Genetic Technology (Precision Breeding) Regulations 2025

Baroness Hayman of Ullock Excerpts

Tuesday 6th May 2025 Lords Chamber

Moved by

[Baroness Hayman of Ullock]

That the draft Regulations laid before the House on 25 February be approved.

Relevant document: 20th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument).

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, these regulations implement the Genetic Technology (Precision Breeding) Act 2023 for precision-bred plants in England. They provide the practical and technical detail to implement a new science-based and proportionate regulatory system for precision-bred plants, as set out in the Act.

The territorial application of these regulations is England only and covers the environmental release and marketing of precision-bred plants as well as their use in food and feed in England. This includes a process administered by Defra to confirm that plants are precision bred—not genetically modified—before they can be marketed. It also establishes a food and feed marketing authorisation process administered by the Food Standards Agency which allows products to be placed safely on the market. The regulations also outline details for public registers and enforcement.

The Government recognise that concerns have been raised in the Secondary Legislation Scrutiny Committee’s report and in the regret amendment tabled by the noble Baroness, Lady Bennett of Manor Castle, most notably around provision of information and the impacts on the devolved Governments. We agree that these issues are important, and our work to understand and mitigate implications is ongoing. The department recognises that transparency is important and will be establishing public registers to ensure that information about precision-bred organisms authorised for marketing and for use in food and feed is available to consumers, farmers and landowners. We are also looking at ways to enhance this further and have recently closed a public consultation seeking to gather views on how to improve the accessibility of information on these precision-bred plant varieties, including through the labelling of seed and plant reproductive material.

We are also continuing to engage regularly with the devolved Governments on today’s legislation. In addition to monthly meetings at official level and regular ministerial engagement at the interministerial group, Minister Zeichner, as Farming Minister, is organising discussions with his counterparts in the devolved Governments to consider any concerns in more detail. Some of these talks have already begun and we value the progress that is being made. We also note that discussions are now taking place between devolved Governments and key stakeholders across industry on this policy area, and we look forward to hearing updates as this develops.

I believe that we have struck the right balance with an enabling regulatory framework that is proportionate and evidence-based, while providing measures for transparency and regulatory oversight. Today, by passing this secondary legislation, I believe that we have the opportunity to transform and modernise our food system —to make it fit for the future.

The 21st-century agricultural system faces significant challenges. It must provide enough food to meet growing demand while at the same time becoming more sustainable. It must also survive the threat to productivity posed by climate change. Food security is national security. To help us achieve this, we need innovation in fundamental sectors such as plant breeding. Precision breeding would be transformative for this sector, enabling innovative products to be commercialised in years instead of decades—and we do not have decades. Through precision breeding, crops can be developed that are more resilient to climate change, more resilient to pests and diseases, and more beneficial to the environment. In turn, this will increase food production, reduce the need for pesticides and fertilisers, lower emissions and reduce costs for farmers.

However, to capture these benefits, we need a regulatory framework with a sound science base that encourages innovation. The scientific consensus, across key advisory committees and institutes, is that precision-bred organisms pose no greater risk to health or the environment than traditionally bred organisms. The existing legislation carries a significant burden. According to the AgriFood Economics Centre, current regulations add a stifling 74% to the cost of marketing for businesses. This deters investment and limits the type of companies and products that can be brought to market. Countries that have kept pace with the science and introduced regulatory reform have seen significant investment. The Americas have attracted over 80% of venture capital investment in the sector, while only 5% comes to Europe. It is paramount that we act to change this.

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I conclude by restating our strong support for this statutory instrument. However, I look to the Minister to guarantee that the Government will not sell out to the EU on precision breeding and gene editing in any deal with the EU. I do not blame the Minister or any Defra Minister. We all know that Defra has been sidelined by the Prime Minister, the Foreign Secretary, the Treasury and the Defence Secretary, and that the Government intend to take us back into the EU in everything but name. We know that the Government will sell out our fishermen to get some meaningless deal, putting us back under the European code, but I plead with the Minister to save gene editing. It is a great British success story; it must not be sacrificed in any futile EU gesture. I strongly support the regulations that we have here tonight.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank your Lordships for your contributions and comments in what has been a very interesting debate and, in most cases, for your Lordships’ support for the regulations. We have covered a bit of old ground as well.

I want to take a moment to reflect on the importance of implementing this legislation. Without it, the potential of precision breeding cannot be realised. The existing legislation carries a significant burden, limiting which companies can bring products to market and which crop species and traits we can benefit from. Our understanding of the science has advanced. It is not proportionate to apply the existing legislation to plants produced by modern biotechnologies when the overwhelming scientific advice is that they pose no greater risk than traditionally bred varieties. The secondary legislation that we have been discussing today will change this, providing a science-based approach that is proportionate to the level of risk. As my noble friend Lord Young said, we are taking an evidence-based, balanced approach.

I recognise, however, that there have been concerns and issues raised, so I will turn to these now. Devolved Governments were mentioned by the noble Baroness, Lady Bennett, and the noble Lords, Lord Wigley and Lord Dodds. We recognise the valid concerns that noble Lords raise on the issue of divergence within the UK, which is why we are continuing, as the noble Lord said, to regularly engage with the devolved Governments. My colleague in the other place, Minister Zeichner, has recently been speaking to our devolved Governments and has invited them to discuss the issues in more detail. This work will build on the regular monthly meetings that we already have with devolved Governments.

The noble Lord, Lord Wigley, raised the issues of progress and timing. We are making good progress in discussions. As I have said, the devolved Governments are considering their positions and holding discussions with the key stakeholders that are impacted. We wanted to crack on: we do not have the time to wait to realise the potential benefits. We have, as the noble Lords have said, gone through this in a very long debate on the legislation, but we recognise the importance of working closely with the devolved Governments.

On Northern Ireland, which the noble Lord, Lord Dodds, raised, I want to assure noble Lords that we recognise that this is an important issue, and we continue to engage with stakeholders and officials in Northern Ireland properly to understand the potential short-term and long-term impacts. That includes recent engagement with Minister Muir— Daniel Zeichner met him to discuss specifically the implications of precision breeding. We are also engaging with the EU at the UK-EU Agri-Food Structure Group on the potential implications of its proposed regulatory framework for Northern Ireland.

The impact on the organic sector was raised by a number of noble Lords. This is one of the areas where we have a lot of work ongoing. Our engagement with the industry has suggested that the first products that would come to market would not undergo significant further processing; so, they can be kept separate from traditionally bred material, which would mean that the exposure of organic production to precision-bred material would be very limited in the short term.

However, Defra is working closely with the organic sector to prepare for the medium-term and longer-term impacts by discussing non-legislative options for supply chain coexistence, including facilitating discussions to establish which measures currently used by industry could be used by farmers to enable coexistence between precision-bred and non-precision-bred crop production. That is in line with how things are approached internationally. The noble Lord, Lord Krebs, talked about cross-contamination and the importance of getting this right. Defra is also working with the organic sector to look at any other further potential issues in the wider supply chain.

Labelling came up a lot; many noble Lords talked about it. Obviously, it was a key area of debate during the passage of the Act, and I felt that we were revisiting that to a certain extent. As noble Lords have said, the Food Standards Agency Board concluded there was no justification for the provision of labelling on grounds of consumer safety, since there was no scientific evidence that precision-bred organisms are intrinsically more hazardous than traditionally bred organisms. Because this was not considered to be a safety issue, mandatory labelling to indicate the process does not align with the principles behind the policy and would also raise costs for both business and consumers.

Methods of production are normally voluntarily labelled and can be catered for by the market if there is the demand; that follows the approach taken by many partners abroad, including the current EU regulatory proposal. However, I think we would support the suggestion from the noble Lord, Lord Krebs, that voluntary labelling of benefits could well be very helpful. We have tried to get the right balance here. However, out of interest for your Lordships, there are discussions within Defra at the moment about how labelling for consumers could be improved. This is something we are looking at.

The noble Baroness, Lady Freeman, mentioned consumer views and transparency. The FSA regularly gathers consumer views on a wide range of topics, and the most recent data shows that the price of food remains the top concern for consumers, alongside food poverty, food inequality, sustainability and the healthiness of the food being eaten. The FSA continues to undertake regular polling and insights to track public attitudes. We know that public levels of understanding are low, but public sentiment is more in favour.

While I am on polling, the noble Lord, Lord Pack, mentioned the YouGov polling and why it was not published. It was carried out by YouGov to look at public perception. All three polls were designed for internal use to enable us to track whether our communications around the Act had been effective. It has now been published and can be found on the Government’s website.

Plant varieties and seeds were mentioned by a number of noble Lords, including the noble Baronesses, Lady Bennett and Lady Grender, and the noble Lord, Lord Cameron. Plant varieties of the main agriculture and vegetable crops must be registered on the Great Britain or Northern Ireland variety lists before seeds of the varieties can be marketed. To be listed, a new plant variety must undergo testing to confirm that it is new and an improvement on varieties that are already available to the market. As the Genetic Technology (Precision Breeding) Act 2023 removes precision-bred organisms from genetically modified organism regulations and requirements applicable in England only, a precision-bred plant variety list for England is proposed in addition to the existing variety lists.

The EU position was raised just now by the noble Lord, Lord Blencathra. I am sure that he will not be surprised to know that I cannot comment on the EU reset discussions. Among other noble Lords, the noble Lord, Lord Lansley, in particular, talked about the EU Commission’s proposal for the regulation of plants—the NGTs, mentioned by the noble Baroness, Lady Bennett. We are monitoring the EU’s position closely and have noted that there has recently been progress in the European Council on the draft NGT proposal. It is quite similar in aim to the Genetic Technology (Precision Breeding) Act 2023 that we have been talking about today, but it is clearly going to take some time before new legislation is implemented in the EU.

I reassure the noble Lord, Lord Blencathra, that all products from the United States will need to go through the regulatory system in order to be placed on the market.

Environmental and health and safety risks were talked about. This is understandable given the controversy around genetically modified organisms in the UK historically, which was mentioned by the noble Baroness, Lady Hayman, and my noble friend Lord Rooker. This is why it is so important to take an evidence-based approach and to work with experts as we develop the policy. The noble Lord, Lord Trees, made the point so strongly in his contribution: the scientific evidence is clear. The risk that a precision-bred plant poses to the environment and health is dependent on its characteristics rather than the technique used to develop it.

The noble Lord, Lord Cameron, mentioned Africa and the impacts of climate change. The purpose of the Act was to encourage investment in research and development and innovation in agriculture, which has huge potential for climate change and for developing countries, such as those in Africa, which need to move forward in agriculture. The noble Baroness, Lady Coffey —in her very important speech, with her experience from when this was first developed—talked about the importance of climate-resilient agriculture, which this will be able to support.

The noble Baroness, Lady Grender, mentioned safety of food and feed. I reassure Members that the Advisory Committee on Novel Foods and Processes advised that

“There is no evidence that precision-bred organisms are intrinsically more hazardous than traditionally bred organisms”.


The further movement of the Act towards including animals as well as plants was mentioned by the noble Lords, Lord Trees and Lord Blencathra, and the noble Earl, Lord Caithness. As noble Lords are aware, the scope of the regulations is just for plants, but we recognise that there is strong support in relation to animals and that Members are keen to know more about the Government’s plans and approach, and any potential timelines. To inform noble Lords, we are currently continuing research on this but, while it is going forward, we will not be bringing forward any further legislation on animals.

The final question was from the noble Baroness, Lady Bennett, who talked about the Cartagena protocol. We remain committed to our international obligations and the protocol. Our proposal is consistent with our obligations as a signatory.

In my opening speech, I outlined the challenges we currently face in the food system, and recent world events really have shone a spotlight on the urgency of addressing these. We must take advantage of the opportunities presented by new technologies and advancements in scientific understanding, and we cannot afford to inhibit innovation through having outdated regulations. Harnessing innovation in precision breeding can help us to achieve several priorities: bolstering food security and championing British farming, helping to mitigate and adapt to climate pressures, and driving the Government’s missions on growth and health. The growth potential is evident, and we have the opportunity to be right at the forefront. Voting to approve the regulations today, if the noble Baroness decides to call a vote, is the only way to implement the Act in relation to plants and to realise the potential benefits of precision breeding for farmers, consumers and the environment.