Genetic Technology (Precision Breeding) Bill

Baroness Hayman of Ullock Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, this has been a very interesting debate. I also welcome the noble Lord, Lord Roborough, and congratulate him on his maiden speech; we look forward to his future contributions.

There were a few references earlier to Jonathan Swift, and I recall that he also wrote an essay suggesting that the poor could eat their babies if they were starving, so we should not assume that everything he said is always a good suggestion.

I begin by confirming that the Labour Party supports the principles of scientific development that this Bill embodies. However, to reassure the public and to provide the right environment for research and investment, we believe that the right regulatory safeguards must be in place, because good regulation is the key to both innovation and investor confidence. As the noble Baroness, Lady Hayman, said, this is our opportunity to get this Bill right. My noble friend Lady Jones of Whitchurch referred to the impact assessment from the Regulatory Policy Committee, which is, as she said, pretty damning. It says that the Bill is “not fit for purpose”, and that the Government’s analysis of the impact of deregulation was “weak”. It further added that the Government has not adequately considered

“the full range of potential impacts arising from the creation of a new”

category of genetically modified organisms. We agree with the questions that my noble friend asked the Minister about these concerns.

The NFU provided a very helpful briefing, stating that precision breeding has the potential to deliver major improvements in the productivity and environmental footprint of farming, to address pest and disease pressures on crops and farm animals, to reduce fertiliser and pesticide use and to increase resilience to extreme weather events, such as flooding and drought. Many noble Lords have spoken in support of these aims, and we support those aims. But the Bill needs to be well drafted, and safeguards need to be in place. Proper regulation and safeguards are important because this is about our food. The noble Lord, Lord Krebs, rightly said that current agricultural practices are unsustainable, so we must change the way we work.

There is huge potential to deliver benefits by helping us not only to grow our food more sustainably and efficiently but to tackle the challenges of the environmental, health, economic and social harms that our modern food systems cause. My noble friend Lord Winston mentioned the potential advantages for the environment, but he also demonstrated to noble Lords the considerable challenges.

So, while the Bill brings opportunities, we believe that substantial improvements are necessary. We have heard a lot about potential, but we think that the regulatory regime intended to implement and to monitor these technologies is completely inadequate. Good governance must be at the heart of the Bill, including full supply-chain traceability and transparency. My noble friend Lady Jones explained that, in the other place, we proposed establishing a robust, independent authority, which would be modelled on equivalent provisions in the Human Fertilisation and Embryology Act. I am very sorry that it would clearly not get the support of the noble Lord, Lord Lansley, but it would appear that the noble Earl, Lord Stair, may well be interested in that proposal.

We want to draw attention, as other noble Lords have, to the risk of unintended consequences: these must be recognised and addressed, and we do not believe that the Government have done this. When they were giving evidence, the Francis Crick Institute and the Royal Society said that they felt uncomfortable with regulation based on techniques rather than outcomes—in other words, that the purpose, and not the technique, needs to be paramount. Gene editing should not just support commercial interests but be directed at outcomes that support public good.

We have heard that the greatest concern is around animals. At this stage, I declare an interest as the president of the Rare Breeds Survival Trust. We are extremely concerned about the inclusion of animals in the first place, as well as the lack of protections to ensure that if, such technology is used, it will be done ethically and with due regard to animal welfare. I was glad to hear the Minister talk about the step-by-step approach in his introduction, but I am sure that he has heard from other noble Lords that there are many outstanding concerns in this area. The RSPCA has said that public consultation and dialogue have been about farm animals, and it is concerned about ethical issues around animals, including sporting, companion and wild animals, as other noble Lords have said.

We are very concerned that this is a step change in breeding and in how people perceive animals—they could now be regarded as mere things to be modified for human convenience, contrary to the recognition of animals as sentient beings in the Animal Welfare (Sentience) Act. The BVA is concerned that the Bill is progressing without proper consideration of the regulatory frameworks needed to ensure animal health and welfare and food safety. We believe that, unless we get this right, it is a missed opportunity to create a world-leading, scientific, well-regulated and robust approach to gene-editing which would benefit animals, consumers and producers. As the noble Lord, Lord Cameron of Dillington asked, where is the detail about the advisory body? The noble Baroness, Lady Parminter, also looked at this. I am concerned about Clause 12; if we are not careful, it looks as though it will have been drafted to put the applicant in the driving seat.

The Minister reassured us that gene editing is simply a more precise version of selective breeding, with little to worry about. However, selective breeding has prioritised fast growth, high yields and larger litters, and we know that sometimes this causes suffering. The Nuffield Council does not believe that conventional breeding is inherently benign while precision breeding is not. Indeed, we have heard that conventional breeding can lead to both acceptable and unacceptable outcomes which have not been mitigated by existing regulation. Defra has said that the Bill will enable the development of precision-bred plants and animals that will bolster food production and drive economic growth. This gives us concern that gene editing will be used to drive animals to faster growth and higher yields, exacerbating the severe welfare problems that have arisen through selective breeding. If the Minister can provide reassurance on how the Bill can be tightened up to ensure this does not happen, we will be very pleased to hear it.

Defra has also argued that gene editing will be used to improve disease resistance in livestock, and the noble Lord, Lord Trees, discussed this at length. This certainly could be beneficial in the case of diseases that do not arise from the way in which animals are farmed. However, there is scientific evidence that keeping livestock in crowded, stressful conditions contributes to the emergence, transmission and amplification of pathogens. As my noble friend Lord Rooker said, the proper way to reduce diseases that are generated by keeping animals in poor conditions is to improve the conditions.

The Minister may say that there is little for us to be concerned about, but too much of the detail of the Bill—how it will work, what it will cover—is, as we have heard, dependent on secondary legislation. That does not give us confidence and, as the noble Earl, Lord Devon, said, it does not necessarily encourage public trust and confidence in government intentions and outcomes either. So it is really important that the discussion we have had around labelling is also taken on board by the Government. The noble Lord, Lord Carrington, talked about the importance of public confidence, and the noble Baroness, Lady Parminter, talked about why labelling is critical. The Nuffield Council’s report also recommended that the labelling of such foods should have advice on safety, nutrition and health.

The fact that the Government do not intend to label products raises concerns about a lack of transparency. The noble Baroness, Lady McIntosh of Pickering, raised particular concerns about this. We know that many British consumers have concerns. As my noble friend Lord Rooker said, if we are using new technologies, we have to take the public with us. The noble Baroness, Lady Hayman, explained exactly why this is so important, because of what has happened in the past.

On plants, the noble Earl, Lord Caithness, spoke passionately about the benefit for crops and the noble Lord, Lord Cameron, talked about how this can be used more widely in the developing world. These are really important ways we can move forward. However, the Landworkers’ Alliance, which supports smaller agroecological farmers and organic groups, has raised concerns about an increased risk of contamination, so it would be very helpful if the Minister and the Government could explain clearly how that is not going to cause the organic sector any problems.

I have one final question for the Minister. Noble Lords have raised the issue of Scotland. Can he reassure the House on this and the potential for divergence? Harmonisation on trading gene-edited products more widely is a real concern. Whatever position you come at the Bill from, it is going to need to be addressed.

In conclusion, I reiterate that the Opposition support the Bill in principle. A positive statement from the Minister about the precise purposes for which precision breeding might be used, including confirmation that it will be directed towards a just, healthy and sustainable food and farming system, would be very welcome.