Genetic Technology (Precision Breeding) Bill (Fifth sitting)

Deidre Brock Excerpts

Tuesday 5th July 2022 Public Bill Committees

[Deidre Brock (Edinburgh North and Leith) (SNP)]

This is, of course, English legislation. As I said on Second Reading, the regulation of genetically modified foods is a devolved matter. The Scottish Government have been clear that they are opposed to GM food while they sensibly await confirmation of the EU’s position on gene editing.

The potential impact of the Bill on Scotland, through the United Kingdom Internal Market Act 2020, must be recognised and commented on. Indeed, as we have heard from the Opposition, the Regulatory Policy Committee and others, there are concerns about a variety of trade, transparency and marketing issues that were not addressed in the impact statement. The Scottish Government have been clear that we intend to stay aligned with EU regulations as far as is possible and practicable.

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

I have been listening closely to what the hon. Lady has said. At the very beginning of her speech, she said that the Scottish Government were against genetic modification or genetic editing, but in her next sentence she said, “but we are waiting to see what the EU is going to do.” Which is it? Are they against genetic editing or are they waiting to see what the EU does before they change the law in Scotland?

[Deidre Brock]

It is quite simple. We are currently opposed to GM food, but obviously we do not want to erect further barriers to our largest market, so we are waiting to see the position after the review.

The amendments and new clauses that I have tabled and which we will discuss later on seek to amend the 2020 Act to ensure that the Scottish Parliament’s authority to legislate in the marketing of precision bred organisms is respected, and seek to prevent the operative parts of the Bill from coming into force until a common framework agreement on precision breeding has been agreed between the UK Government and the Scottish and Welsh Governments. I would be grateful if the Minister, when she rises to speak, could give an explanation of why that common framework procedure was not followed before the Bill was introduced.

If the UK Government press ahead without taking such steps, we are concerned about the impact on exports due to what is currently a much higher bar for approval in the EU. We heard criticisms in the evidence sessions that the category of precision bred organisms is not recognised anywhere else in the world, and is not based on scientific criteria, which could present problems for trade in those goods. If the EU retains its current opposition to gene editing, there are, for example, concerns about the export of Scottish salmon to Europe, and to France in particular. It has been suggested that products might be considered on a product-by-product basis, but we have heard little detail and there are real questions about cost and workability.

On the need for alignment with the EU, I have tabled new clause 10, which would ensure that, if gene editing does get the green light, we ensure strong labelling and traceability. Otherwise, how do we prove to European importers, while the EU has its current approach, that the product has not been contaminated? I know that is a loaded word, but it expresses the views of a considerable number of people who are concerned about GM foods.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I am listening very carefully to what the hon. Lady is saying. Is she saying that we should not bring the regulations into force until the EU has brought its regulations into place?

[Deidre Brock]

Yes, I am. I thought I was fairly clear on that, and I think the Scottish Government’s position is very clear. I refer the hon. Member to the letter that the Scottish Government wrote to the UK Government on the issue recently.

My new clause would ensure clear and visible labelling—

[The Chair]

Order. I gently say to the hon. Lady that we are discussing the amendments before us—amendment 29, 30 and 28. I do not want her to use this debate as an opportunity to give us a taster of her future speeches. She will have plenty opportunity to make her case on her amendments. Could she make sure her remarks relate to amendments 29, 30 and 28?

[Deidre Brock]

Thank you for your guidance, Mr Davies. If the Opposition were to choose to press amendment 29 to a vote, I would support it. From the moment the Bill was published, the Scottish Government raised the issue as a direct threat to Scottish interests. The EU is not considering animals as part of its review, so the potential for the UK Government to align with our largest trading partner and its eventual position is even further reduced by this measure. I look forward very much to the Minister’s comments on those points and to the points I raise in the future.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)]

It is a pleasure to serve under your chairmanship, Mr Davies. I thank the hon. Member for Cambridge for his opening statement, which highlighted that Labour is supportive of science and innovation, and of making sure that as a country we optimise those things in which we really do excel.

I acknowledge the support that the Bill has received from the research community, industry and a broad base of stakeholders. We heard in the evidence sessions how important and exciting this area is, and about the potential benefits for the food system and the environment. None the less, at the outset, I would like to state that I appreciate the concerns raised. I hope that the debates that follow and the way in which we proceed reassure the hon. Member and others. We intend to move slowly and steadily and to follow the science.

As explained on Second Reading, the Government believe that legislation has not kept pace with developments. The existing provision is some 30 years old, and our understanding of the safety and benefits of technology such as gene editing has advanced significantly. We have already taken that first step in regulatory reform with the statutory instrument that came into force in April. It has already enabled exciting research in the hon. Gentleman’s and my part of the world, East Anglia, into high vitamin D tomatoes, which could bring health benefits to many, although I appreciate the hon. Gentleman’s observation that even in that case we need to think carefully.

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As I have said, we heard from Dr Lewis of Genus in our evidence sessions. PRRS is a truly devastating disease, taking hold of pig populations both in the intensive and extensive rearing systems across the UK, and indeed across the world. It causes high mortality, suffering and acute antibiotic use at a time when we are trying to address challenges such as antimicrobial resistance, and it costs about £1.75 billion across the European Union and the UK alone. I ask Members to consider why we would not want the Bill to allow technology to acquire the ability to alleviate the effects of disease on the health and welfare of pigs and other animals.

[Deidre Brock]

I appreciate the Minister’s enthusiasm and her ambitions for everything that the Bill might be able to achieve, but given that Europe is not looking at gene editing for animals as a part of its review—certainly not at the moment—how will that further affect our trade in animals with Europe, particularly if no labels or traceability are attached to these animals?

[Jo Churchill]

I believe that the hon. Lady has tabled amendments on that subject, and we will come on to discuss them. In my view, this is part of our responsibility, alongside that of the scientists, who are at the forefront of what they do. I would gently temper the hon. Lady’s description: this is not unbounded enthusiasm; it is pragmatism. It is about a deep belief in our science and our ability to do good; that is different from enthusiasm. We are building in transparency, and we need to utilise those skills. On my visits to these great institutes around the country, I have met scientists and researchers from across the world, not only Europe. Although I take the hon. Lady’s point about gravity economics, what we do has a broader benefit to people across the world. There are clear benefits.

We need to safeguard welfare, and that is why we have laid down in the Bill a framework for the regulatory system. It is imperative that we get this right. That is why it is important that we work with expert groups, industry and non-governmental organisations on enabling the right regulations to ensure that the system is effective, safe and workable.

All animals are protected by comprehensive and robust legislation, including the Animal Welfare Act 2006, which makes it an offence to cause any captive animal unnecessary suffering and to not provide for their welfare needs. The Bill’s system to protect animal health and welfare will work with those regulations. The Animal Welfare Act is supplemented by detailed regulations on farmed animal welfare. The Welfare of Farmed Animals (England) Regulations 2007 include specific requirements to protect animals that are bred or kept. The regulations prohibit breeding procedures that cause or are likely to cause suffering or injury. They state:

“Animals may only be kept for farming purposes if it can reasonably be expected, on the basis of their genotype or phenotype, that they can be kept without any detrimental effect on their health or welfare.”

In addition, animals used in scientific research projects, which would be the first stage of developing a breeding line using precision breeding for animals, are protected by the Animals (Scientific Procedures) Act 1986—ASPA—which was referred to in the evidence we took from the Royal Society for the Prevention of Cruelty to Animals, which was glad to see that that is the case. This legislation ensures that animals are only ever used in science where the potential harm to animals is limited, there are no alternatives, and where the number of animals is the minimum needed to achieve a scientific benefits, and that includes a harm-benefit analysis.

The measures we are introducing support the regulations by requiring an animal welfare declaration and independent scrutiny by an expert group before an animal can be marketed. We are ensuring that the health and welfare of the animal and its offspring will not be adversely affected by any trait resulting from precision breeding.

If we want to drive innovation and investment in this area while continuing to be at the forefront of animal welfare, we need to move forward and show how the best regulatory systems can work. The Bill provides a clear signal that the UK is the best place to conduct the research and bring products to market. I therefore urge the hon. Member for Cambridge to withdraw his amendment.

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[Kerry McCarthy]

When we discuss clauses 11 to 13, I might raise some examples of where I am concerned about animal welfare standards. I do not think the farm animal welfare codes are particularly effective. There was concern about seven years ago that the Government wanted to put them on a self-regulatory footing. I need to check what happened with that, because there was public outcry about self-regulation on that front. The Government did a complete U-turn, but I am not sure whether they have tried to do it by stealth in the time since. I have a mental note to check what has happened to that since I played a leading role in trying to stop it being moved to that footing.

There have been undercover exposés filmed at certain farms about the way some animals are treated. I like to think I have a very good relationship with the National Farmers Union and Minette Batters. The vast majority of farmers want to do the right thing, but looking at some of the red tractor farms that are meant to be higher welfare and seeing what is being uncovered as a result of people going and filming, we cannot be complacent. The red tractor mark is meant to be a badge that consumers can trust to mean higher welfare, but there are many examples where they do not seem to have met those standards. That is proof that something is going wrong in the system.

[Deidre Brock]

I draw attention to clause 17, which is about the importation of precision bred organisms into England in this case, although the United Kingdom Internal Market Act 2020 means that it can affect the situation in Scotland, too. I am not clear what kind of monitoring there would be of the gene editing procedures that are taking place in the countries that will be importing those organisms into the UK.

[Kerry McCarthy]

That is a fair point. Hopefully we will come to that when we get to clause 17.

To conclude, Joanna Lewis at the Soil Association talked about this “unhelpful trajectory”, and how that is in conflict with the Government’s goals on the sustainable farming transition. She says:

“We therefore need to ensure that we are not accelerating that trend through carte blanche deregulation.”—[Official Report, Genetic Technology (Precision Breeding) Bill Public Bill Committee, 28 June 2022; c. 56, Q92.]

I agree. She goes on to say that there is an opportunity to put good governance at the heart of the Bill, and to get that public interest test in there, which I support.