Genetic Technology (Precision Breeding) Bill

Daniel Zeichner Excerpts

Report stage
Monday 31st October 2022 Commons Chamber

[Daniel Zeichner (Cambridge) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 2—Accounts and audit—

“(1) The Authority must keep proper accounts and proper records in relation to the accounts and must prepare for each accounting year a statement of accounts.

(2) The annual statement of accounts must comply with any direction given by the Secretary of State, with the approval of the Treasury, as to the information to be contained in the statement, the way in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(3) Not later than five months after the end of an accounting year, the Authority must send a copy of the statement of accounts for that year to the Secretary of State and to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must examine, certify and report on every statement of accounts received by him under subsection (3) above and must lay a copy of the statement and of his report before each House of Parliament.

(5) The Secretary of State and the Comptroller and Auditor General may inspect any records relating to the accounts.

(6) In this section “accounting year” means the period beginning with the day when the Authority is established and ending with the following 31st March, or any later period of twelve months ending with the 31st March.”

New clause 3—Reports to Secretary of State—

“(1) The Authority must prepare and send to the Secretary of State an annual report as soon as practicable after the end of the period of twelve months for which it is prepared.

(2) A report prepared under this section for any period must deal with the activities of the Authority in the period and the activities the Authority proposes to undertake in the succeeding period of twelve months.

(3) The Secretary of State must lay before each House of Parliament a copy of every report received by him under this section.”

New clause 4—General functions of the Authority—

“(1) The Authority must—

(a) keep under review information about the use of genetic technology in plants and animals and any subsequent development of genetic technology and advise the Secretary of State about those matters,

(b) publicise the services provided to the public by the Authority or provided in pursuance of release notification requirements or marketing authorisations under this Act,

(c) provide, to such extent as it considers appropriate, a code of practice, advice and information for persons to whom release notification requirements or marketing authorisations under this Act apply,

(d) maintain a statement of the general principles which it considers should be followed—

(i) in the carrying-on of activities governed by this Act, and

(ii) in the carrying-out of its functions in relation to such activities,

(e) promote, in relation to activities governed by this Act, compliance with—

(i) requirements imposed by or under this Act, and

(ii) the Authority’s code of practice,

(f) perform such other functions as may be specified in regulations.

(2) The Authority may, if it thinks fit, charge a fee for any advice provided under subsection (1)(c).”

New clause 5—Duties in relation to carrying out its functions—

(1) The Authority must carry out its functions effectively, efficiently and economically.

(2) In carrying out its functions, the Authority must, so far as relevant, have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed).”

New clause 6—Power to delegate and establish committees—

“(1) The Authority may delegate a function to a committee, to a member or to staff.

(2) The Authority may establish such committees or sub-committees as it thinks fit (whether to advise the Authority or to exercise a function delegated to it by the Authority).

(3) The members of the committees or sub-committees may include persons who are not members of the Authority.

(4) Subsection (1) has effect subject to any enactment requiring a decision to be taken by members of the Authority or by a committee consisting of members of the Authority.”

New clause 7—Labelling of food or feed produced by precision bred organisms—

“(1) Food or feed produced from a precision bred organism or its progeny that is placed on the market must be labelled to inform prospective purchasers that it has been produced from a precision bred organism or its progeny.

(2) The labelling required under subsection (1) must be in easily visible and clearly legible type and, where packaging is used, it must be placed on the front outer surface of the packaging.

(3) Regulations must lay down the labelling terms to be used to meet the requirements of subsection (1).

(4) Before making regulations under this section, the Secretary of State must—

(a) consult representatives of—

(i) consumers,

(ii) citizens and civil society,

(iii) food producers,

(iv) suppliers,

(v) retailers,

(vi) growers and farmers,

(vii) the organic sector,

(viii) other persons likely to be affected by the regulations, and

(ix) any other persons the Secretary of State considers appropriate; and

(b) seek the advice of the Food Standards Agency on the information to be required to be provided on labelling.

(5) Regulations under this section are subject to the affirmative procedure.”

This new clause would require the Secretary of State to make regulations about the labelling of precision bred organisms and food and feed products made from them and to consult with named stakeholders before doing so.

New clause 8—Labelling of food or feed produced by precision bred animals—

“(1) Food or feed produced from a precision bred animal or its progeny that is placed on the market must be labelled to inform prospective purchasers that it has been produced from a precision bred animal or its progeny.

(2) The labelling required under subsection (1) must be in easily visible and clearly legible type and, where packaging is used, it must be placed on the front outer surface of the packaging.

(3) Regulations must lay down the labelling terms to be used to meet the requirements of subsection (1).

(4) Regulations under this section are subject to the affirmative procedure.”

New clause 9—Power of the Scottish Parliament to legislate on the marketing of precision bred organisms—

“(1) Schedule 1 of the United Kingdom Internal Market Act 2020 is amended as follows.

(2) After paragraph 11 insert—

‘Marketing of precision bred organisms

11A The United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do not affect the operation of) any Act of the Scottish Parliament, or any subordinate legislation made under or by virtue of such an Act, relating to the marketing of—

(a) precision bred organisms, or

(b) food or feed produced from precision bred organisms.’.”

Amendment 1, in clause 1, page 1, line 4, leave out

“or a precision bred animal”.

This amendment removes animals from the scope of the Bill.

Amendment 11, page 1, line 14, at end insert—

“(2A) But for the purposes of this Act an organism is not “precision bred” if any feature of its genome results from any technique or process which involves the insertion of exogenous genetic material, whether or not such material is subsequently removed.”

This amendment would exclude the use of exogenous genetic material in the creation of precision bred organisms.

Amendment 3, in clause 3, page 3, line 35, at end insert—

“(c) the organism has been developed for or in connection with one or more of the following purposes—

(i) producing food in a way that protects or enhances a healthy, resilient and biodiverse natural environment;

(ii) growing and managing plants or animals in a way that mitigates or adapts to climate change;

(iii) producing food in a way that prevents, reduces or protects from environmental hazards;

(iv) protecting or improving the health or welfare of animals;

(v) conserving native animals or genetic resources relating to any such animal;

(vi) protecting or improving the health of plants;

(vii) reducing the use of pesticides and artificial fertiliser;

(viii) conserving plants grown or used in carrying on an agricultural, horticultural or forestry activity, their wild relatives or genetic resources relating to any such plant;

(ix) protecting or improving the quality of soil;

(x) supporting or improving human health and well-being;

(xi) supporting or improving the sustainable use of resources.”

This amendment would require that a precision bred organism has been developed to provide a public benefit, if it is to be released into the environment.

Amendment 4, page 9, line 20, at end insert—

“(za) that the precision bred traits will not have a direct or indirect adverse effect on the health or welfare of the relevant animal or its qualifying progeny,

(zb) that the relevant animal and its qualifying progeny are not likely to experience pain, suffering or lasting harm arising from or connected with fast growth, high yields or any other increase in productivity,

(zc) that the precision bred traits will not facilitate the keeping of the relevant animal or its qualifying progeny in conditions that are crowded, stressful or otherwise likely to have an adverse effect on animal welfare,

(zd) that the objective of the precision bred traits could not reasonably have been achieved by means that do not involve modification of the genome of the animal.”

The amendment requires a range of factors to be taken into account by the Secretary of State when deciding whether to issue a precision bred animal marketing authorisation.

Amendment 12, page 9, line 20, at end insert—

“(za) that the scientific evidence does not indicate that the precision bred traits are likely to have a direct or indirect adverse effect on the health or welfare of the relevant animal or its qualifying progeny, and if so”.

This amendment would prevent the Secretary of State from issuing a precision bred animal marketing authorisation if the scientific evidence indicated that the precision bred traits are likely to have a direct or indirect adverse effect on the health or welfare of the relevant animal or its qualifying progeny.

Amendment 6, in clause 26, page 16, line 29, leave out “may” and insert “must”.

This amendment would require the Secretary of State to regulate the placing on the market in England of food and feed produced from precision bred organisms.

Amendment 7, page 16, line 31, leave out “may” and insert “must”.

This amendment would require the Secretary of State to make regulations prohibiting the marketing of food or feed produced from a precision bred organism on the market in England except in accordance with a marketing authorisation, and imposing requirements for the purpose of securing traceability.

Amendment 8, page 16, line 36, after “traceability”, insert “through supply chain auditing”.

This amendment makes supply chain auditing the method of securing traceability in relation to food or feed produced from precision bred organisms that is placed on the market in England.

Amendment 9, page 17, line 1, leave out “may” and insert “must”.

This amendment requires the prescribing of requirements that must be satisfied in order for the Secretary of State to issue a food and feed marketing authorisation in relation to a precision bred organism.

Amendment 10, page 17, line 4, leave out “may” and insert “must”.

This amendment prescribes which requirements must be satisfied in order for the Secretary of State to issue a food and feed marketing authorisation in relation to a precision bred organism.

Amendment 5, in clause 43, page 28, line 6, at end insert—

“(7) No regulations may be made under this Act unless—

(a) a policy statement on environmental principles has been laid before Parliament under section 18(6) of the Environment Act 2021, and

(b) section 19 of the Environment Act 2021 is in force.

(8) Regulations under this Act must be made in accordance with—

(a) the environmental principles set out in section 17(5) of the Environment Act 2021, and

(b) Article 391 (Non-regression from levels of protection) of the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30 December 2020.”

This amendment would prevent the exercise of any powers granted by the Bill until the Government’s policy statement on environmental principles has been finalised and Ministers are under a statutory duty to have due regard to it.

Amendment 13, in clause 48, page 30, line 20, at end insert—

“(5A) Regulations may not be made under or by virtue of this section unless a common framework agreement relating to the release and marketing of, and risk assessments relating to, precision bred plants and animals, and the marketing of food and feed produced from such plants and animals, has been agreed between a Minister of the Crown, the Scottish Government and the Welsh Government.

(5B) “Common framework agreement” has the meaning given by section 10(4) of the United Kingdom Internal Market Act 2020.”

This amendment would prevent the operative parts of this Bill coming into force until a common framework agreement on the regulation of precision breeding had been agreed between the UK Government and the Scottish and Welsh Governments.

New schedule 1—The Authority: Supplementary Provisions—

“Status and capacity

1 The Authority is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.

2 The Authority has power to do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge, except the power to borrow money.

Expenses

3 The Secretary of State may, with the consent of the Treasury, pay the Authority out of money provided by Parliament such sums as he thinks fit towards its expenses.

Appointment of members

4 (1) All the members of the Authority (including the chairman and deputy chairman who are to be appointed as such) are to be appointed by the Secretary of State.

(2) The following persons are disqualified for being appointed as chairman or deputy chairman of the Authority—

(a) any person who is, or has been, concerned with the creation, release or marketing of plant or animal organisms, gametes or embryos created using genetic technology, and

(b) any person who is, or has been, directly concerned with commissioning or funding any research involving such creation, release or marketing, or who has actively participated in any decision to do so.

(3) The Secretary of State must secure that at least one-third but fewer than half of the other members of the Authority fall within sub-paragraph (2)(a) or (b), and that at least one member falls within each of paragraphs (a) and (b).

5 (1) A person (“P”) is disqualified for being appointed as chairman, deputy chairman, or as any other member of the Authority if—

(a) P is the subject of a bankruptcy restrictions order,

(b) in the last five years P has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has had a qualifying sentence passed on P.

(2) For the purposes of sub-paragraph (1)(b), the date of conviction is to be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

(3) In sub-paragraph (1)(b), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine.

Tenure of office

6 (1) Subject to the following provisions of this paragraph and paragraph 7, a person holds and vacates office as a member of the Authority in accordance with the terms of his appointment.

(2) A person may not be appointed as a member of the Authority for more than three years at a time.

(3) A member may at any time resign his office by giving notice to the Secretary of State.

(4) A person who ceases to be a member of the Authority is eligible for re-appointment (whether or not in the same capacity).

(5) A person holding office as chairman, deputy chairman or other member of the Authority is to cease to hold that office if the person becomes disqualified for appointment to it.

(6) If the Secretary of State is satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for six consecutive months or longer without the permission of the Authority, or

(b) is unable or unfit to discharge the person's functions as chairman, deputy chairman or other member,

the Secretary of State may remove the member from office as chairman, deputy chairman or other member.

(7) The Secretary of State may suspend a member from office as chairman, deputy chairman or other member of the Authority if it appears to him that one of the conditions in paragraph (6) is or may be satisfied in relation to the member.

7 (1) This paragraph applies where the Secretary of State decides to suspend a member under paragraph 6(7).

(2) The Secretary of State must give notice to the member of the decision and the suspension takes effect on receipt by the member of the notice.

(3) A notice under subsection (2) is treated as being received by the member—

(a) in a case where it is delivered in person or left at the member's proper address, at the time at which it is delivered or left;

(b) in a case where it is sent by post to the member at that address, on the third day after the day on which it was posted.

(4) The initial period of suspension must not exceed 6 months.

(5) The Secretary of State may review the member's suspension at any time.

(6) The Secretary of State must review the member's suspension if requested in writing by the member to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.

(7) Following a review the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the member for another period of not more than 6 months from the expiry of the current period.

(8) The Secretary of State must revoke the suspension if at any time—

(a) he decides that neither of the conditions mentioned in paragraph 5(5) is satisfied, or

(b) he decides that either of those conditions is satisfied but does not remove the member from office as chairman, deputy chairman or other member of the Authority.

Disqualification of members of Authority for House of Commons and Northern Ireland Assembly

8 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) the following entry is inserted at the appropriate place in alphabetical order—

“The Genetic Technology Authority”.

Remuneration and pensions of members

9 (1) The Authority may—

(a) pay to the chairman such remuneration, and

(b) pay or make provision for paying to or in respect of the chairman or any other member such pensions, allowances, fees, expenses or gratuities,

as the Secretary of State may, with the approval of the Treasury, determine.

(2) Where a person ceases to be a member of the Authority otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Authority may make to him a payment of such amount as the Secretary of State may, with the consent of the Treasury, determine.

Staff

10 (1) The Authority may appoint such employees as it thinks fit, upon such terms and conditions as the Authority, with the approval of the Secretary of State and the consent of the Treasury, may determine.

(2) The Authority must secure that any employee whose function is, or whose functions include, the inspection of premises is of such character, and is so qualified by training and experience, as to be a suitable person to perform that function.

(3) The Authority must, as regards such of its employees as with the approval of the Secretary of State it may determine, pay to or in respect of them such pensions, allowances or gratuities (including pensions, allowances or gratuities by way of compensation for loss of employment), or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

(4) If an employee of the Authority—

(a) is a participant in any pension scheme applicable to that employment, and

(b) becomes a member of the Authority,

he may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if his service as a member of the Authority were service as employee of the Authority, whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 7 above.

Proceedings

11 (1) Subject to any provision of this Act, the Authority may regulate its own proceedings, and make such arrangements as it thinks appropriate for the discharge of its functions.

(2) The Authority may pay to the members of any committee or sub-committee such fees and allowances as the Secretary of State may, with the consent of the Treasury, determine.

12 (1) A member of the Authority who is in any way directly or indirectly interested in a release notification or marketing authorisation under this Act must, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest to the Authority.

(2) Any disclosure under sub-paragraph (1) above must be recorded by the Authority.

(3) Except in such circumstances (if any) as may be determined by the Authority under paragraph 9(1) above, the member must not participate after the disclosure in any deliberation or decision of the Authority with respect to the release notification or marketing authorisation, and if he does so the deliberation or decision is of no effect.

13 The validity of any proceedings of the Authority, or of any committee or sub-committee, is not affected by any vacancy among the members or by any defect in the appointment of a member.

Instruments

14 The fixing of the seal of the Authority must be authenticated by the signature of the chairman or deputy chairman of the Authority or some other member of the Authority authorised by the Authority to act for that purpose.

15 A document purporting to be duly executed under the seal of the Authority, or to be signed on the Authority’s behalf, may be received in evidence and is deemed to be so executed or signed unless the contrary is proved.

Investigation by Parliamentary Commissioner

16 The Authority is subject to investigation by the Parliamentary Commissioner and accordingly, in Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the authorities subject to investigation under that Act), the following entry is inserted at the appropriate place in alphabetical order—

“Genetic Technology Authority”.”

Amendment 2, in title, line 2, leave out

“and animals, and the marketing of food and feed produced from such plants and animals”

and insert

“, and the marketing of food and feed produced from such plants”.

This amendment, which is contingent on Amendment 1, would change the long title to reflect the removal of animals from the scope of the Bill.

[Daniel Zeichner]

This Bill is now on its third Secretary of State, and I think the Minister of State, Department for Environment, Food and Rural Affairs, the right hon. Member for Sherwood (Mark Spencer), is the fourth Minister to speak to it.

I welcome back the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Taunton Deane (Rebecca Pow), who took the Environment Act 2021 through Committee. She will be delighted to know that I will never cease to remind her that the Government’s 25-year environment plan was supposed to be for 25 years, not to take 25 years.

On Friday, we once again saw why the Conservatives cannot be trusted on the environment. They are breaking their own law by failing to come up with critical air, water and biodiversity targets on time. On the same day, the Prime Minister gave up on the UK’s leadership role on climate change by ducking COP27.

When the Government bring forward such a vague, thin Bill, asking the country to trust them to get the secondary legislation right, they can hardly be surprised that people are sceptical, and we are. Their failure fails Britain, and we all deserve better. This is an important Bill that, with the right regulatory safeguards, will reassure the public and provide the right environment for the research and investment we all want to see. Labour is pro-science and pro-innovation, but we also know that good regulation is the key to both innovation and investor confidence.

This Bill concerns our food. After 12 years of Conservative government, people are fighting to keep their head above water against the rising tide of inflation, which is even higher for essentials such as food. It is no exaggeration to say that people are at breaking point, and the fears for this winter are very real. Despite the possible gains that science and innovation might bring, this Bill does not bring urgent relief to families across the country, but it is an important step in enabling scientific advancements with the potential to deliver huge benefits by helping us to produce our food more efficiently and sustainably.

Labour Members are enthusiasts for science and innovation, which can help to find ways to maintain and improve the efficiency, safety and security of our food system, while addressing the environmental, health, economic and social harms that the modern system has unfortunately caused. These are the challenges that Henry Dimbleby’s national food strategy set out to tackle, but the Government have, of course, completely failed to engage with it seriously.

However, alongside the challenges, there are opportunities. The UK has the opportunity to create a world-leading regulatory framework that others would follow. Even though they rejected them in Committee, there is still time for the Government to accept the improvements that we and many stakeholders believe are necessary to achieve that goal.

--- Later in debate ---

[John Spellar (Warley) (Lab)]

I am grateful to my hon. Friend for the constructive, pro-science approach that he is taking—it is not surprising, given the constituency he represents. Do we not also need to learn from the experience of the vaccine taskforce, which demonstrated how we can achieve results at pace without in any way infringing on safety and while still applying proper regulation? Is that not the challenge for the Government tonight?

[Daniel Zeichner]

My right hon. Friend, as always, speaks good sense. He is absolutely right; with focus and a proper attempt to meet the challenges we face, it is remarkable what can be done. But this needs leadership and, as ever, it is missing.

Let me turn in detail to the public interest test and our amendment 3. The potential benefits of gene edited crops include creating plants resistant to extreme weather conditions and diseases, which could reduce the need for pesticides and create higher yields to address rising food insecurity driven by climate change and other factors. Genetic editing could also be used to improve the nutritional quality of food. For example, giving farmers the tools to beat virus yellows without recourse to neonicotinoids is a prize worth having.

However, we must recognise that any new technology also carries risks: risks of unintended consequences; risks of technology being misused; and risks of commercial pressure being exerted in ways that might not be for the benefit of the wider public. Those are all risks that must be properly recognised and addressed, because unless public and investor confidence is maintained, research will stall and opportunities will be squandered. Unfortunately, the Government’s blind faith in the market means this is a laissez-faire, minimalist Bill, which does not come close to an effective regulatory framework to guide and oversee the work of researchers and developers.

Amendment 3 would therefore require that a gene edited organism has been developed to provide one or more of the public benefit purposes listed, if it is to be released into the environment. The amendment neatly recycles much of the wording in section 1 of the Government’s own Agriculture Act 2020, which lists the public goods that can be funded. We are simply applying the same approach to the development and use of gene editing technologies. We believe they should be used only where that is clearly in the public interest, including, for instance, in protecting a healthy, resilient and biodiverse natural environment; mitigating climate change; improving the health or welfare of animals or plants; and supporting human health and wellbeing.

[Kerry McCarthy (Bristol East) (Lab)]

During the Bill Committee, we heard that one of the potential benefits of these innovations was a possible reduction in the overuse of antibiotics on farms, because we would be able to breed things that are more resistant to disease. Although I welcome that, does my hon. Friend share my concern about the comments on antibiotics made by the new Secretary of State for Environment, Food and Rural Affairs, the right hon. Member for Suffolk Coastal (Dr Coffey), when she was briefly Health Secretary? Is he concerned about her seemingly relaxed attitude towards these entering the food chain and the impact on public health?

[Daniel Zeichner]

I am grateful to my hon. Friend for her intervention. She is absolutely right; people should not be careless about antibiotics and that was not an approach to be encouraged at all. I share her concerns.

Amendment 3 would strengthen the Bill by harnessing the good that can be created through such technologies and ensuring that they are not developed and used for purposes that would not deliver beneficial outcomes—surely that is an objective we can agree on across the House. We believe that would take the Bill much further forward in establishing the kind of regulatory framework that really would place the UK in a leading position. That sits alongside our new clauses, which would establish a single, robustly independent regulator, along the lines of the very successful and genuinely world-leading Human Fertilisation and Embryology Authority. That regulator does not just approve an application, but tracks, traces and checks over time. That is an important and very different approach, and one discussed in Committee by expert witnesses.

Our new clauses would ensure that Ministers’ decisions on gene editing are properly guided by the environmental principles set out under the Environment Act 2021, and that there is no regression from the environmental standards agreed in the trade and co-operation agreement, which is pretty important when it comes to trade issues. Our new clauses would build an environment in which the UK really could attract the worldwide talent and investment in gene editing research and development that we all want to see.

On animal health and welfare, I turn to our amendment 4, which I am delighted to see has been endorsed by Compassion in World Farming and 12 other animal protection organisations, including the Royal Society for the Prevention of Cruelty to Animals and the Conservative Animal Welfare Foundation. The amendment would require a range of animal health and welfare factors to be taken into account by the Secretary of State when deciding whether to issue a marketing authorisation for a gene edited animal. We appreciate that gene editing can be used in the same way as “traditional” selective breeding to produce fast growth, high yields and large litters, which, sadly, we also know are capable of causing suffering in farmed animals.

Clearly, we have existing legislation to protect animal health and welfare, but the concern is that we should be very clear at the outset that we do not want to see gene editing used in ways that make it more possible for animals to endure harm and suffering. As the Nuffield Council on Bioethics put it,

“animals should not be bred merely to enable them to endure conditions of poor welfare more easily or in a way that would diminish their inherent capacities to live a good life.”

Some researchers aim to use gene editing to improve disease resistance in livestock. Of course, that could be hugely beneficial and could help to reduce the serious harm caused by the overuse of antibiotics, for instance. It would be hugely beneficial if we could find ways to tackle porcine reproductive and respiratory syndrome in pigs or avian flu. But the public would not want to see gene editing used to allow animals to be kept in poorer, more crowded, stressful conditions by making them resistant to the diseases that would otherwise result.

[Jim Shannon (Strangford) (DUP)]

When it comes to this genetic technology, the farmers I represent are keen to see this happening in a way that does not harm their animals. They are not out to harm them; they want to protect them. I know that the Minister understands that, as my local farmers and I do. Does the hon. Gentleman agree that the farmers do not want to see anything happening that will harm the animals?

[Daniel Zeichner]

I am grateful to the hon. Gentleman for making that point, but of course there are always economic pressures and this is about making sure we guard against those. The Minister will be familiar with the chlorine-washed chicken debate, where lower welfare standards are disguised and the Government are always at pains to assure us, “We’re not going to tolerate that.” So they must not allow new scientific developments to be the tech equivalent; there must be no backsliding.

Referring to the power of gene editing to reduce the risk of disease, Nuffield’s 2016 ethical review of genome editing highlighted the problem. It said:

“If this risk were reduced or removed altogether then it might be easier to pack more animals together in crowded spaces.”

That is the concern, so let us guard against it. We believe we can create a regime that can do much better than that, but it requires this Bill to be strengthened to make it happen.

On transparency and labelling, the research carried out by the Food Standards Agency and others has clearly found that although consumers support genetically edited foods having a different regulatory system from genetically modified foods, they overwhelmingly want effective regulation of gene edited products, with transparent information and clear labelling.

The Government are trying to gloss over the issues by inventing the entirely non-scientific term “precision breeding”. I could speak at length about this term; I will not, but there is much dispute about it. It is a term without clear scientific meaning. Frankly, it has been invented by the Government for their convenience and is a misnomer. Telling us in a rather paternalistic tone that we need not worry because there is no difference between gene edited or traditionally bred crops and livestock does not convince. There is a risk that, as worded, the Bill will allow trans-genetic transfer—effectively, GM through the back door. I know the Government deny and dispute that, and we had a lengthy discussion about it in Committee, but I and many others remain unconvinced.

Leaving that matter aside, it is perfectly reasonable for people to want, and to be able to know, how their food has been produced. Clear labelling is the way to deal with another potentially difficult issue: the legitimately held views of different Administrations in the UK. It is fair to say that the devolved Administrations are not happy with the way in which the issue has been handled so far. I suggest that the Government tread carefully. Clear labelling is a sensible way forward.

Labour is also concerned at the number of key elements of the Bill left to secondary legislation, with little or no opportunity for scrutiny or amendment. The Government must spell out the detail to boost confidence for businesses and consumers. The organic sector and those developing cultivated meat have expressed concerns over the lack of clarity in the Bill, which once again risks driving investment and research elsewhere.

It should not be forgotten that the Regulatory Policy Committee made a damning impact assessment of the Bill, giving it a red rating because it failed to take into account the impact of creating a new class of genetically modified organism; failed to assess the impact on businesses, especially SMEs; failed to acknowledge and assess competition, innovation, consumer and environmental impacts; and failed to address the impacts arising from removing labelling and traceability requirements. I hope the Minister will address those points.

In addition to that list of failures, the Bill fails to address the trade implications of the misalignment in regulation of genetically engineered organisms between the UK’s devolved nations and with our EU neighbours. That could have a significant impact on many food businesses that are struggling to rebuild trade with EU countries despite all the self-inflicted red tape, added costs and barriers that the Government have created.

[John Spellar]

Is not the EU in a slightly difficult position because of a perverse judgment from the European Court of Justice against the views of many EU nations, which would have taken the same rational position as my hon. Friend on gene editing? If we take the lead on this issue and do not wrap ourselves up in endless judicial review and litigation, could we not work with our European neighbours and partners to bring an advance not only in this country, but across Europe?

[Daniel Zeichner]

My right hon. Friend speaks good sense once again. Of course, that quite legalistic judgment was met with surprise by many. The question is how we go forward. Others in Europe are going forward as well. I suspect that we will end up in similar places at similar times, but it would be sensible to end up in a much more similar place than looks likely if we pursue the Bill as it has been developed so far. The worry is the effects that the changes are already having on sectors such as the organic sector, which used to have exports to the EU worth some £45 million a year, according to Organic Farmers and Growers, which rightly remains concerned about the Bill as it stands.

Much more could be said on a topic that is as fascinating as it is interesting and important, but I will spare the House and direct those Members who are interested to look at the detailed discussion in Committee. Tonight I will end where I started and restate Labour’s commitment: we are pro science and pro innovation. We are in no doubt that gene editing could bring real gains in improving environmental sustainability and reducing food insecurity. Science and technology used for public good can be a huge boon, but to achieve that—to give investors, researchers and the general public confidence—we need a much stronger regulatory framework.

At the moment, as ever with this Government, the approach is simply to leave it to the market. They think that minimalist regulation is the way forward, whereas we say that good regulation is the way forward—a fundamental divide in this Chamber. I would simply say that, given the evidence from the fundamentalist deregulatory experiment carried out on our country over the last few weeks, one hopes that those on the Treasury Bench might just have learned something.

[The Minister of State, Department for Environment, Food and Rural Affairs (Mark Spencer)]

I will address new clause 1 directly. The hon. Member for Cambridge (Daniel Zeichner) said, “We are very pro science and pro this technology,” and then spent the next 15 minutes explaining why he was not in favour of this technology, so I will address some of his comments.

The objective of the Bill is to achieve proportionate regulation of precision breeding organisms, which are currently regulated as genetically modified organisms. Science is at the heart of this policy, and the Bill rightly requires the Secretary of State to make decisions based on the advice of the Advisory Committee on Releases to the Environment—ACRE—which advises on the regulation of genetically modified organisms.

--- Later in debate ---

Professor Napier’s research illustrates the situation that would arise for much of the other great research taking place across the country if the amendment were to stand. Innovation through technology such as precision breeding can help to create new markets, support a sustainable economy and help British businesses to compete globally. If we were to accept the amendment, countries elsewhere in the world with proportionate regulations would be able to use the technology with its huge potential and benefits as it develops whereas we would remain impeded by our current legislation. I hope that I have reassured my hon. Friends and hon. Members across the House and that they will not press their amendments so that we can continue to progress this important piece of legislation.

[Daniel Zeichner]

I do not have much to add and do not want to detain the House. All I will say is that I am slightly disappointed that the Minister does not feel able to join us in looking for a stronger regulatory framework. We really think that would help, and some contributions from colleagues on the Government Benches indicated that there are concerns. Ultimately, the Opposition will support the Bill tonight, but we would much prefer it if it came with the amendments that we have proposed, which would much strengthen it. We do not propose to press new clause 1, so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 9

Power of the Scottish Parliament to legislate on the marketing of precision bred organisms

‘(1) Schedule 1 of the United Kingdom Internal Market Act 2020 is amended as follows.

(2) After paragraph 11 insert—

“Marketing of precision bred organisms

11A The United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do not affect the operation of) any Act of the Scottish Parliament, or any subordinate legislation made under or by virtue of such an Act, relating to the marketing of—

(a) precision bred organisms, or

(b) food or feed produced from precision bred organisms.”.’—(Kirsty Blackman.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.