Genetic Technology (Precision Breeding) Bill

Lord Trees Excerpts

Committee stage
Monday 12th December 2022 Lords Chamber

I will note the other alternative options. Amendment 4, in the names of the noble Baronesses, Lady Parminter and Lady Hayman, would say only “farmed” animals, as would Amendment 6 in a slightly different form. The very important Amendment 5, in the name of the noble Baroness, Lady Hayman of Ullock, would explicitly exclude companion animals. I was talking about what we have done to productive animals such as dairy cows. Given what traditional breeding has done to some breeds of dog, for example, and the kind of life that it has given them, I have very little doubt that the British public would think that the gene editing of companion animals should be absolutely excluded from the Bill.

[Lord Trees (CB)]

My Lords, I apologise for my late arrival. I set off from Scotland very early this morning, but, as noble Lords might imagine, flights have been heavily disrupted. I would be grateful to contribute, if that is allowed.

I thank the Minister for his reassurance about gene drive and that that will still be subject to GMO regulations—this was a concern that I and others, including the noble Baroness, Lady Bennett, had at Second Reading.

I turn to this group. I very much welcome the inclusion of animals in the Bill. This is a valuable adoption of modern technology. It can be a game-changer in the way we control and prevent diseases in animals, and will have positive welfare and environmental benefits. In this debate, we really need to weigh up the benefit-cost ratio. There are certainly lots of downsides to conventional breeding, which we have used without demur for many years.

Regarding environmental benefits and controlling disease, we know that, if you can control enteric worms in ruminants—for example, sheep—with drugs, you can decrease greenhouse gas emissions by 10% per unit of productivity. There is every reason to believe that we are going to be able to achieve that and more, without the use of drugs, by targeted genetic selection in breeding.

We know that, in the control of diseases, while vaccines are a wonderful invention, there are still many important infections that we do not have effective vaccines for. Avian flu is a very good recent example. Of course, we use genetic manipulation all the time in developing the vaccines that we then inject into people and animals.

Drugs have their inherent problems. Although they have been a fantastic advantage for us—particularly antibiotics, to prevent animals and people dying of infections that we could not control before the 1940s and 1950s—they have downsides as well. In many cases, we have drug resistance. Release into the environment has environmental consequences, as with other chemicals—parasiticides, for example. Environmental pollution of the aqueous environment is currently a matter of considerable concern.

These genetic technologies obviate those downsides of our current technologies. We have known for many years that susceptibility to disease is determined by a number of factors but that genetics is a major factor. However, we have failed to make substantial use of that knowledge, because it is too slow by conventional breeding and too difficult to determine and achieve the results we seek. I emphasise the point made earlier by my noble friend Lord Krebs: natural or traditional breeding involves huge uncertainty, so one’s intended consequences may be extremely difficult to achieve. Conversely, unintended genomic consequences can and do occur, as my noble friend Lord Cameron of Dillington mentioned.

We discussed the wording in the Title of this Bill—“precision”. We can all agree that the techniques that we are discussing are certainly more precise than traditional breeding, in which we have no control whatever over the multiple mutations that occur when we hybridise animals. I therefore strongly support the inclusion of animals in the Bill, but I share a lot of the concerns about animal welfare and health. It is important for public confidence, as well as for the future monitoring of animal health and welfare consequences, that we monitor for adverse events post the achievement of the breeding of such animals, as we do for new drug introductions. That will be discussed later.

Finally, I will address the welfare issues which have been eloquently articulated. I do not want to repeat what I said on Second Reading, but we have laws governing the welfare of farmed animals. If we think there are problems now—as a number of people clearly do—the solution is to properly apply and enforce the laws we have. We do not need to invent new welfare laws because of a particular technique or technology that is coming along. Welfare laws, I would maintain, are already there; but if we feel they are insufficient, we should strengthen them, and that should apply to conventional and natural breeding as well as any modern technology.

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[Lord Winston (Lab)]

Would the noble Lord be kind enough to answer one question? Does he not consider the possibility that the genetic modification of a herd of animals might make them more likely to be predisposed to a particular disease or infection that we did not expect?

[Lord Trees (CB)]

With respect, I say that that could be screened out in the development process. There may be indications, were such a risk likely from genetic linkages and so on, and that could be looked for by whole genome sequencing in the screening process and then perhaps by in vivo challenge experiments. But it could occur in natural breeding processes, too.

[Baroness Bennett of Manor Castle (GP)]

The noble Lord referred to the possibility of using gene editing to tackle enteric worms. Would he acknowledge that there is some very successful work being done on using diet—particularly tree crops and more varied pastural swards—to tackle worms? That is a far more agroecological approach that is working very effectively and has lots of other environmental benefits as well.

[Lord Trees (CB)]

I acknowledge that work has been done on that, but it is not in widespread commercial use.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I have added my name to Amendment 3, and I support the consequential amendments. The Government’s relatively late decision to add animals into the scope of the legislation has made what would have been a more routine Bill into something we believe is far more contentious. As many of us said on Second Reading, this has been compounded by the lack of detail as to how the regulations will work.

The Government have themselves admitted that the understanding of the impact of these new provisions is not fully developed. In fact, I believe the chief scientific adviser gave evidence in the Commons that it would take at least a couple of years to enact the animal-related clauses. So there is no urgency in adding them to the Bill at this time, and it seems that the only reason this is being done is because Defra is not sure when it will next get a legislative slot. That does not seem a very good basis for making legislation, particularly when we have so little information with which to make a judgment. For example, the factors that the welfare advisory board will consider have yet to be spelled out. We do not even know who will be tasked with making those decisions. We will return to these arguments when we consider other amendments about the composition and terms of reference of the regulators.

On Second Reading, several noble Lords sought to highlight the potential benefits of gene editing for animal welfare, and the noble Lord, Lord Trees, has done that again. No doubt there could be benefits—for example, in breeding out male chicks or tackling pig respiratory disease. But for every advantage there is a counterargument for the disadvantages. We have heard some of them from the noble Baroness, Lady Bennett. It could be used to enable more intensive livestock breeding or to create fashionable designer dogs with health defects.

The fact is that scientists have not always used their breeding skills to altruistic effect. Hence, as we have heard, we now have chickens whose breast meat is so heavy that they are unable to stand, and farm animals bred for fast growth and high yields at the expense of their welfare. The Nuffield Council on Bioethics has also raised concerns about animals being created to live packed together in more crowded spaces—another point made by the noble Baroness, Lady Bennett. So it is not surprising that the major animal welfare charities are sounding the alarm.

So far, the debate around gene editing has concentrated on crops and seeds, and it has received cautious public support. But the introduction of animals raises much deeper ethical and moral challenges, which have not been explored in the public sphere. We are therefore in real danger of a backlash when this element of the Bill becomes more public.

The British public deserve to have a proper, thoughtful debate about how we want to coexist with farmed and domestic animals and the extent to which we should manipulate their breeding for our own ends. So I believe that these clauses inserting animals into the Bill are premature. We are being asked to take too much on trust at a time when the Government’s own thinking is not clear, and we all know the limitations of the secondary legislation system and the inability of Parliament to make real change at that stage. It is not good enough to expect us to pass this authority back to the Secretary of State when we know so little within the Bill at this time. This is why I believe we need to pause these clauses until Parliament can have a full debate on the fundamental issues at stake. I therefore support Amendment 3.

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[Lord Benyon (Con)]

I am grateful to the noble Lord and will cover that point in a moment.

I was making a point about PRRS, but there are also developments abroad in producing cattle that are more heat tolerant and resistant to climate change. As was pointed out at Second Reading, there is potential to reduce methane emissions from cattle, which is vital for more sustainable agricultural systems.

I agree with the noble Lord, Lord Trees, that there are many examples that demonstrate the potential to bring significant health and welfare benefits to our animal populations and economic benefits to our farming industries. That is why we are looking at this down one end of the telescope. I hope I can persuade noble Lords that this a way that offers great potential, particularly in the area of animal welfare.

It is vital that we create an enabling regulatory environment to translate this research into practical, tangible benefits. This is a key objective of the Bill, and removing animals from the Bill would hinder us from realising any benefits of these technologies for animals. Ensuring that these technologies are used responsibly and enhance animal health and welfare is vital; I think we are all agreed on that. That is why we intend to take a stepwise approach in implementing the Bill, with regulatory changes to the regime for plants first, followed by that for animals. We want to make sure that the framework for animal welfare set out in the Bill is effective, and we will not bring the measures on precision breeding into effect for animals until this system is in place.

It is important we get this right, and that is why we have commissioned Scotland’s Rural College to carry out research to help us develop the application process for animal marketing authorisations. This will focus on the welfare assessment that notifiers will have to carry out to support their welfare declaration. This research will help us determine an appropriate welfare assessment for precision-bred animals and identify the evidence and information that must be submitted to the welfare advisory body along with the notifier’s welfare declaration. The research will involve experts from the Animal Welfare Committee and a wide range of organisations with expertise in animal welfare, genetics and industry practice.

As the noble Lord, Lord Trees has noted, the Bill introduces additional animal welfare standards, over and above existing animal welfare legislation. We are clear that these additional safeguards will complement our existing animal welfare regulatory framework for protecting animals. This includes the Animal Welfare Act 2006, the Welfare of Farmed Animals (England) Regulations 2007 and the Animals (Scientific Procedures) Act 1986. A suite of legislation exists. I absolutely refute the points that have been rightly raised that this can be seen as a fast passage towards higher density occupation of buildings because birds are somehow resistant to diseases caused by tight accommodation. There is already legislation that controls the densities and other animal welfare provisions. The idea that this is somehow going to allow producers to get round existing legislation is not the case, and there are additional animal welfare safeguards within the legislation.

If we want to drive investment in new research and realise the potential benefits for animals, we need to include them in the Bill. By doing so, we are providing a clear signal that the UK is the best place to conduct research and bring products to market.

I move now to the topic of limiting the scope of the Bill to certain animals. As we have already discussed, we know that there are benefits from enabling precision breeding. This technology has the potential to improve the health and welfare of animals. This applies to a range of animal species. I hope that the points I am coming to now will address the points made in the amendments and the remarks of the noble Lord, Lord Winston, the noble Baroness, Lady Bennett, and others.

The definition of animals in this Bill is broad so that the legislation remains durable for future years and to encourage beneficial research and innovation. Much of current research is on animals used in food production. We want to ensure that the potential benefits, such as improved welfare, can be realised across different species in a responsible way as research advances. This includes species that are kept only in this country as companion animals. Independent scientific advice that precision-bred organisms pose no greater risk than traditionally bred organisms applies to farm and companion animals.

To quote one example, hip dysplasia in certain breeds of dog is a devastating condition; it causes a lot of misery for the dog and its owners, and results in the dog’s early death. I do not say that there is some quick and easy path to resolving this, but there is a lot of research going on to traditionally breed out that condition. I want to see this sort of work speeded up. It seems right to include the ability to tackle these sorts of conditions in companion animals in this legislation, with adequate safeguards.

It is important to note that this is just the beginning. We intend to take a step-by-step approach with animals. We will not bring the measures set out in this Bill into effect in relation to any animal until the system to safeguard animal welfare is fully developed and operational. This system is intended to ensure that, before a vertebrate animal or its qualifying progeny can be marketed, their health and welfare will not be adversely affected by any trait that results from precision breeding. As I said, we have started by commissioning Scotland’s Rural College to conduct research that will help develop this application process.

I acknowledge the amendments tabled by noble Lords in relation to the range of animals covered in the Bill. The suggestion from the noble Lord, Lord Krebs, to pursue and build up the step-by-step approach is the right way forward. I hope that noble Lords will be reassured to know that the Bill, as currently drafted, already allows us to take this step-by-step approach through commencement regulations; for instance, by commencing the relevant provisions of the Bill in relation to some animal species before dealing with others. I hope this offers some reassurance to the noble Lord, Lord Winston. I hope that the points I have made will enable noble Lords to not press their amendments.

[Lord Trees (CB)]

On companion animals, I can understand that this is a difficult and quite controversial issue. There is an irony and a paradox—for example, around short-nosed dogs; the so-called brachycephalic breeds—and we can look at it with either a glass half full or a glass half empty approach. The irony is that, through natural, traditional breeding, we have bred animals that are deformed. Brachycephalic breeds have a markedly reduced life expectancy than breeds with long noses. They have not only problems with obstructive airway disease but delivery by Caesarean section is much more frequent, and they have ocular and skinfold problems. Genetic manipulation and editing could help reverse these trends much more quickly than might happen through traditional breeding. We need to be open minded about the potential for good, as well as the potential for less good outturns.

[Lord Benyon (Con)]

I totally agree with the noble Lord: there are opportunities here. With the balanced approach that we have taken and the step-by-step approach with which we will implement the legislation, I hope that we can quickly get to the place that the noble Lord described, where we start to reverse some of the terrible things that we have seen in traditional breeding processes. I hope that the Bill can be seen as paving the way for higher standards in animal welfare for all kinds of animals.

I am about to sit down, but I can see various noble Lords poised to step in and I am very happy to take more points.