Genetic Technology (Precision Breeding) Bill (Fifth sitting)

Debate between Daniel Zeichner and Colleen Fletcher

Tuesday 5th July 2022 Public Bill Committees

[Colleen Fletcher]

I apologise for the inappropriate language, Mr Davies; I am just getting a bit over-excited. The hon. Gentleman is asking us to include a legalistic definition of nature. I have scrutinised the Bill quite carefully, and I believe that it has sufficient protections to replicate the best parts of nature. That is why I was looking the way I was.

[Daniel Zeichner]

I am grateful for the intervention—enthusiasm is welcome. The hon. Lady gets to the nub of the point: it is very difficult to describe in law—which is what we as legislators are trying to do—the complexities of the natural world. I suspect that we will probably go around in circles on this, but my point is that the reliance on the notion of something occurring naturally would make the law difficult to interpret—that is key. That is why it is hard for legislators to pin those things down, and I have some sympathy with who have had to capture them in drafting the Bill.

As I am sure the Committee will remember, I pressed Professor Henderson on that point. He said:

“The Bill is designed not to allow exogenous material”.

That is not explicitly coded in the Bill, however. He also said that this is

“something of a grey area.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 15, Q18.]

He was absolutely right about that. He said that transgenesis can occur naturally, and he drew a distinction between intentional and unintentional transfer, which, again, I can understand.

I appreciate that, as the hon. Member for South Ribble implied, the distinction is complicated and messy, but it is important. Unfortunately, although that is the distinction that the Government have presented in the Bill, not only does it not appear in the Bill, but it is contradictory. As we read it, it seems that transgenesis is possible under the Bill, so long as it could have occurred naturally or through traditional breeding processes. I appreciate that it is difficult, but I ask the Minister to explain today how her earlier remarks, and the remarks made by others—that gene editing does not involve introducing DNA from one organism into another—are reflected in the Bill. I do not think they are.

The other related point is the general looseness of the definitions in the Bill. I am sure we all recall the striking evidence from Dr Edenborough QC, a distinguished lawyer, who may well end up advising on how disputes in this area might be resolved. That is an important point: we are setting the law, but others will then interpret it. If it is not clear, we will see trouble ahead.

As Dr Edenborough explained in the evidence session,

“‘could have resulted from’ is staggeringly imprecise. Is that ‘likely’? Is that ‘very possible’? What level of probability is it?”—Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 30 June 2022; c. 125, Q199.]

In essence, he raised that many things that would be permissible under the Bill and qualify as precision bred organisms would be unclear. The Government need to clarify what they intend here. Without clarity, there is a real risk of challenge. That goes back to my opening point, and I think it will be a thread running through our debates. With the lack of clarity comes uncertainty, and with uncertainty comes a risk to investment, which is exactly opposite to what the Bill is designed to achieve.

That is why we have tabled the amendments—to try to bring the Bill in line with the distinctions the Government have themselves drawn between genetic editing and genetic modification. The amendments would tighten up the Bill, provide clarity of purpose and bring the Bill in line with the Government’s stated aims.

Amendment 1 explicitly rules out transgenesis by adding a new subsection to clause 1, while amendment 2 amends the definition in the subsection (8) definition of “modern biotechnology” to exclude the introduction of “exogenous genetic material”. Both amendments would bring the Bill into line with the stated objectives of the Government. We will seek a division on amendment 1, although I am happy to withdraw amendment 2. We hope the Government can support us on amendment 1.