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

Baroness Bennett of Manor Castle Excerpts

Monday 14th March 2022 Lords Chamber

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[Baroness Bennett of Manor Castle]

Leave out all the words after “that” and insert “this House declines to approve the draft Genetically Modified Organisms (Deliberate Release) (Amendment) (England) Regulations 2022.”

[Baroness Bennett of Manor Castle (GP)]

My Lords, this amendment asks the House to decline to approve this statutory instrument—for total clarity, what is generally known as a fatal amendment. I thank the Minister for his very clear introduction to some of the scientific aspects of the SI and for clearly setting out the differences between gene editing and older forms of GMO technology. I thank all noble Lords who have joined us at this late hour. As the noble Baroness, Lady Smith of Basildon, commented earlier, we so often do very important things very late at night. I am sorry about that, but that is not my choice—nor indeed that of most Members of your Lordships’ House, I think.

The Green Party’s position against genetically modified crops and animals is clear, but I will not make any arguments about that tonight. The argument I am making is that this statutory instrument is scientifically muddle-headed, unclear and most likely to create a legal tangle. The fact is, though, that noble Lords do not have to listen to me on that; they can listen to your Lordships’ Secondary Legislation Scrutiny Committee. We have to give great thanks for the tremendous work it does slogging through so much material. Its concerns about this statutory instrument shine through very clearly from the length and detail of its report. In the earlier debate, the noble Lord, Lord Clement-Jones, I think put scare quotes around the term “technically flawed” and suggested that that was a particularly grave insult in your Lordships’ House. I am afraid that I think this statutory instrument is technically flawed.

The basis of the statutory instrument is that plants that could have been produced naturally or by traditional breeding methods could be planted out in field trials without the current requirement to produce a risk assessment or to seek government approval for non-marketing purposes, as the Minister said. But there is as yet no guidance as to what scientific or regulatory criteria will be used to determine what fits the definition of “could be naturally occurring” or “by traditional methods”, which produces what is referred to as a “qualifying higher plant”.

The Secondary Legislation Scrutiny Committee’s language is typically measured and calm, as noble Lords would expect, but the committee “regret”—a very strong word in its terminology—the fact that there is no guidance to explain what this means. I thank the Minister for arranging a meeting with him, his officials, experts and a number of NGOs with which I have been working on this, during which it was asked when the guidance would be produced. The answer was “in a few months’ time”. We are being asked to vote on something when we have no idea what it actually means. I do not know whether the Minister can provide me with any updates on that.

It is very clear from the consultation responses that this term is not recognised in any existing markets or certified sectors such as organic. It is interesting that the Minister talked about how the US and other places are loosening regulation of gene editing, but they are doing so by changing their regulation of the method; they are not focused on the outcomes. No other place is working in the way we are by referring to traditional breeding or natural methods.

In response to the consultation, the Wildlife and Countryside Link said that there is “no conclusive evidence” that organisms created by gene editing

“could be achieved through traditional breeding.”

The Conservative Animal Welfare Foundation found that there was no basis for Defra’s claims, bluntly noting:

“The entire purpose of expanding the use of gene editing … is to create animals that do not occur naturally”—


or, in this case, plants. The Organic Research Centre said that Defra’s premise is

“unproven in theory and should not be the basis for changing regulations or removing protections.”

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the Minister for his response and everyone who has taken part in this very interesting and comprehensive debate. Like the Minister, I am somewhat on the horns of a dilemma because I am aware of the number of people waiting for the next important business.

I will try to respond to the Minister’s comments. It is interesting that a lot of this debate has focused on the views of scientific institutions. He acknowledged that there is complexity in their response and that they are saying that this is a complex area—the problem of defining what could be like naturally occurring or through traditional breeding. It is interesting that in his introduction he said that we were aiming for simplicity here. However, what has been achieved is not simplicity but complexity, which is reflected in the fact that no other country is taking the direction that we are here of focusing on the outputs rather than on the processes.

I will pick up the Minister’s point about ACRE and its composition. Of course, it is not just the case that people may be unduly or unreasonably influenced by their professional interests. There is also the problem of groupthink, where you get a group of people from a similar background, with similar professional lives, all thinking the same way without someone asking critical questions. We really need to look at that in terms of the composition of that body.

The Minister stressed that this SI was limited in scope, and on one level I agree. However, the noble Baroness, Lady Parminter—I thank her very much for her extremely informative and thoughtful contribution to this debate—pointed out that this is a shift away from the precautionary principle to the American principle of proof of harm. That is not limited in scope but a 180-degree shift in legislative approach. The Minister rightly said, as have others, that we are not talking about retail sales of the product here. However, as the noble Baroness said, surely the aim is eventually to produce things for retail, otherwise what is the point? That is where we are headed with this.

I particularly thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for pointing out the concerns of organic farmers. That is an area where there has been a great deal of concern. Again, the Minister was perhaps slightly self-contradictory in saying, “We haven’t had any problems with what we’ve done thus far”, while saying in his introduction, “There have been very few trials and very little has been happening because of the current regulations.” If we have had very few trials, perhaps it is not surprising that we have not seen results.

I will pick up a couple more points very quickly. Several people focused on the issue of the need to feed the world. I have to point out the fact that a third of British arable and half of American arable is used either to grow food for animals or to produce fuel crops. If we stopped factory farming, a lot of that food could feed humans, which would be a great deal healthier.

Several noble Lords, including the noble Lord, Lord Jopling, made an argument about GM crops. That is not the argument that I am making; I am making an argument about this SI. I apologise to the noble Earl, Lord Lindsay, because it is obvious that I did not make it clear enough in my introduction that I was not claiming that the Secondary Legislation Scrutiny Committee was commenting on the content of this; it was commenting on the form and the system. When I was addressing your Lordships’ House I thought that everyone in this Chamber knew that, but perhaps I should have made it clearer for people listening outside. I acknowledge that. However, he said, “These faults in procedure, as identified by the Secondary Legislation Scrutiny Committee, happen all the time.” That is not an argument for voting against my call to stop this SI. Surely at some point, with the huge systematic problems that the committee has identified in its report, your Lordships’ House has to say, “Enough—we cannot proceed with this way forward.”

I want to pick up finally on the comments from the noble Baroness, Lady Jones of Whitchurch. She made important points that we are not talking here about being against the science. The science has changed and developed enormously. The noble Lord, Lord Jopling, referred to the many complexities he saw decades ago, essentially the unknown unknowns and the known unknowns. We are gradually starting to uncover a great deal more about how genetics relate to the phenotype of plants, the behaviour of plants and the way organisms work. I point any noble Lords who really want to inform themselves about this to a great podcast called “Big Biology” that is all about the cutting edge of science. This science is changing at enormous speed, and an understanding of how genes work is very different from what was thought 10 or 20 years ago.

The noble Baroness, Lady Jones of Whitchurch, also pointed out how we are seeing huge advances in agroecology, of working with nature and incredibly complex natural systems—the billion organisms that should be in a healthy teaspoon of soil—and that we can work with those collectively. It is not a case of treating nature like a machine and changing one cog.

I am aware that there is a lot of pressure not to do this but I feel that the issue is crucial, so I do not feel at this point I can do anything but ask to test the opinion of your Lordships’ House.

The Deputy Speaker decided on a show of voices that the Amendment to the Motion was disagreed.