Genetic Technology (Precision Breeding) Bill (Fifth sitting)

Kerry McCarthy Excerpts

Tuesday 5th July 2022 Public Bill Committees

[Daniel Zeichner]

Good morning to you, Mr Davies, and to everybody. I think this will be an interesting and, I hope, fruitful discussion. It is a fascinating subject, and it is a pleasure to serve with you in the Chair, Mr Davies.

At the outset, let me start by repeating Labour’s mantra on this Bill. We are pro science, pro innovation and we want Britain’s scientists to succeed and to be at the very forefront of development. We want the investment, but we argue that investment comes from regulatory certainty and clarity. We are concerned that the Government have sadly failed to provide that. As a consequence, the risk is that, far from getting ahead, the UK gets caught in a paralysis, as investors look to see what others are doing and put developments on hold. This legislation really matters.

I hope that the Government will weigh carefully the superficially attractive benefits of moving quickly in search of what they claim to be a Brexit opportunity against the longer-term benefit of getting it right. The genetically edited tortoise versus the selectively bred hare, or vice versa one could perhaps say.

We are particularly concerned about the place of animals in the Bill, so we are starting with what could be described as a veritable blockbuster group of amendments, which would frankly remove animals from the scope of the Bill. We think that that is appropriate for several reasons. We recognise that the Government may not agree with us on this, and in the unlikely possibility of their winning the votes, we have tabled many further amendments to later clauses that we think will strengthen the framework of the genetic editing of animals, which will be discussed later. We have done this, because as I said on Second Reading, we think that the Government have got it the wrong way round on animals.

All the secondary legislation that has preceded the Bill was really about plants, not animals. Likewise in much of the discussion ahead of the Bill, much of the Government’s language again focused on plants. The consultation that was held by the Department for Environment, Food and Rural Affairs referenced animals, but I would say in passing that at the time that did not seem to be the main focus of attention. It was a surprise to many in the House, as well as to concerned outside stakeholder and advocacy groups, that the Government chose to include animals in the Bill as they have.

When we look at the Bill, there is some evidence of the lack of really concrete provisions in the vague and non-committal timeframes offered by the Government, and the admission that much of the preparation necessary for a regulatory framework for animals has not yet been done. A document that I hope Members have had the opportunity to read is the impact assessment. If we want to know what the Government are really thinking, it is not in the Bill, but in the impact assessment, and I will reference it many times.

A good example of the point that I am making is on page 41 of the impact assessment, right at the top, in paragraph 109:

“Despite the potential benefits accrued by applying changes to the GMO regulations in animals, there is currently high risk of considerable consumer backlash in altering their regulations.”

The Government are well aware of the risks, and we are as well.

The Bill is in effect a framework Bill, with little detail on actual intentions and provisions laid out in law. It delegates a broad set of sweeping powers to Ministers not only to bring in a lot of secondary legislation, but to amend primary legislation with a Henry VIII clause hidden further on, which we will debate later.

The impact assessment lays out some further detail on the powers in the Bill. Again, it explicitly states on the secondary power contained in it that

“an understanding of the impacts of these provisions is not fully developed”—

so, not fully developed—

“A full understanding of the impacts will be developed ahead of any of the provisions being tabled, with impact assessments for each developed for scrutiny.”

That is on page 38, in paragraph 97. In the Government’s own impact assessment of the Bill, they are admitting that a huge amount of work still needs to be done.

The Government also know, as we well know from the many discussions we have had in this very room on secondary legislation, that it is slightly disingenuous of them to suggest that we will have further discussion because, with secondary legislation, we know full well that there is no ability to amend and, frankly, fairly limited opportunity to scrutinise. Given that the issues are big, complicated and of public interest, I do not think that that is good enough.

Those who have looked at our procedures and at the way we operate in this House have said before that, if the Government intend to do that kind of thing, they could have drafted statutory instruments in advance, for example, but none of that has happened. The Bill is in essence a framework Bill, and as others have argued elsewhere, that is not the right way to do legislation. That is important not just in principle, but because the Bill is a significant piece of legislation. It could—will—have wide-ranging impacts on our food system, on the health and welfare of animals in this country and, as I have argued before, on the investment climate.

As has been raised numerous times, both on Second Reading and by many of the witnesses in the evidence sessions—those excellent sessions we had—the public have real concerns about the technology, in particular about its application to animals. Again going back to the impact assessment, paragraph 9 on page 11 states:

“Historically, ethical concerns have dominated the GM space, preventing proper consideration of scientific evidence.”

In itself, that is an interesting sentence, although not one I would recommend: to suggest that ethical concerns should not be considered in the broader debate is not a good starting point. It is a clumsy observation.

[Kerry McCarthy (Bristol East) (Lab)]

I share my hon. Friend’s concern about that point. We heard from several witnesses that we should be talking about animal welfare not in this Bill, but in connection with other legislation, such as the Animal Welfare Act 2006 or the farm animal welfare codes. That is almost, “Put that to one side; this is just about the science.” Does he share my concern that we are not looking at the Bill in the round and considering those ethical issues?

[Daniel Zeichner]

As ever, my hon. Friend speaks good sense. She is absolutely right. There is huge interest and I think understanding among the public of the potential benefits and of the potential risks. That is why we should have a proper discussion and debate in the round. We will keep coming back to that today and on further days, as we try to discern the Government’s thinking from the Bill. We have to work quite hard to understand the wider framework within which this sits, and the overall impact it will have. We will keep coming back to that, so I very much agree with her.

To go back to the impact assessment, at paragraph 122, again there is recognition that public acceptance remains uncertain, with the document referring to

“public scepticism and non-acceptance of GE products, including those that qualify as PBOs”—

precision bred organisms.

The Government are also clear—as are we—about the potential benefits and the need to weigh them proportionately with the risks. We would argue that to do so, and to ensure public confidence, the Government need to be absolutely transparent and explicit about the changes they are seeking to make. As I have indicated, however, that is not really going on at the moment. It seems that we are being asked to vote for a blank cheque that would give the Government the power to set up any regulatory framework that they desire, without proper discussion about the merits of one particular framework over another.

That was made clear in evidence, particularly that of Professor Gideon Henderson, the chief scientific adviser at DEFRA, who said:

“The passage of this Bill has pointed to those problems in animal welfare and made them clearer, and made it necessary to deal with them quite explicitly before we can enact legislation about precision breeding for animals.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 18, Q26.]

I quite agree. He also said that the process of considering the evidence on animal welfare

“will have to take place before secondary legislation can be enacted. The process for that is laid out in the Bill, and the timescale will be something like two to three years where scientific input will feed in.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 17, Q24.]

We know that the Government’s thinking is that that would take some years—possibly two to three; possibly longer—but no such process or timescale is laid out in the Bill. If more time is needed to get the provisions right, why not focus on doing that rather than asking us, essentially, to allow them to pass and to ask questions only afterwards? I do not think that is how we get good legislation, and even more worryingly, that is not how we maintain public confidence. This is quite a big decision, as these matters are a big part of the Bill, but we have reluctantly come to the conclusion that animals should be excluded for now, until DEFRA and the Government have carried out the very large piece of work that they clearly and self-evidently need to do—as they admit—before they are ready to come back to the House with concrete proposals.

Amendment 29 would remove “or a precision bred animal” from the definition of “precision bred organism” in subsection 1(1). That term will itself be subject to further discussion in a few minutes, but I think that the effect of the amendment is clear.

Amendment 30 would remove paragraph 1(7)(b) and is consequential on amendment 29. Should the amendments be successful, there would need to be many further consequential amendments later in the Bill, but rather than putting the Clerks to the task of considerable further drafting work, we thought it might be sensible to test the water first. Consequently, we will not press amendments 29 and 30 to a vote, but we will test the view of the Committee with amendment 28, which can be found the end of the amendment paper and would amend the Bill’s title to remove references to animals.

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[Daniel Zeichner]

Amendments 32 and 10 concern the requirements for releasing a precision bred organism. I go back to my mantra—we are pro-science and pro-innovation. We want to find ways to maintain and improve the efficiency, security and safety of our food system, while addressing the environmental and health damage that the modern food system has sometimes created.

In our view, the UK has the opportunity to create a world-leading regulatory framework that others would follow and that provides a clear public good. We recognise that the laws need to be updated to match current scientific understanding, as we talked about earlier. We want our scientists to succeed, and we want them to use their skills for good here in the UK.

To get the legislation right, the Government must balance several risks and benefits. Without consumer and business confidence, we fear we will not see that innovation happening here in the UK and we will not see the subsequent improvements to environmental sustainability and better food security that we all seek.

We want the UK to prioritise innovations that provide public benefit and prosperity. There are so many good examples happening across the country, including in my constituency of Cambridge. The Minister has already referred to the many examples presented to us in the evidence sessions last week. I pay tribute to the passion, expertise and dedication that all those people bring to their work.

I was particularly struck by the evidence given by Bill Angus, in which he noted the motivations behind the work he does as a wheat breeder and as vice-chair of the International Maize and Wheat Improvement Centre in Mexico, and the passions that drive it. Likewise, Professor Giles Oldroyd gave compelling evidence on the work being done at the University of Cambridge, focusing on improving the sustainability of farming systems and, in particular, removing the need for inorganic fertilizers. Those are clearly areas where gene editing could bring significant benefits for environmental sustainability and in reducing food insecurity across the world. Those should be the innovations that are championed.

However—there is always a “however”—we also heard evidence that while gene editing could be used for good, it could be used for ends that to many of us do not seem so desirable. I found the evidence from Peter Stevenson of Compassion in World Farming very persuasive. Here I am thinking of some of the harmful impacts that, sadly, traditional breeding methods have wrought on different animal species, whether that is farm animals that have been bred to produce high yields, which shortens their lifespan, or companion animals such as dogs, which have been bred to have bodies so small that they can barely sustain their internal organs. There is a risk that the Bill could be used to breed animals in a way that meant they would suffer more or be made to tolerate harsher conditions.

There is widespread agreement across the House that we are proud of the animal welfare and environmental standards that we have in the UK, but we know that not all countries around the world share that ethos or those aims, and that they might have different intentions for these new technologies. The question we pose in our amendments is, how can we ensure that the technology is used for good here in the UK, and who decides what that good might be?

The Bill includes some animal welfare tests, which we welcome—we shall discuss them in more detail later—but that is about it. There is a question in my mind: is development of further herbicide-resistant crops allowing more herbicide to be used, not less, what we really want to see? I do not think so. Are there tests in the Bill to stop that? That is where, again, I worry. I am not convinced, although I am happy for the Minister to point those tests out.

Our amendments propose something more explicit. Amendment 32 would create a public benefit test before precision bred organisms could be authorised and released. An organism would have to have been developed for any of the purposes described in the amendment, and I am sure all members of the Committee agree that that is an excellent list. Sharp-eyed Members might think that they have seen the list before. Labour Members are keen recyclers, and Government Members will be delighted to know that those worthy goals have been lifted from the Agriculture Act 2020. The added benefit is that that makes it all much easier for Conservative Members to support all this. What is not to like in the proposal?

The amendment would ensure that we got the most out of the Bill. As Professor Sarah Hartley of the University of Exeter said in evidence:

“The Bill enables science to develop in this area, but it does not enable us to direct the science and technology towards doing any good. That would require a different form of governance.”––[Official Report, Genetic Technology (Precision Breeding) Bill Public Bill Committee, 30 June 2022; c. 123-24, Q193.]

That is the key point, but there is nothing in the Bill to ensure that that will happen. Members might remember the exchange I had with the scientist who is developing the tomato with added vitamin D. I love the enthusiasm of scientists, which is fantastic, but they are great optimists in many ways, and they assume that everyone is, like them, developing positive stuff that will be good for the world. I hate to enlighten them about the fact that there are people out there who do not take exactly the same view.

When making legislation, we have to ensure that, as well as welcoming those who are undoubtedly trying to do good, we guard against those who are not. Amendment 32 would strengthen the Bill, harness the good that can be created through such technologies, and properly encode the Government’s stated aims for the Bill in the text itself.

Amendment 10 concerns the notification requirements for the release of a precision bred organism. The secondary powers in clause 4 are important, as they will specify the information that a notifier is required to disclose before releasing a precision bred organism. That is important not just to ensure that concerned members of the public remain informed, but also for what is termed “co-existence”—the ability of organic growers to maintain the integrity of their product.

We heard evidence from representatives of the organic sector. They made it clear that they cater to a group of people who do not want to see genetically modified or edited organisms in their food. Whatever our wider view of the Bill, I think we can all agree that those people have a right to that choice. With thorough information in release notices, organic farmers can make informed decisions about their crops or animals, take the necessary measures, and track their supply chain. That is an important set of issues, and given the clause’s importance, we believe that any powers created through it should be properly discussed and given proper scrutiny by this House rather than being waved through.

I fear that we will make a number of similar points as we discuss whether legislation should be decided via the negative or the affirmative procedure. It would have been helpful and desirable for the Committee to have had details on the powers, rather than being asked to give the Government a blank cheque to do what they think is best. In the absence of any detail, I think that we should be able to debate and scrutinise the secondary legislation when it is laid before the House. That is what amendment 10 would secure.

Although we will not necessarily press both amendments to a vote, I think amendment 10 is sufficiently significant for us to divide the Committee, but let us see what the Minister says.

[Kerry McCarthy]

In speaking to amendment 32, my hon. Friend the Member for Cambridge quoted oral evidence. I had a bit of a Twitter conversation with David Rose, professor of sustainable agricultural systems at Cranfield University. He was due to give evidence but could not because of ill health. Professor Rose said that the Government have not considered how the Bill will lead to more sustainable agriculture, and that, although gene editing does have potential, it could, if used badly, make agriculture less sustainable.

Professor Rose posed a number of questions. What is gene editing for? That goes to the very heart of what the Committee is trying to nail. Who benefits? Will it reduce chemical use? Will it facilitate further monoculture? Will it intensify animal protection? The fact that those questions and concerns exist mean that gene editing could be used for good or for bad, so it would be helpful to have a public interest test in the Bill.

The Agriculture Act 2020 contains very clear tests on public money for public good, and establishes quite a clear idea of what is regarded as a public good in food and farming—certainly in how people farm their land, although not so much on the animal side of things. There is concern, however, that the Government are rowing back a little on that agenda as they start to consider how to distribute subsidies to farmers.

As we look at the more technical side of things, it would be good to reiterate that the Government do see that there is a need to promote the public good with regard to this legislation. Sue Pritchard, chief executive of the Food, Farming and Countryside Commission—with whom I am sure the Minister is familiar—agreed with Professor Rose, saying that his comments were “consistent” with the Food, Farming and Countryside Commission consultation response; she also agreed that DEFRA must anticipate good and bad consequences. That is our concern: while we have heard lots about the potential, it is just not clear that the safeguards are there against potential misuse of the legislation.

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[Fay Jones (Brecon and Radnorshire) (Con)]

Can the hon. Lady provide the Committee with more evidence for her assertion that we are moving to an American or Australian system of farming? None of my farmers want to deviate from any of their world-class standards, so I am curious about where she gets that idea from.

[Kerry McCarthy]

We have seen planning applications, for example, for huge pig farms where there have been lots of concerns about the impact on the local environment. One of the problems is that although those planning applications can be rejected on the grounds of the environmental impact—slurry leaking into the soil and the water supply, for example—they cannot be objected to on animal welfare grounds. There are quite a lot of examples of that happening. I have also been to chicken farms with high numbers of chickens kept in close confinement and a high turnover, as it takes 28 days to bring a chicken up to market weight. My concern is that if gene editing allows us to accelerate that process even further, the sheer number of animals involved could lead to welfare concerns.

There were also some very good arguments that gene editing could reduce the need for antibiotics. It would allow us to deal with disease at source, so we would not have to worry so much about disease spreading. Obviously, reducing antibiotics use would be very good, given the impact it can have on human health if it leaks into our food supply chain. At the same time, though, if we are less worried about disease spreading among animals because we have managed to breed out that concern, that could open the door in some sense to putting an awful lot more animals in close contact and, perhaps, not being as worried about husbandry.

I think it is very good that, for the most part, British farmers do not want to go down that American route. We had that argument over the Agriculture Act and the Trade Act 2021—about protecting standards and trying to support British farmers who do not want to do that. That is a very good thing. However, given the possibility that British farmers will have to compete with imports that are produced to lower standards, there may be some who do want to go down that route. We see that with some food producers because they want to be able to produce more cheaply.

As my hon. Friend the Member for Cambridge said, scientists want to do the right thing and use gene editing for the right purposes. By and large, farmers in this country also want to do the right thing and farm to good, sustainable standards. However, if market forces are against them, there will always be the temptation to take advantage of being able to put animals in close contact; there will always be some people who choose to do that. I do not see the harm in trying to have safeguards in the Bill to prevent that. That is not to say that everyone will try if the safeguards are not there.

[David Duguid (Banff and Buchan) (Con)]

Further to the question of my hon. Friend the Member for Brecon and Radnorshire, I am struggling to see where the evidence is that, through the passage of the Bill, our animal welfare standards, which are covered by other legislation, would somehow be cancelled out.

[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.

[Jo Churchill]

Amendment 32, as I understand it, would embed public interest into the Bill. We are very much aligned with the intentions behind the amendment, and are already undertaking a range of work across Government that delivers public good. Some of those have been mentioned. We want precision breeding technologies to deliver real benefits. They are a vital part of toolkit to deliver benefits for our food system and the environment. The hon. Member for Bristol East said—rather, implied—that our farmers were not doing the right thing.

[Kerry McCarthy]

indicated dissent.

[Jo Churchill]

Well, if they are doing the right thing and our researchers are, too, there is no need for that reassurance in the Bill. Throughout the Bill there is the PBO assessment via ACRE on both plants and animals; the animal welfare declaration and the animal advisory body; the PVS varieties listing for plants and seeds; the FSA and the food and feed marketing authorisation to check before food comes to market. There are checks and balances throughout the Bill. We are keen to see those things in the Bill that can deliver good—disease resistance, pest resistance and drought resistance.