Genetic Technology (Precision Breeding) Bill

Caroline Lucas Excerpts
2nd reading
Wednesday 15th June 2022

(2 years, 5 months ago)

Commons Chamber
Read Full debate Genetic Technology (Precision Breeding) Act 2023 Read Hansard Text Read Debate Ministerial Extracts
George Eustice Portrait The Secretary of State for Environment, Food and Rural Affairs (George Eustice)
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I beg to move, that the Bill be now read a Second time.

The UK is home to some of the world’s best agricultural research facilities. For some 70 years, plant breeders have used chemical and radiation treatments to generate random mutations in genes, in the hope that these might provide traits that are useful for plant breeding. For decades we have had F1—filial 1—hybrid breeding techniques, which were designed to create far greater genetic consistency in plant varieties that are grown commercially.

Precision breeding techniques such as gene editing are really a natural evolution of conventional approaches to plant breeding. They are simply a modern way of creating more targeted and predictable changes to DNA within a species than would have been possible using induced mutagenesis or natural breeding. They result in nothing that could not occur through natural breeding processes. In that sense, precision breeding techniques are distinct from genetic modification, which can involve moving genes across species boundaries. It is the recognition of this difference that is the reason for this Bill today.

In 2018, the European Court of Justice ruled that all gene-edited organisms should be legally regulated as genetically modified organisms. That has hampered our ability to take advantage of precision breeding techniques and of the clear opportunity to help the environment and food producers.

The UK Government disagreed with that 2018 judgment from the perspective of science. Now that we are outside the European Union we are free to consider what a consistent, coherent and science-based policy looks like. What we really need to achieve as we address today’s challenges is a fusion of the traditional principles of good farm husbandry with some of the best technology available to us in the 21st century.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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The Secretary of State keeps using this language about precision breeding, but he will know that that is neither a specific technology nor a scientific principle. It relies on the creation of a hypothetical class of GMOs that could have occurred naturally. He will know that there is opposition to that definition from everyone from the environmental non-governmental organisations right through to the Nuffield Council on Bioethics and to the Roslin Institute. Given that level of disagreement about the very principles of how he is framing this Bill, will he take it away and look at it again?

George Eustice Portrait George Eustice
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We have considered these matters in great depth. We ran a consultation. The overwhelming view of scientists are that these precision-breeding techniques, which do not achieve or do anything that could not be achieved through natural breeding processes, are not in fact GMOs. That is our view. That is why we are bringing this Bill forward today. As the hon. Lady knows, there will no doubt be a debate about these matters in both Houses as the Bill progresses.

Precision breeding techniques give us the ability to produce plant varieties with particular traits far more efficiently than was ever possible with conventional breeding. This opens up huge opportunities for our farmers and growers to produce nutritious food with a lower environmental impact.

Precision breeding techniques can improve crop resistance to diseases, reduce the need for pesticides, increase crop yields, improve resistance to climate change, promote drought resistance and reduce the need for fertilisers.

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George Eustice Portrait George Eustice
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I think consumers want to see fewer pesticides in their food, and technologies such as this open the door for us to achieve that. As part of the notification process that I will come on to describe, we will ensure that there is transparency and that any seed that is marketed is listed in a transparent way. The Food Standards Agency will also conduct a very thorough and comprehensive assessment of any food safety issues. I think that will give people the reassurance they need.

Returning to some other examples of crops, UK Research and Innovation funded a study that has identified promising sources of genetic resistance to virus yellows in sugar beet, a group of viruses that can cause severe yield losses of up to 50% and are at the heart of the controversy around the use of neonicotinoids in sugar beet. Introducing resistance to virus yellows will reduce the need for pesticides, boost our food security and reduce costs to our sugar beet producers.

With food security high on the agenda, we also have the ability to develop wheat that is more resilient to climate change, helping successfully to grow a crop that 2.5 billion people are dependent on globally. Researchers at the John Innes Centre in Norwich have used gene editing techniques to identify a key gene in wheat that can be used to introduce traits such as heat resilience, while maintaining high yields.

These technologies also have potential to improve the health and welfare of animals, as some of my hon. Friends have mentioned. Research in farmed animals is already leading to the development of animals that have increased resistance to some devastating diseases. For instance, the Roslin Institute and Genus have developed gene-edited pigs with natural resistance to porcine reproductive and respiratory syndrome, a disease that causes mortality and major welfare issues in pig populations globally.

I turn now to the contents of the Bill. It will focus on four key areas. First, we will remove precision-bred plants and animals from the regulatory requirements applicable to the environmental release and marketing of genetically modified organisms. That will remove the necessity of adhering to the onerous regulations imposed by the European Union for plants and animals that could also have been produced through traditional breeding. The Bill does that in part 1.

Caroline Lucas Portrait Caroline Lucas
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The Secretary of State will know that section 20 of the Environment Act 2021 requires him to be able to affirm that this Bill does not weaken any existing environmental protections. Given that he has more or less just said that it precisely does, because it will weaken the EU legislation that we were following and will erode the existing regulatory system, how can he then sign section 20 in good faith?

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Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I believe that this is a flawed Bill—it is not strategic, it is not clear and it does not do what it says on the tin. Ministers breezily assert that it will deliver access to wonderful new markets, while failing to acknowledge that it actually risks hindering access to our closest significant market, the EU, as we create a divergent regime for regulating genome-edited products. As we have heard, consequences for trade with Northern Ireland are being ignored. With the Scottish and Welsh Governments currently taking a different approach from that of England, the Bill is a recipe for consumer confusion and significant operational difficulties for retailers across the UK.

These big questions are critical, but in the short time that I have, I shall spell out how the Bill falls down on some core principles that render it flawed and not fit for purpose. Those principles are scientific coherence and clarity, properly defined criteria—or the lack of them—and transparency.

On coherence and clarity, in its title and text the Bill uses the phrase “precision breeding”, yet that is neither a specific technology nor a scientific discipline. It is a marketing term: a vague colloquialism for a number of recently developed genetic engineering technologies, which do not form a coherent group of methods, and do not justify being called “precise”—not when the scientific literature contains reports of genetic technologies such as genome editing creating unexpected and unwanted mutations, genetic errors, altered proteins, and extensive deletions and complex rearrangements of DNA in plants. [Interruption.] I will not give way yet.

The Government give a nod to that uncertainty with their caveat that genetic editing of animals will not take place until animal protection can be safeguarded. Engineering the DNA of animals raises major animal welfare and ethical concerns. A wealth of problems are set out by the Nuffield Council on Bioethics report on gene-edited farm animals. As I understand it, there is nothing to prevent biotech-created disease resistance being used as a sticking-plaster for the intensive factory farming practices that are the underlying cause of disease emergence in the first place. That is why, given the current drafting, animals should be removed from the Bill’s scope, full stop.

Katherine Fletcher Portrait Katherine Fletcher
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Nature makes mistakes; that is how evolution comes about. So the mistakes that are reported in the literature are actually further evidence that such technologies effectively replicate a natural process. Does the hon. Lady agree?

Caroline Lucas Portrait Caroline Lucas
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I thank the hon. Lady for her intervention. As has been said, she clearly has expertise, but I am looking at the scientific evidence that has been put before me, and it is being suggested that the mistakes that can be made in this area, especially when it comes to nature, appear very different from those that are seen in nature.

I move on to the principle of properly defined criteria. Using a term that lacks any proper definition looks like an attempt to obscure the full scope of the proposed deregulation. The terms “precision breeding” and gene editing help promote a particular narrative—that the process is just a simple “cut” or “tweak”. The Government are also at pains to stress that any changes might have occurred “naturally” and do not involve the insertion of transgenes—so-called “foreign” DNA.

I have read that this is to some extent smoke and mirrors. The Bill seeks to deregulate all manner of genetic manipulations, and genome editing can sometimes involve the insertion of foreign DNA. As I understand it, the argument is that in such cases the inserted DNA gets removed before the product goes to market. That may well be the intention; but by using poorly defined criteria in the title and wording of the Bill, the Government are asking us to pass bad legislation.

Robert Goodwill Portrait Sir Robert Goodwill
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Is it the case that, if the EU were to allow this technology to go ahead, the hon. Lady would, like the SNP, embrace it?

Caroline Lucas Portrait Caroline Lucas
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I am not making a blanket statement in that way. I am saying that if a whole load more safeguards were built into the Bill and if it were not based on a set of definitions that are being criticised by the scientific community, I would have rather more confidence in it than I do right now.

As we have heard, several learned organisations have challenged the Government’s creation of this hypothetical class of GMOs that could have “occurred naturally” or could have been created using traditional breeding. The Institute of Food Science & Technology has called the approach “overly simplistic”, and the Nuffield Council on Bioethics was

“not convinced that this is either the most proper or most popular framing”.

The Roslin Institute found it “exceptionally challenging”, while the Royal Society of Biology said:

“No clarity can be achieved using this principle—we would not recommend using it as the basis for regulation.”

In response to last year’s public consultation, there was a clear view that this is a fundamentally flawed and unscientific basis for regulation.

Turning to transparency, there are no provisions in the Bill for the labelling of genetically engineered or so-called precision-bred food, despite this being what a majority of the public want, as the Government consultation made clear. In that consultation, 85% wanted genetic technologies used in farming to continue to be regulated in the same way as other GMOs. There are significant concerns over the commercial drivers of genome editing in farmed animals, for example. This makes labelling really important, not least if Ministers want citizen and market trust, and buy-in to any new regulatory regime. The public register idea is welcome, but it needs to be accessible as well as comprehensive, and it should include all genetic engineering events and organisms used in UK agriculture. Reduced data collection is worrying. Data that is not collected cannot be analysed. Ministers are simply assuming that risks are non-existent or vanishingly slight, but there is nothing scientific about such wishful thinking.

In conclusion, we need a national conversation. Regulation and innovation need not be at odds, but products of agricultural genetic engineering, including newer techniques, should be subject to a robust and transparent regulatory and governance framework. This must include a strong traceability and labelling scheme that protects the interests of organic farms and allows consumers to make a choice in the supermarket. This legislation lets down consumers, farmers, the environment and animals. Rushing ahead with a badly conceived and designed Bill because the Government are simply desperate to claim some kind of success on post-Brexit deregulation is unacceptable, and I urge them to bring back something better.

Genetic Technology (Precision Breeding) Bill

Caroline Lucas Excerpts
Roger Gale Portrait Sir Roger Gale (North Thanet) (Con)
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I will speak to amendment 12; I hope to be commendably brief. A fundamental principle of veterinary science is that procedures should be carried out in the interests of the animal and animal welfare. Many of the proposals brought forward will, I believe, be in the interests of animal welfare, and I have no problem with them whatever. I simply seek an assurance from the Minister that, if it becomes apparent that a change that is to be made would have an adverse effect on animal welfare, no licence for the change would be granted. That is all I ask for.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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It is a pleasure to follow the important speech by the right hon. Member for North Thanet (Sir Roger Gale), with which I agreed. As I said on Second Reading, this is a flawed Bill; it is unclear and it is not robust, and legal experts have said that it is staggeringly imprecise. Nothing that has happened since Second Reading has caused me to change my mind, so I have tabled a number of amendments, and welcome the opportunity to speak to them, starting with amendments 1 and 2, which would remove animals from the Bill’s scope and title. For the record, it is my intention to press amendment 1 to a vote.

As I say, amendment 1 would remove animals from the scope of the Bill, but the intention is not, as the right hon. Member for Camborne and Redruth (George Eustice) suggested, to kick the can down the road; I genuinely believe that we need more time to look more carefully at what kind of regulatory framework we need, so that we can make the most of potential benefits, but also safeguard ourselves against risk. I acknowledge that there may well be potential benefits to the legislation, but I hope that others will acknowledge that there may well be serious risks, and I do not think that the work has been done to get the balance right in the Bill. We need more safeguards that are commensurate with the risks. That is why—for the moment, at least—we should remove animals from its scope. If the Government wish to legislate on gene editing of animals, they need to give much more thought to defining the circumstances in which that is acceptable, and to provide much more detail on how it will be regulated.

I recognise that clauses 10 to 15 are an attempt to prevent the significant risks that are associated with precision breeding, but I do not think that those measures are sufficient. When we debated the animal sentience legislation, the Government were prepared to accept that there should be a mechanism, via the animal welfare hub, through which the impact of animal sentience legislation could be properly considered by independent experts with the relevant skills. There is an urgent need for something similar that allows us to judge whether genetic engineering will be harmful to animals, how it can be better regulated, and how that can be done transparently. The model in clause 11, however, gives the person applying for authorisation and the Secretary of State far too much authority and responsibility, and the proposed animal welfare advisory body is given only a weak, secondary, advisory role. I worry that that suggests that welfare considerations will carry very limited weight in decision making.

It is also of concern that, under the Bill, the full regulatory system is supposed to be set through secondary legislation. That vastly reduces the scope for vital parliamentary scrutiny on issues of animal welfare and gene editing.

The claims made for gene editing mainly focus on increasing productivity and disease resistance. The Government argue that gene editing is simply an extension of traditional breeding, such as selective breeding, but is more precise and efficient. I assume that is intended to be reassuring, but over the last 50 years selective breeding has itself caused substantial health and welfare problems in most of the main farmed species. We have already heard about the concerns about broiler chickens who have been bred to grow so quickly that many suffer from leg disorders, while others succumb to heart disease. Hens have been bred to lay over 300 eggs a year. They have to draw on their own bone calcium to produce egg shells. This results in osteoporosis, leaving them susceptible to bone fracture. A cow producing milk for her calf would normally produce just over 1,000 litres in her 10-month lactation. Many of today’s dairy cows have been bred to produce 10,000, or even 11,000 or 12,000 litres of milk a year. That contributes, unsurprisingly, to many suffering from lameness, mastitis and reproductive disorders, and the animals live with those welfare problems for a substantial part of their lives.

Gene editing for even faster growth and higher yields would exacerbate the suffering caused by selective breeding. I believe it would be unethical to permit it for increased productivity, and it simply should not be necessary for disease resistance. The proper way to reduce diseases that are generated by keeping animals in poor conditions is to move instead to health-oriented farming systems, in which good health is inherent in the farming methods. Indeed, gene editing could lead to animals being kept in even more crowded and stressful conditions, as they would be resistant to the disease risks that are inherent in those conditions.

I cannot be the only Member who has been lobbied hard to remove animals from the Bill’s scope. I urge the Government to listen to the public and look again at this. They should return the legislation on this subject only once they have given much more detailed consideration to the issues that I have raised. Another of those issues is that nobody involved in drafting this legislation could, I imagine, have honestly envisaged it applying to, for example, domestic cats and dogs. Yet, without clarification, that is exactly what the current drafting could result in.

Our constituents want to be confident that there is consistency in the Government’s ambition for improving animal welfare. They want to know that gene editing cannot be used as some kind of techno-fix and that it will not entrench intensive farming, with its inherent environmental and animal welfare shortcomings. If my amendments are a step too far, I would urge Ministers, as a form of compromise, to bring forward an amendment of their own in the other place that will at the very least limit the scope much more explicitly to farmed animals. In the meantime, my amendments 1 and 2 would remove animals from the scope of the Bill.

Let me move on briefly to a few other amendments in my name. New clause 7 is about informing consumers about what they are buying. It would require the Secretary of State to make regulations on the labelling of this new class of GMO and to do so in consultation with key named stakeholders. Clear labelling is something that we know consumers want. The Food Standards Agency found that:

“Consumers wanted transparent labelling…if genome edited foods reach the UK market.”

My new clause does not prescribe what form that labelling should take; the groups and organisations that it lists for consultation are much better placed to determine that. They include the FSA, food producers, retailers, consumers and anyone else the Government think appropriate. In other words, it would allow for co-operative, sensible, well-informed approaches. I hope Members will back new clause 7 on that basis. Finally, labelling—in either the form set out in my clause or some other form—could represent a step towards resolving the differences with the devolved Governments, which we have already heard about, for whom, for example, alignment with EU standards is a major priority and a current source of disagreement with Westminster.

Amendments 6, 7, 8, 9 and 10 are a group designed to ensure that regulation is sufficiently robust when it comes to authorising activities involving so-called precision-bred organisms. They seek to convert the powers afforded to the Secretary of State into requirements. In addition, amendment 8, alongside amendment 7, would require obligations relating to supply chain traceability. Without amendment 7, the Bill fails to mandate any such traceability for the new category of precision-bred organisms.

That would be inconsistent with the current long-standing requirement for mandatory traceability for GMOs and would create significant trade barriers for organic businesses in the UK wanting to export products to, for example, the EU or Northern Ireland. The UK organic sector is worth £3 billion, so it makes no economic sense not to amend the Bill and ensure mandatory supply chain traceability. Traceability of genetically engineered organisms is also essential to support recall in the event that novel allergens or toxins, or other safety issues emerge after release.

I believe the Bill is badly conceived and badly drafted. My amendments are all designed with one of two things in mind: to bring either clarity or robustness to the regulatory framework for precision-bred organisms. It is with that intention that I lent my name to a number of other amendments, on behalf of the official Opposition in particular. I hope that they might support mine in the same spirit.

Neil Hudson Portrait Dr Neil Hudson (Penrith and The Border) (Con)
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It is a great pleasure to speak in this debate and to follow the hon. Member for Brighton, Pavilion (Caroline Lucas), who is a passionate advocate for the environment and animal welfare issues.

I firmly believe that this Bill is an important piece of legislation. I first declare an interest: as a veterinary surgeon, I am passionate about animal health and welfare. I also represent Penrith and The Border, a huge rural constituency with a huge farming footprint. We have the most fantastic farmers in Cumbria, and across the UK, who farm to the highest animal welfare standards. I firmly believe that we do not have anything to fear from this legislation, but I do understand some of the concerns that have been raised, and I will speak to some of the amendments and new clauses.

It is important to reaffirm from the outset that this Bill is to do with gene editing, which is very different from genetic modification, where genetic material from an exogenous species is potentially inserted. That is not the case with what this Bill is concerned with. Gene editing is very different from genetic modification. When the Government move forward with this Bill, it is important that they keep articulating and communicating that to the public, to try to alleviate some of those concerns.

I firmly believe that there are huge benefits to be gained from this legislation to animals, plants, the environment and the human race. I respectfully disagree with amendment 1, because I firmly believe that it is important that animals are included within the scope of the legislation. I will try to articulate why I believe that. There will be huge benefits to animal health and welfare from the development of animals and potentially birds that have more resistance to diseases, as colleagues have touched on. As a veterinary surgeon, I firmly believe that is a good cause, because if we can reduce the incidence of disease, that is an animal health and welfare gain.

We have talked about birds becoming more resistant to avian flu, and we have seen how this country is being ravaged at the moment by avian influenza. Technology that helps us to mitigate that is to be welcomed. In addition, in the pig world, pigs with resistance to porcine reproductive and respiratory syndrome, PRRS, will be another good development. Anything that can reduce morbidity and mortality in the animal world is something to be welcomed. As some Members have touched on in interventions, ultimately that could also lead to a reduction in the use of veterinary medicines. That will be of benefit to the animals, but it will also be of indirect benefit to humans. If we can reduce the amount of antimicrobials used, that will mitigate the blight of antimicrobial resistance that is affecting the whole world. I firmly believe that there are indirect benefits to the human race as well.

As I have touched on, we are seeing widespread cases of avian flu across the UK, which leads me to stress to the new ministerial team that we really need DEFRA to adequately fund the Animal and Plant Health Agency. Certainly, the Weybridge headquarters in Surrey is in urgent need of refurbishment, which has been estimated at £2.8 billion. The Public Accounts Committee has looked at that, as has the Environment, Food and Rural Affairs Committee. I really push the Government to invest in the APHA to try to prevent diseases and outbreaks in the future. That is very important.

I firmly welcome anything that can reduce morbidity and mortality in farming. I speak as a vet with a lot of first-hand experience through the patients I have treated, but also through my experiences in the foot and mouth crisis of 2001. The trauma that infectious diseases can create for rural communities is something that we are still living with in Cumbria and other parts of the UK. When a farmer who is farming his or her stock gets the vets involved to treat disease, that has a toll on the vets and on the farmer. No one working there wants to see animals suffering from disease.

I firmly believe that if we can improve animal health and welfare with such technology, that will have an indirect benefit on human mental health. We on the Environment, Food and Rural Affairs Committee have looked at that in our rural mental health inquiry. If we reduce the amount of medicines, that will help animals and people.