Genetic Technology (Precision Breeding) Bill

Robert Goodwill Excerpts

2nd reading
Wednesday 15th June 2022 Commons Chamber

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

Will the hon. Lady give way?

[Deidre Brock]

I am going to make progress.

As previously, where the EU offers new scientific advice and moves to change legislative frameworks, the Scottish Government consider the implications for Scotland and seek to stay closely aligned with that approach where practicable. Holyrood passed the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 before Brexit, committing the Scottish Government to alignment with EU standards and regulations. In keeping with that, we are closely monitoring the EU, including its public consultation which I believe is continuing at the moment, as it reviews its policy on certain new genomic techniques.

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[Deidre Brock]

I thought I had made myself fairly clear. We are waiting for the EU review of this technology to take place, then we will weigh it up carefully and decide whether to continue down that route ourselves. The trouble with farmers and the NFUS at the moment is that they are so desperate to find something in place of the trade they have lost as a result of Brexit that they have seized on this. I think that the precautionary principle should always apply with new technologies of this sort.

[Sir Robert Goodwill]

rose—

[Deidre Brock]

I will keep going for a bit.

Let me give the view of some of the organisations that have listed their concerns. The view of the umbrella group of individuals and organisations, GM Freeze, is that the proposed new approach would take away scrutiny and transparency, and as these are patented technologies, it is concerned that big business will be handed greater leverage and control over what we eat. The Soil Association warns that in the absence of a proper governance framework, gene editing is likely to be driven by industry interests. The question has to be asked: without rigorous democratic forms of governance in this area, how can we stop monopolies forming and companies acting in the service of profit rather the public interest? I hope very much that we will hear that question answered as the Bill progresses and, as the Minister is nodding, perhaps even this afternoon.

Deregulating GE products also loosens the strict controls that allow modified plants and animals to be traced with ease, making the impact on the general animal and plant population harder to track and assess. There are also fears that deregulated gene editing risks displacing high-welfare agro-ecological farming systems such as organic farming. If there is no tracing or labelling, the future of organic and other non-GM farming is threatened. Citizens deserve to know how their food has been produced; that goes to the very heart of food sovereignty.

[Sir Robert Goodwill]

I thank the hon. Lady for giving way. Is she aware that the last generation of new varieties were often produced using induced mutation, gamma radiation or chemicals such as colchicine, which was equivalent to smashing up DNA with a sledgehammer rather than this keyhole surgery? Varieties such as Golden Promise, which can be grown organically in Scotland and go into the majority of Scotch whisky, have been produced in that way and she has not raised any concerns about them.

[Deidre Brock]

As I say, we are prepared to consider the technology as things progress but we are waiting on the EU, because the EU has the strictest standards in the world—[Interruption.] The EU has some of the strictest standards in the world, and if it is content after it has examined this process and had its consultation, that is certainly something we are prepared to consider.

Ministers insist that no changes should be made to the regulation of animals under the GMO regime until a regulatory system is developed to safeguard animal welfare. However, as has been mentioned, a coalition of 21 of the UK’s leading animal protection organisations has called those safeguards

“poorly defined and largely inadequate”.

Among multiple other concerns, the group cites increased risk of regarding animals as things that can just be modified for human convenience. That, of course, contradicts the central premise of the Animal Welfare (Sentience) Act 2022.

DEFRA cites the potential for gene editing to address concerns over food security. I held a debate recently on the subject and talked about the need to prioritise sustainable domestic food production and build long-term resilience into our farming system. There is a danger, as the Soil Association points out, that gene editing is used as a sticking plaster for industrial farming systems, targeting symptoms and not root causes. The Secretary of State mentioned porcine reproductive and respiratory syndrome, which, as I understand it, is caused largely by poor living conditions. Why not try to address that rather than using the new technology as, as the Soil Association points out, a sticking plaster? The UK Government appear to be rushing to adopt untested technologies to distract from the real issues in our food system, such as poor soils, lack of crop diversity, intensive industrial farming and falling domestic production.

I will come to a close shortly, Madam Deputy Speaker, because I think you are looking at me sternly. It might be easier to take the Government at their word if they were not abandoning other plans that would have a positive impact on food security and inequality. The food strategy for England, which was published on Monday, has been remarkably watered down by rejecting many of the recommendations in the food system review and dropping the commitment to introduce a food Bill.

In Scotland, the Good Food Nation (Scotland) Bill, which is making progress, will produce plans that will be scrutinised according to various metrics, including social and economic wellbeing, health and the environment. A draft plan has been published on ending the need for food banks. The Scottish Government’s new vision for agriculture outlines how we aim to support farming and food production in Scotland to become a global leader in sustainable and regenerative agriculture.

If the UK Government are serious in their intention that the Bill will affect the market in England only, they must amend it to ensure that products covered by it are not included in the mutual recognition and non-discrimination provisions of the United Kingdom Internal Market Act 2020, and that the devolved Parliaments can reject those products outright if they are not content. The Scottish Government think that the principle of devolution should be respected by the UK Government. The Scottish Parliament should be asked for its consent before actions are taken hastily that could undermine our trade with Europe and compromise the safety of our food.

This is our food system. We must surely ensure that every possible safeguard is in place before we adopt this Bill.

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[Caroline Lucas]

I thank the hon. Lady for her intervention. As has been said, she clearly has expertise, but I am looking at the scientific evidence that has been put before me, and it is being suggested that the mistakes that can be made in this area, especially when it comes to nature, appear very different from those that are seen in nature.

I move on to the principle of properly defined criteria. Using a term that lacks any proper definition looks like an attempt to obscure the full scope of the proposed deregulation. The terms “precision breeding” and gene editing help promote a particular narrative—that the process is just a simple “cut” or “tweak”. The Government are also at pains to stress that any changes might have occurred “naturally” and do not involve the insertion of transgenes—so-called “foreign” DNA.

I have read that this is to some extent smoke and mirrors. The Bill seeks to deregulate all manner of genetic manipulations, and genome editing can sometimes involve the insertion of foreign DNA. As I understand it, the argument is that in such cases the inserted DNA gets removed before the product goes to market. That may well be the intention; but by using poorly defined criteria in the title and wording of the Bill, the Government are asking us to pass bad legislation.

[Sir Robert Goodwill]

Is it the case that, if the EU were to allow this technology to go ahead, the hon. Lady would, like the SNP, embrace it?

[Caroline Lucas]

I am not making a blanket statement in that way. I am saying that if a whole load more safeguards were built into the Bill and if it were not based on a set of definitions that are being criticised by the scientific community, I would have rather more confidence in it than I do right now.

As we have heard, several learned organisations have challenged the Government’s creation of this hypothetical class of GMOs that could have “occurred naturally” or could have been created using traditional breeding. The Institute of Food Science & Technology has called the approach “overly simplistic”, and the Nuffield Council on Bioethics was

“not convinced that this is either the most proper or most popular framing”.

The Roslin Institute found it “exceptionally challenging”, while the Royal Society of Biology said:

“No clarity can be achieved using this principle—we would not recommend using it as the basis for regulation.”

In response to last year’s public consultation, there was a clear view that this is a fundamentally flawed and unscientific basis for regulation.

Turning to transparency, there are no provisions in the Bill for the labelling of genetically engineered or so-called precision-bred food, despite this being what a majority of the public want, as the Government consultation made clear. In that consultation, 85% wanted genetic technologies used in farming to continue to be regulated in the same way as other GMOs. There are significant concerns over the commercial drivers of genome editing in farmed animals, for example. This makes labelling really important, not least if Ministers want citizen and market trust, and buy-in to any new regulatory regime. The public register idea is welcome, but it needs to be accessible as well as comprehensive, and it should include all genetic engineering events and organisms used in UK agriculture. Reduced data collection is worrying. Data that is not collected cannot be analysed. Ministers are simply assuming that risks are non-existent or vanishingly slight, but there is nothing scientific about such wishful thinking.

In conclusion, we need a national conversation. Regulation and innovation need not be at odds, but products of agricultural genetic engineering, including newer techniques, should be subject to a robust and transparent regulatory and governance framework. This must include a strong traceability and labelling scheme that protects the interests of organic farms and allows consumers to make a choice in the supermarket. This legislation lets down consumers, farmers, the environment and animals. Rushing ahead with a badly conceived and designed Bill because the Government are simply desperate to claim some kind of success on post-Brexit deregulation is unacceptable, and I urge them to bring back something better.

Genetic Technology (Precision Breeding) Bill

Robert Goodwill Excerpts

Consideration of Lords amendments
Monday 6th March 2023 Commons Chamber

[Mark Spencer]

Of course. I pay tribute to my right hon. Friend, who was an excellent Secretary of State for Environment, Food and Rural Affairs. She had the same ambitions as this Bill is delivering.

Amendments 7 to 13 and 15 will increase the scrutiny of the secondary legislation set out by the Bill. In response to the report from the Delegated Powers and Regulatory Reform Committee, amendments 7 to 9, 12 and 13 change the parliamentary procedure from negative to affirmative for clauses 4(3), 6(2) and 18(1). Amendments 7 and 13 ensure that clauses 4(1)(b) and 18(6) remain subject to the affirmative procedure. We considered these recommendations closely and accepted the Committee’s view that the clauses contain matters of significant public interest. Regulations under these clauses will therefore need to be debated and approved by both Houses of Parliament via affirmative resolution before they come into effect.

Amendments 10, 11 and 15 increase parliamentary scrutiny of clauses 11(5) and 22(3) while retaining the flexibility for the Secretary of State to designate the most appropriate body for the role of the animal welfare advisory body. We recognise it is essential that the animal welfare protections under this Bill command strong public and stakeholder confidence, which is why we tabled these amendments.

Alongside these amendments, which provide an opportunity for both Houses to debate and agree the provisions before they come into effect, we commissioned Scotland’s Rural College to run an independent research project to help us develop criteria for the animal welfare assessment and the accompanying evidence that will be required.

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

We have traditionally used other methods of crop breeding, such as induced mutation using gamma radiation or chemicals such as colchicine. Can the Minister reassure me that, although we are making changes for this keyhole surgery type of genetic modification, or gene editing, it will not affect traditional methods that have been used for many years to produce varieties such as Golden Promise winter barley?

[Mark Spencer]

This technology should accompany and enhance the possibilities of plant breeding and, later, animal breeding. I think it is an exciting opportunity, and who knows where the science will take us? It may well lead to world-changing developments that help to feed the growing world population.

The research by Scotland’s Rural College will involve experts from the Animal Welfare Committee and a wide range of organisations with expertise in animal welfare, genetics and industry practice. Following the Bill’s passage, we will continue to work with experts and other stakeholders to develop measures to safeguard animal welfare before we bring the measures on animals into force.

Finally, I will speak to the minor and technical amendments. Amendment 5 is a technical amendment that ensures clause 1(8) reflects the definition of “artificially modified” inserted into part VI of the Environmental Protection Act 1990 by the Genetically Modified Organisms (Deliberate Release) Regulations 2002, which is expressed in relation to genes or other genetic material rather than organisms. The amendment will make no substantive change to the Bill.

Amendment 14 replaces the reference to a “relevant obligation” in clause 21(3)(a) with a reference to a “part 2 obligation”, as defined in clause 21, for clarity.

Amendment 16 similarly replaces the reference to a “relevant obligation” in clause 29(4)(a) with a reference to a “part 3 obligation”, as defined in clause 29, for clarity.

Amendment 17 aims to make it clear in the clause on interpretation that references to the term “notifier”, which is defined in clause 6(1), may in certain circumstances be modified by regulations under clause 11(9).

I hope the House is confident in accepting these amendments.

[Daniel Zeichner (Cambridge) (Lab)]

As always, it is a pleasure to follow the Minister, who is, by my accounting, the fourth Minister at the Dispatch Box on this Bill. We had two in two days during the Committee stage, but I am still here, as is his colleague on the Treasury Bench, the hon. Member for Bury St Edmunds (Jo Churchill). I thank her for the inclusive way in which she introduced the Bill at the beginning. It is a complicated Bill and she gave us access to officials, which was very helpful.

I take this opportunity, in case the Minister missed it, to remind him of the mantra that has guided the Opposition’s view on the Bill. Labour is pro-science and pro-innovation, but we also know that to secure both public and investor confidence, a strong and robust regulatory framework is required. Disappointingly, that is the part the Government have failed to provide.

[Sir Robert Goodwill]

The hon. Gentleman represents a city that is full of science, particularly in its universities, so does he agree that we can bring forward this legislation only because we have left the European Union and that new wheat varieties that are 50% lower in acrylamide, a chemical that can induce cancer, is good news for both farmers and consumers of wheat?

[Daniel Zeichner]

I am grateful to the Chair of the Select Committee for that. We have had this discussion before and I have to disappoint him slightly, in the sense that of course the EU is moving as well on this. I suspect we will probably end up in a similar place at a similar time. However, he is absolutely right to point out the potential advantages.

The amendments before us are all Government amendments, because, despite the excellent learned and erudite arguments put by my colleagues in the other place—I pay tribute to Baroness Hayman, Baroness Jones and Lords Winston, Krebs, Trees and Cameron, among others—not much has changed, and that is genuinely disappointing. However, some improvements have been made. A number of the amendments move regulations to the affirmative procedure, as the Minister explained, and that allows some, if limited, further scrutiny, which is welcome. Amendment 1 to clause 1 is the Government’s further attempt to codify a particular knotty problem that we discussed at length in Committee. So the Minister will be pleased to know that we will not be opposing their amendments tonight. We will merely pointing be out how much more improved the Bill could have been had they had the confidence to embrace our positive suggestions.

I say that not least, Mr Deputy Speaker, because if you had the chance to peruse the Sunday newspapers, as I hope you had the time to do and enjoy, you would have seen comment on today’s gathering of international experts on human gene editing. Although the techniques such as CRISPR-Cas9 may be similar, this is of course a different issue from those under consideration today. However, I would argue that many of the ethical issues around animals are not dissimilar. That is why the Government’s refusal to adopt our suggestion of an overseeing authority to look at these very complicated and challenging issues is so disappointing. We have a great chance to be genuinely world-leading in this area. We have brilliant people such as those at the Nuffield Council on Bioethics, yet the Government are, apparently, not interested. That is a wasted opportunity.

Let us look at these amendments in more detail. As I have said, on a number of issues the Government have bowed to informed argument in the other place and agreed that regulations should be subject to the affirmative procedure: on the release or marketing of genetically edited organisms; on information that must be included in the register; on the animal welfare declaration that has to be made; and on the body to be designated as the animal welfare advisory body. That is all welcome. But one of the most powerful and consistent criticisms has been the vagueness of the Bill on many issues and the lack of detail, particularly relating to the proposals regarding animals and when regulations might take effect. I am afraid that these amendments do not seem to help us on this, and I would be grateful if the Minister could comment on it. The promise at the outset was that nothing would be done on animals until the science was further advanced; it has been described as a “step-by-step approach”. Will the Minister reconfirm that commitment today and tell us what timeframe is actually envisaged? As for companion animals or primates, can he give any reassurances on that today? Many people will be keen to hear what he has to say on it.

As I have already indicated, the most significant amendment is to clause 1, as the Government seek once again to explain what they consider to be a natural process. We had an interesting and extensive discussion in Committee on this point, both with those giving evidence and between members, and it was discussed at length in the other place. I fear that the Government have struggled with this, and I am not sure the new wording takes us much further forward. In general, the Government have sought to define a new category, “precision breeding” which many expert witnesses doubt has much meaning. The particular concern is whether the definitions accurately describe gene editing, without allowing gene modification in through the back door, with one of the key issues being whether exogenous material is included.

The amendment before us introduces yet another term—modern biotechnology. This is also ill-defined, and, as argued by Lord Krebs in the other place, may not stand the test of time, or, more importantly, as we heard in expert evidence, legal scrutiny and challenge. I appreciate that this is difficult territory and hard to define, and almost any sentence fails to capture the complexity, but we were promised at the outset that GM is excluded, and it would be helpful to have the Minister confirm that clearly again today.

l am conscious that you do not want lengthy speeches, Mr Deputy Speaker, so let me conclude. The learned and lengthy discussions in the other place showed just how complicated this subject is. Sadly, the Government have made only limited changes in the light of those discussions. Those changes are welcome, so we will not oppose them, but we think that this is a missed opportunity to set out the strong regulatory framework that would have reassured the public, and given investors the confidence that the sector needs.

There is significant opportunity for good here, but there are also risks—risks we may not fully understand. It is also worth bearing in mind that one mistake could tarnish the entire technology. As so often, the Government have gone for the short-term quick fix—the sticking plaster. How much better it would have been to have set up the robust long-term framework that could have established the UK as the setter of the standard that others will follow. That is unfinished business, and it is for another day.

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[Mark Spencer]

Not at all. This is an England-only Bill; it is there in black and white. I was expressing my disappointment on behalf of Scottish farmers who will not be able to use this technology. That will leave them at a disadvantage commercially, and I hope that she will listen to those Scottish farmers.

[Sir Robert Goodwill]

Perhaps the Minister might be reassured by the fact that the Scottish National party seems to be against the Bill on political rather than scientific grounds. In fact, I think it is on the record as saying that if the European Union adopts the legislation—as the Opposition Front Bencher, the hon. Member for Cambridge (Daniel Zeichner), said—it would immediately adopt it. Surely the SNP is taking the lead from Europe, not from the people who elected them.

[Mark Spencer]

I thank my right hon. Friend for his intervention. It was my intention to slowly glide the Bill through its process, but we seem to have stepped into a bit of a hot potato. The Bill is a fantastic opportunity for scientists around the UK, particularly in England, to embrace this new technology.