiates them from GMOs, is likely to require further review.

This is all about the interrelation between genetic engineering and GMOs. Where is that review taking place? Is the wording of the legislation as it stands in Clause 41 how we want it to be? When and how will that wider review of GMOs take place? How will the Minister synchronise any result of that with the provisions of the Bill? It seems rather odd that scientific institutions could be potentially following two different routes for technology that in many ways is very similar.

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As the noble Lord, Lord Krebs, said, this should be uncontroversial, but it is a really powerful amendment and I applaud the noble Baroness, Lady Hayman, for introducing it. I apologise, because I got up before the noble Lord, Lord Winston, and I do not like to do that, but I am sure that he will introduce his amendment equally well. Having read what he has put down, I entirely support it, as it looks like it follows closely an amendment of mine that we will come to in group 8.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I have added my name to Amendment 19 and I very much support the arguments put forward by my noble friend Lady Hayman. She made a powerful case for why there should be a clear public benefit written into the Bill, which is why her emphasis and the detail in the amendment are important. The noble Lord, Lord Krebs, said that the Minister has already said that he agrees with this. That is fine, but having it written down in the way set out here would be an important addition.

All the examples in the amendment have been cited by Ministers and supporters of the Bill, in various debates, as advantages that could accrue from it. The Minister believes in and is committed to issues such as the environment, climate change mitigation, food safety and animal welfare. As my noble friend said, we have talked many times about the potential to develop a world-class reputation for our science and innovation, and this would be a way of stating, publicly and internationally, what this research is about—so it is not just buried away in Hansard but is in a more public domain. That is very important.

As the noble Baroness, Lady Parminter, said, these preconditions very much reflect those that were spelled out in the Agriculture Act. It is not as though it is not legislative practice to have that amount of detail; it is, as it was done in a different Bill. So why can we not have it in this Bill as well? That would have the great advantage of putting the public good at the heart of the Bill.

It would also ensure that public money for gene-editing research, particularly in public institutions—I am involved in one of them—is firmly anchored and focused on the public good benefits. It would give the funding allocation something to measure against, which is an advantage. I am sure that the vast majority of research institutions in the UK would welcome this clarity; it would fit with the ethos of their operations anyway, and, in a sense, play to their strengths. It would be good to have measures in place on how that money is being spent, much as there are for ELMS funding in the Agriculture Act. We wanted to see what we would get for our investment with the farmers, so it was no longer just a free handout.

The noble Baroness, Lady Parminter, made the important point that we need to reassure the public that this is not a backdoor to further environmental damage and exploitation. We come back to the subject we have already debated, which is how we can make sure that we take the public with us. This is certainly one way we can make sure of that. We have to learn the lessons from the GM crop row of over 30 years ago, when one of the main criticisms was that it would allow the multinational seed companies to exploit farmers in developing countries by locking them into seed contracts in which the seeds could not be naturally regenerated for future use. We need to reassure people that that sort of exploitation is not part of our agenda on this occasion, so it is important to write that public benefit and use into the Bill.

It is important that we provide public reassurance. If it is good enough for the Agriculture Act, why can we not adopt a similar policy here? I urge the Minister to think about this; it would provide a great deal of public reassurance on an issue that we know is still quite sensitive. I hope he feels able, if not in my noble friend’s terms then in his own terms, to come back with an amendment that reflects the detail of that amendment.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I shall speak briefly to Amendment 19, which noble Lords will see already has a full complement of signatures. I thought the signature of the noble Lord, Lord Krebs, was far more useful than mine, so I was pleased to leave that space. If the Minister cannot agree to make some commitment such as that which the noble Baroness, Lady Jones, of Whitchurch, just asked for, it might well be possible to find a Conservative Back-Bencher to make a complete set on Report, should we get to that stage. I would have attached my name to this and I think it has already very been powerfully argued for, but I want to make two additional points.

Both the Environment Act and the Agriculture Act were built around the idea of public money for public good. Here, surely the Conservative Government would embrace the idea of public good for no public money at all. This is the Government able to make the rules, and they can ensure that there is public good without a penny having to be spent. That would be very much in line with the Environment Act and the Agriculture Act.

I want to highlight a couple of the elements in Amendment 19 that I think are particularly important, including sub-paragraph (x),

“supporting or improving human health and well-being”.

I note that the Government, in promoting the Bill, talk a great deal about sugar beet. Given the massive overconsumption of sugar in the UK diet—if we produced by volume only two-thirds of the sugar we produce in the UK, that would be more than enough for a sufficient, healthy level of diet without importing a single gram of sugar—and the fact that sugar beet is associated with massive loss of fertile topsoil from some of the richest lands in the UK, if we could gene-edit sugar beet to be more productive on less land, it would be ideal to combine that with ensuring that we produce only a healthy amount of sugar and free up the land for other purposes.

I also note that the Minister talked about sub-paragraph (ii), mitigating and adapting to climate change—indeed, he talked about the climate emergency quite a lot this afternoon. Of course, when we are talking about animals, we talk about engineering cattle to release less methane; we are looking at a whole-systems approach here, and having fewer cattle would be by far the easiest way to produce less methane. Further, they would not be consuming grains and proteins, such as soya from the Amazon, which we could be consuming as human food instead. It is a complex issue, but what we are getting at here is trying to deliver, as the noble Lord, Lord Krebs, said, what the Minister said is the purpose of the Bill.

The noble Lord, Lord Winston, has not spoken yet, but I will venture to make one comment on his Amendment 21. The wording is not terribly clear, and the noble Lord could answer now or later, or think about this amendment on Report. It says that the genome should be sequenced and the changes recorded and reported to the Secretary of State. My question is whether that should be published and publicly available. We are talking about licensing something that the Government are giving companies the right and the chance to potentially make money out of, so it is perfectly reasonable to demand an increase in public knowledge to make accessible those genomes that would then be available to other researchers for all kinds of possibly very different purposes, not necessarily productivity or seed-producing purposes. The knowledge of all those genome sequences would be a very useful thing. I think that should perhaps be written into the amendment.