Victoria Prentis
Main Page: Victoria Prentis (Conservative - Banbury)Genetic Technology (Precision Breeding) Bill (Eighth sitting)
Victoria Prentis ExcerptsThursday 7th July 2022
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Genetic Technology (Precision Breeding) Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 7 July 2022 - (7 Jul 2022)
Daniel Zeichner
It is a pleasure to continue under you in the Chair, Mr Stringer, and it is always a pleasure to see the hon. Member for Banbury, who is now the Minister for our proceedings. Obviously, these have been difficult days for Members on the Government Benches, and I extend my sympathies to the hon. Member for Bury St Edmunds (Jo Churchill). I hope that Members will agree that the spirit in which we conducted our proceedings on Tuesday was constructive. We probed the Government’s intentions, and we will continue to do so and seek to improve the legislation this afternoon.
This clause represents a significant aspect of the Bill and we welcome it, although we note that a number of Government Back Benchers expressed concern on Second Reading. I will speak to our two amendments but also more broadly about the principles underlying these clauses as we see them and why we think that they are integral to the overall package.
Much has been said about the strength of the food and public health measures in the Bill and the fact that the Food Standards Agency will have a role to play in ensuring that any precision bred organisms that reach supermarket shelves are adequately regulated. Part 3 of the Bill, which we are discussing now, covers the food and feed produced from precision bred organisms, and clause 26 concerns regulation of food and feed produced from precision bred organisms—an area on which, as I have said, much has been promised.
We have already talked frequently—I am sure that the Minister has read the record of the proceedings from the other day—about the example of tomatoes fortified to contain higher levels of vitamin D, and I think we have agreed that it is important that information for consumers in such cases is managed carefully. But before getting to that point, we must ensure that any foods created with precision bred organisms are safe for human consumption.
As I said on Second Reading, I am particularly proud that a Labour Government established the Food Standards Agency; I think that it does an excellent job. I will say a little more later about its potential role, but I do think that we have high standards here in the UK and we also have trust, and that is in no small part down to the work and reputation of the Food Standards Agency.
However, I am expressing concern about the current wording of subsection (1) precisely because, although it confers on the Government the option to create provision for regulating the placing on the market of food and feed produced from precision bred organisms, it does not make that mandatory. In other words, although the Bill makes regulation of precision bred food and feed a possibility, it leaves it open to the Government not to take up that power should they not desire to do so. Our amendment 21 would change the subsection’s language from “may” to “must”, so that the Government were mandated to take up the power; that would not be optional.
I do not think this is a minor point. All the subsections conferring delegated powers do so by stating either that the Government “must” take up the power or that they “may”, so a decision clearly has been taken about which powers should be mandatory and which ones optional. In my very helpful meetings with the former Minister, she told me that close attention had been paid to the clauses conferring delegated powers and that the language around these had been chosen very specifically. I feel that this is an area where take-up of the power should be mandatory and that the language should be amended.
We heard evidence in the evidence sessions that backs up this position. Professor Robin May, chief scientific adviser at the Food Standards Agency and a professor of infectious disease at the University of Birmingham, said that
“it is important to be sure that”
precision bred
“products are safe…The entire point of this technology is to do things that could have been achieved through traditional breeding, but much faster. It is important that we have safety checks along that pathway.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 19, Q27.]
This amendment is also in line with the public polling and research that the Food Standards Agency has conducted. Professor May said that there is a
“really strong view that the public want some level of regulation and safeguards in this”.––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 19, Q28.]
Therefore I am not convinced that the public will be reassured to know that the Government might create a regulatory system for precision bred food but they also might not. The public want certainty, as do producers who will be embarking on the process of creating and then marketing precision bred products. Our amendment 21 would achieve that.
Subsection (2) lists the sorts of things a regulatory framework for precision bred food would achieve. Again, however, this is a “may” or “might”, instead of a “must’ and “will”. The subsection contains issues as important as traceability and imposing
“requirements for the purpose of securing traceability in relation to food and feed produced from precision bred organisms that is placed on the market in England”.
Without the ability to trace products, how will we be certain that we can remove any that have unexpected health consequences? How will we reassure organic producers and those who do not want to have precision bred inputs in their supply chain? It makes little sense to outline this level of detail in the Bill, which we welcome, without the commitment to take them up. That is all the more so because the Government’s language suggests that there is a firm commitment in the Bill—the Minister is nodding, so I suspect that is what she will tell us—when the actual wording does not really say that. On Second Reading, the Secretary of State said:
“The Food Standards Agency will”—
—not may—
“also conduct a very thorough and comprehensive assessment of any food safety issues. I think that will give people the reassurance they need.”—[Official Report, 15 June 2022; Vol. 716, c. 376.]
Although we have not tabled further amendments to the clause, because we are debating the clause stand part simultaneously I will also mention that subsection (6) only makes it a possibility, not a certainty, that the FSA will conduct the “thorough and comprehensive assessment” to which the Secretary of State referred. Perhaps what he should have said is that the Bill gives the Government the option to create regulations regarding food, and powers for the FSA to manage them, but that they have yet to make their mind up and that it would be perfectly compatible with the Bill for them to choose not to do it at all. If it is something that will definitely happen, why not make it an actual commitment in the Bill by changing “may” to “must”? I recall that we have had this discussion once or twice before in previous sittings of the Committee.
I suspect the Minister will be reassuring—she is very good at that—but we seek certainty. We welcome the detail that the Food Standards Agency has provided on how it might go about setting up such a system if the powers are used by the Government. It issued a helpful publication earlier this week, which I suspect members of the Committee have seen, although that too will need further discussion, because it has proposed two tiers of checks, with tier 2 checks being engaged when a precision bred organism has been created
“in which there is likely to have been a significant change in the composition of the product that is typically eaten. Such changes that may, for instance, include alterations to the type or level of nutrients or allergens within the product to a level beyond that usually seen in products based on conventionally bred organisms… Here further evidence of safety and a more detailed risk assessment would be required prior to an authorisation decision”.
Although that is reassuring, some people will question who will make the initial judgment about what constitutes “significant change”, and how such a decision will be arrived at. However, it fleshes out the thinking, which is welcome. It is a shame that, because of the “may” and “must” issue, we do not see any guarantee in the Bill that the FSA will even have the opportunity to play a role, or that there will be a regulatory system for food in the first place, so I would welcome reassurances from the Minister.
The Minister for Farming, Fisheries and Food (Victoria Prentis)
It is a great pleasure to serve under your chairmanship, Mr Stringer, and I would like to provide the hon. Gentleman with reassurances. He and I have discussed many times the “may” and “must” issue in the context of the Agriculture Act 2020, the Fisheries Act 2020 and, I believe, the Animal Welfare (Kept Animals) Bill.
It is indeed vital that the Bill gives the necessary power for regulations to be made to enable the Food Standards Agency to ensure that, as the hon. Gentleman said, the food we eat is safe for human consumption. My Department has spoken in depth, and many times, to the Food Standards Agency about this matter, and I did so myself this morning in preparation for this afternoon’s sitting. I have been fully reassured that any measures that are proposed will be taken up by the FSA and will be proportionate and appropriate. The FSA is committed to open and transparent policy making, which will be wholly evident as it continues the process of building the new framework. Work is already under way to make sure that the right stakeholders are involved, including officials in Wales and Northern Ireland, and Food Standards Scotland. They will be able to shape the frameworks and how they operate in practice.
There are already existing provisions in general food law for securing traceability of food and feed at all stages of production, processing and distribution. Businesses wishing to market precision bred food and feed will of course need to comply with the existing legal provisions. The Bill includes the option to impose specific requirements for securing traceability, if they are deemed a good idea. That will allow the FSA to consider new methods of traceability as the science develops, future proofing the Bill in the context of further innovation, about which we have not yet thought. I urge members of the Committee to consider the evidence that they heard last week and the vital work that the FSA does to protect our consumers. I therefore ask the hon. Member to withdraw amendments 21.
On clause 26 stand part, innovation in our food and feed industry is developing at a faster pace than we have ever seen before. New technologies, as the Committee has heard many times, enable us to utilise better and more sustainable production methods. It is vital that appropriate measures are in place to ensure that consumers can trust the food that they eat. The regulatory framework has been inherited from the EU. Now that we are forging our own path, it is vital that the framework provides consumers with food they can trust and also keeps pace with new technologies.
The framework for regulating genetically modified organisms, which, as we all know, precision breeding technologies currently fall within, does not adequately reflect the lower risk profile of PBOs, where such organisms are often indistinguishable from products that could be produced using traditional breeding methods. The clause will allow the FSA to build a framework that responds to the lower risk profile of PBOs. I beg to move that the clause stand part of the Bill.
Daniel Zeichner
I welcome the Minister’s reassurances, although I am not sure she really addressed the “may” and “must” issue. On this particular occasion, it would have been straightforward for the Government to say what was going to happen. Although I see the opportunity through secondary legislation to take account of changing technologies, which we all recognise is likely to happen pretty quickly, it is essential that provisions and safeguards are put in place. On that basis, although I do not feel the need to push amendment 22, I would like to test the view of the Committee on amendment 21.
Question put, That the amendment be made.
Deidre Brock (Edinburgh North and Leith) (SNP)
This will be a short contribution. The hon. Gentleman referred to the Scottish and Welsh Governments’ views on the situation. He will be aware that clause 27 just talks about the Food Standards Agency and the Secretary of State, and does not cover Food Standards Scotland, Scottish Ministers or indeed Welsh Ministers. With that in mind, I hope he will look carefully at new clause 9 and my amendment 37, which is coming up, because they will neatly address the problems he referred to.
Victoria Prentis
I completely agree that it is vital that this Bill should grant the necessary power that will enable regulations to be made to allow the FSA to ensure trust in food, as I said earlier. In addition to a proportionate framework for the regulation of PBOs, it is important that consumer confidence is assured. We feel that a transparent public register for precision bred food and feed will do just that.
On the “may” and “must” point, I apologise; I thought we had been through this so many times that the hon. Member for Cambridge would not want me to say it again. It is rather like the conversations we can have with members of our families, when they say, “Please be quiet. You’ve told us that 3,000 times already!” Perhaps that is only me.
Victoria Prentis
I am very happy to explain the role, as I am many other things—not fighting with one’s younger sister, for example.
The role of the FSA is enshrined in law. Its purpose is to provide food safety and consumer confidence. In our view, “must” is therefore not necessary. We are working with the FSA on this, and it has a role and a duty to provide consumer confidence, which is why we are completely assured that it will maintain this register, as it maintains other registers and keeps them regularly updated. To that end, members of the Committee may be reassured by the evidence of Professor Robin May, which the hon. Gentleman referred to. The professor spoke at length about the need for transparency within the register and how it will provide consumers with the information they need. We feel that is very important.
The FSA is committed to food safety. It is equally committed, as was explained in evidence, to using these powers in a proportionate way that both supports innovation and protects consumers. We are convinced it will deliver a food and feed register that gives consumers the information they need. We therefore do not feel that the amendments are necessary.
On clause 27, we feel that genetic technologies such as precision breeding present opportunities for innovation. Setting out a clear framework for the regulation of precision bred organisms will help ensure that we maintain that really important public trust. The clause will introduce powers that will provide transparency for consumers, the industry and enforcement bodies through the establishment of the public register. In addition to the register, which will be established under clause 18, the food and feed register will give extra clarity about PBOs are being used in food production.
The international market for PBOs is growing quickly, and countries recognise the need to align their regulatory frameworks. Establishing a register will be seen as a positive step by our international trade partners, who are keen to see that we are open for business and ready to accept imports of precision bred crops in this market. As the hon. Gentleman knows, we rely on a certain amount of agricultural food and feed imports, and we hope the Bill will facilitate trade with large exporters such as Argentina, Brazil, Canada, the US and Australia, which already have established regulatory frameworks.
We will come to the point made by the hon. Member for Edinburgh North and Leith later when we discuss new clause 9. The register will make clear the nation in which the authorisations apply. Authorisations, including on the register, will be indicated as enforced in England only. However, the UKIM Act 2020 means that market access principles will apply for PBO goods produced in or imported into England that can be lawfully sold here. That will allow those goods to be sold on the Scottish and Welsh markets. This clause will grant the power required to allow the FSA to establish a register that will give the required transparency.
Daniel Zeichner
Normally I find myself generally reassured by the Minister, but on this occasion, as a consequence of her comments, I am less so.
Daniel Zeichner
Indeed. I am afraid that however many times she tells me about “may” and “must”, I am still not convinced. On a day when trust in politics is pretty central to a public conversation, she will be unsurprised to find that the Opposition are not entirely convinced.
On a separate point about growing trade with some of the countries that the Minister noted, I am not sure I am reassured about the standards of some of those countries or that we want to import more from them—particularly precision bred food or that subject to standards that may be different from our own. That opens up a whole series of issues. The Opposition are clear that we want to grow and produce more here, and we do not want to be moving towards importing more from other countries that are producing to standards different from our own. Far from being reassured, I will go away and look very closely at what has been said, because it rather confirms a direction of travel that the Opposition are not comfortable with.
On that basis and in the spirit of not wanting to take too much time from the Committee, I beg to ask leave to withdraw amendments 24 and 25, but I will press amendment 23 to a Division.
Question put, That the amendment be made.
The Chair
With this it will be convenient to consider the following:
Clause 29 stand part.
Clause 30 stand part.
Victoria Prentis
Briefly, the Bill has so far introduced provision to ensure that PBOs will be subject to pre-market assessments that are proportionate to the level of risk posed. However, the role of the regulator does not stop with authorisation, and measures must be put in place to ensure compliance with any conditions that are imposed on the marketing of these products. It is essential that enforcement bodies have the appropriate powers to monitor compliance and investigate suspected failures to comply.
Question put and agreed to.
Clause 28 accordingly ordered to stand part of the Bill.
Clauses 29 and 30 ordered to stand part of the Bill.
Clause 31
Meaning of “relevant breach” etc
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider the following:
Clause 32 stand part.
Clause 33 stand part.
Clause 34 stand part.
Clause 35 stand part.
Clause 36 stand part.
Clause 37 stand part.
Clause 38 stand part.
Victoria Prentis
Very briefly, these clauses cover the enforcement measures in the Bill. They provide powers for “relevant breach” and “relevant obligation” and they define those terms. They provide powers to make regulations on enforcement, set out the powers for regulations to provide compliance notices and set out provisions that must be included in regulations and stop notices. They also set out provisions that must be included in regulations that provide for monetary penalty notices and in respect of enforcement notices, and they enable enforcement notices to be issued to provide for reviews and appeals. They address how the new regulatory regime might recover the costs incurred of dealing with non-compliance. I commend all eight clauses to the Committee.
Deidre Brock
I want to ask the Minister about something that the hon. Member for Bury St Edmunds (Jo Churchill) said the other day on the meaning of a relevant breach. I do not expect the Minister to be able to provide me with an answer straight away, but I would be grateful if she could write to the Committee or give us further information on that matter. The previous Minister reassured us that precision bred organisms may not contain exogenous DNA, so the question was: would the release of an organism that still contains exogenous DNA, or any kind of DNA, constitute a relevant breach? If we could get an understanding of that at some stage, I would appreciate it.
Victoria Prentis
As I am not absolutely certain about that conversation the other day, with your leave, Mr Stringer, we will write to the hon. Lady on this occasion.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clauses 32 to 38 ordered to stand part of the Bill.
Clause 39
Fees
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clause 40 stand part.
Clause 41 stand part.
Clause 42 stand part.
Victoria Prentis
This group covers administrative clauses regarding fees and notices, provisions to allow PBOs not to be treated as GMOs under the Environmental Protection Act 1990, and subsequent necessary powers. I reassure the Committee that we do not intend to charge fees initially in order to incentivise innovation and investment in PBOs, but we will keep that under review. If fees are introduced later, they will be set at a cost recovery level. I commend the clauses to the Committee.
Daniel Zeichner
I would like to speak briefly on clause 42, as it contains one of those notorious Henry VIII clauses, which need to be considered carefully. The clause concerns powers to make consequential provisions. Subsection (2) says,
“Regulations under this section may modify legislation.”
We have had this debate many times before about the procedural and technical elements of the Bill, which are thin and constitute poor legislative practice in general, because many of the key provisions are not properly spelled out in the Bill. As we have said, many of the secondary powers are merely optional.
Clause 42 is problematic because it gives Ministers the power to change and amend primary legislation without having to go through the normal scrutiny processes. This is a familiar argument, but it bears repeating—not least because the Minister today will be well aware of the issue and would, no doubt, berate me if I made such a proposal. These clauses shift power away from Parliament towards the Executive, so they clearly need to be strongly justified.
I understand that some elements of the Bill would amend primary legislation in an administrative way, but I still think it is right that the Minister should justify her use of this subsection, given that it would give her Government wide, sweeping powers, which could also be applied in a non-administrative way. It is a question worth addressing.
It is also a question the Government will have to answer when the Bill comes to the Lords. The Delegated Powers and Regulatory Reform Committee will consider whether any of the Bill’s provisions inappropriately delegate legislative power, and the Government will have to provide the Committee a memorandum identifying the purpose of each delegation, providing the justification for leaving the matter to delegated legislation and explaining why the proposed level of parliamentary control is thought to be appropriate.
I am sure the Minister will be pleased to know that I have looked at the memo from the Department to the Delegated Powers and Regulatory Reform Committee, which I suspect the Minister may read out in a moment. I was not entirely convinced by the previous Minister’s arguments on these points. Given that the Lords Committee pays particular attention to any proposal in the Bill that uses a Henry VIII clause, because of the way it shifts power, I hope she will be able to provide me with further justification while we in the Commons have the opportunity to scrutinise the Bill.
Victoria Prentis
I completely understand the hon. Gentleman’s feelings about Henry VIII clauses. I think it is right that they are used judiciously and carefully.
To turn to clause 42 specifically, precision bred organisms are currently regulated by many GM legislative instruments that will need amending to reflect the changes made by the Bill. They will in the main be very technical amendments that will merely reflect the changes that we make if the Bill is passed. There are also references to GM organisms in numerous legislative instruments that will need adjusting, for the same reason. Other parts of law are passed, and GM references feature in many different forms of our legislative framework. The power in clause 42 enables the Government to make reasonable, proportionate and technical amendments. In that light, I urge that the clause stand part of the Bill.
Question put and agreed to.
Clause 39 accordingly ordered to stand part of the Bill.
Clauses 40 to 42 ordered to stand part of the Bill.
Clause 43
Regulations
Daniel Zeichner
I beg to move amendment 26, in clause 43, page 28, line 6, at end insert—
“(7) Regulations under this Act must be made in accordance with—
(a) the environmental principles set out in section 17(5) of the Environment Act 2021, and
(b) Article 391 (Non-regression from levels of protection) of the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30 December 2020.”
Daniel Zeichner
Some Members may have found the previous conversations slightly dry.
Daniel Zeichner
However, now we are getting to some really interesting points. We have tabled two amendments that would insert additional subsections into clause 43 with regard to the environmental principles of the Environment Act 2021 and the non-regression principle laid out in the 2020 trade and co-operation agreement between the United Kingdom of Great Britain and Northern Ireland and the European Union. Veterans of the Environment Act proceedings will recall extensive discussion of those issues, and I suspect that one or two Government Members will rise to the defence of the trade and co-operation agreement, particularly the non-regression clauses.
This is quite technical, but it is important because it is about upholding the standards that we have committed to in both domestic legislation and international agreements. It is about upholding the promises that we have made. Arguably, it is one of the reasons why the previous Minister is not here today. These are serious issues and, as she put it, a
“jocular self-serving approach is bound to have its limitations.”
How right she was. Our amendments highlight some of those limitations.
The first of these relates to the Environment Act 2021 and specifically the Government’s obligations under sections 17 to 19. Section 17 states:
“The Secretary of State must prepare a policy statement on environmental principles”
to be interpreted and applied in the making of Government policy. Section 17(5) lays out a definition of “environmental principles”, which include
“the principle that environmental protection should be integrated into the making of policies…the principle of preventative action to avert environmental damage…the precautionary principle, so far as relating to the environment…the principle that environmental damage should as a priority be rectified at source, and…the polluter pays principle.”
Some Members will recall extensive discussion in the Environment Act proceedings as to exactly what that meant.
Section 18 details the timeframe for the policy statement, and section 19 details the obligations that Ministers are under once the statement is finalised. Section 19(1) states:
“A Minister of the Crown must, when making policy, have due regard to the policy statement on environmental principles currently in effect.”
The problem is that the Government have yet to finalise the statement. A draft was published in May 2022, but we are yet to have a response from the Secretary of State, or the final version of the policy statement. Sadly, the Minister who issued the press release about the statement, the hon. Member for Taunton Deane (Rebecca Pow), is no longer in her place, either.
The Environment Act was heralded by the Government as “World-leading”—remember that? The Prime Minister hailed it as the most ambitious environmental programme of any country on earth, neatly timing Royal Assent to the Bill with the COP26 summit hosted in Glasgow. However, a raft of policies in this sphere and specifically in the Department for Environment, Food and Rural Affairs have been brought forward that will have significant impacts on the environment, before the Government have fulfilled their obligations under the Environment Act.
The Government cannot have it both ways. They cannot hail the success of their environmental legislation, while failing to follow through on it or deliver on its aims and failing to hold themselves accountable in their creation of policy to the obligations that were set out. Great claims have been made, but they are not being followed through.
Amendment 26 would help the Government out. It would ensure that regulations under the Bill are made in accordance with the environmental principles set out in section 17(5) of the Environment Act. Amendment 27 would ensure that no regulations may be made under the Bill unless the policy statement has been finalised and laid before Parliament, and Ministers are under an obligation to pay due regard to it. I look forward to enthusiastic support from those on the Government Benches to furthering the aims of their own legislation.
Amendment 26 concerns article 391 of the trade and co-operation agreement between the UK and the EU, which was agreed in December 2020—I am sure the Minister remembers it well. Chapter 7 of the TCA covers environment and climate, and defines environmental levels of protection as
“the levels of protection provided overall in a Party’s law”—
that refers to the parties to the agreement, before anyone gets any ideas—
“which have the purpose of protecting the environment including the prevention of a danger to human life or health from environmental impacts”.
The TCA then lists some specific examples, some of which would concern this Bill. Those include:
“the protection and preservation of the aquatic environment”
and
“the management of impacts on the environment from agricultural or food production”.
Each party in the agreement—the EU and the UK— committed to
“the principle that environmental protection should be integrated into the making of policies”,
as well as to “the precautionary approach” and
“the principle that environmental damage should as a priority be rectified at source”.
Article 391 of the TCA sets out the rules on non-regression from these levels of environmental protection. It allows
“each Party…to determine the environmental levels of protection and climate level of protection it deems appropriate and to adopt or modify its law and policies in a manner consistent with each Party’s international commitments”.
However, the TCA also aims to prevent either party from weakening environmental legislation below the levels in place at the end of the transition period:
“A Party shall not weaken or reduce, in a manner affecting trade or investment between the Parties, its environmental levels of protection or its climate level of protection below the levels that are in place at the end of the transition period, including by failing to effectively enforce its environmental law or climate level of protection.”
I am not a lawyer, although the Minister is, as I have often pointed out, but it seems to me that the non-regression rules allow the UK to argue that it is allowed to change its regulation on precision breeding to create the new category we are discussing, that it can do so safely and that there is an environmental case for doing so. However, while we may argue that, some may equally argue—we heard this in the evidence sessions—that doing so poses environmental risks. Although the Bill attempts to manage those, and we broadly agree they could be managed, the safeguards should be strengthened. My point is that there are potential grounds for disagreement.
It also seems that the EU could make a determination on how the UK has moved, carry out an assessment itself on the balance of risks and benefits, and make a judgment on whether we have adhered to the non-regression rule. Given that we trade with the EU extensively, and this element of the TCA explicitly references impacts on trade, I hope the Minister will be able to explain the Government’s assessment of how the Bill will interact with the TCA, whether parity is maintained and whether there will be any trade repercussions as a result.
The other day, I quoted the impact assessment on the economic consequences of the EU taking a different view, and I want to go back to that. Although the text was printed in Hansard, I am not sure that I presented those details with quite the force I should have done. Paragraphs 144 to 146 of the impact assessment, on page 48, in the section “Assessment of likely EU response”, are frankly staggering. The Government appear to be prepared to concede that, if there were a disagreement, our markets—our exports to the EU—would in effect be closed. Paragraph 146 states:
“Approximately 55% of all crop-related food exports from the UK are to the EU…And so, it would be difficult to replace EU demand”—
you’re telling me it would be difficult! It goes on:
“Therefore, there is a possibility for a portion of the £8.56 billion worth of crop-related exports to the EU to decrease”.
But most staggeringly of all, that is followed by an attitude of, “Well, never mind,” as the impact assessment continues:
“Nonetheless, this represents only 2.5% of our annual total value of exported goods and 5.4% of our annual value of exported goods to the EU. And so, even if UK crop-related food exports are maximally impacted, the overall impact on the UK balance of trade is minimal.”
I find that absolutely staggering and, on behalf of the food and agriculture sector, I invite the Minister to dissociate herself from that aspect of the impact assessment. The impact assessment has a lot of interesting stuff in it, but I suspect a lot of it was not read as closely as it should have been.
Victoria Prentis
I have listened with interest to the points made by the hon. Gentleman. It is not necessary to put either amendment in the Bill, and I will do my best to reassure him as to why that is the case.
The scientific advice is clear that precision breeding poses no greater risk to the environment than traditional breeding. Section 19 of the Environment Act 2021 provides that Ministers must have due regard to the policy statement on environmental principles. DEFRA has already published and laid that statement before Parliament for debate. I understand that that is the draft version, but we have made it clear that our intention is to publish the final version in autumn this year. Therefore, by the time regulations are made under this Bill, the final version of the policy statement will have been laid before Parliament, and section 19 will be in force. It is therefore unnecessary to make a provision that will be meaningless by the time the Bill comes into force.
However, to provide more assurances, let me add that one of the five principles—the precautionary principle—was touched on in the evidence sessions, including by the hon. Gentleman, and I believe that many of the experts are satisfied that it is being met. They include Professor Jim Dunwell, the chair of the Advisory Committee on Releases to the Environment; Dr Alan Tinch; and Professor Gideon Henderson. To quote Gideon,
“the Bill we are putting forward now is precautionary—it follows the guidelines of the precautionary principle. We are not leaping in with both feet, but we are moving in stepwise motion.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 30 June 2022; c. 89, Q145.]
In line with the requirements of section 20 of the Environment Act, we have reviewed whether the Bill reduces existing environmental protections. Based on the scientific advice from the independent scientific committee ACRE, our assessment is that the provisions do not have the effect of weakening environmental protections. We published that statement when the Bill was introduced.
I listened carefully to what the hon. Member for Cambridge said about the TCA. The scientific advice is clear that precision breeding poses no greater risk to the environment than traditional breeding, and we therefore believe that the Bill is consistent with our non-regression commitment to the EU. Indeed, the EU is consulting on its own new regulatory framework for precision bred plants. The TCA aims to prevent either party from weakening their environmental protections below the levels that were in place at the end of the transition period. Article 391 states:
“The Parties…shall not weaken or reduce, in a manner affecting trade or investment…environmental levels of protection”.
Katherine Fletcher (South Ribble) (Con)
I am listening to a really good debate. Does the Minister agree that the Bill gives us the opportunity to strengthen our environmental protections, not just to maintain the status quo? It is a great leap forward.
Victoria Prentis
The Government certainly believe that there are real environmental benefits to allowing carefully regulated precision breeding that enjoys public trust, and we are keen to realise those benefits. Although I am sorry that my hon. Friend the Member for Bury St Edmunds (Jo Churchill) is no longer in position, I was pleased to take over the Committee stage of the Bill because, as Farming Minister, I have long taken a close interest in it. I am very excited, for example, by the reduction in pesticide use that may be brought about really quite quickly if we pass the Bill and crack on with appropriate precision breeding. I do not think it is necessary or appropriate for regulations to be made subject to amendments 26 and 27.
Kerry McCarthy (Bristol East) (Lab)
Two things concern me. First, we know that the Secretary of State has repeatedly expressed doubt about the precautionary principle, suggesting that it is implemented in too strong a fashion and that he wants to row back from that. Secondly, in 2017 we were promised these environmental principles imminently. Now, in 2022, we have a draft statement. That suggests that the Government are not keen to get these principles into law and to implement them; rather, they are doing everything they can to drag their feet. Does the Minister not realise why I have concerns about that?
The Chair
Order. If Members wish to make interventions, they should be brief. If they want to make longer interventions, they should try to catch my eye and make a speech.
Victoria Prentis
I understand the hon. Lady’s reservations but I do not share them. The Government have moved as fast as they can, with substantive and lengthy environmentally friendly legislation, much of which the hon. Member for Cambridge and I have discussed at considerable length in Committee and otherwise.
I am proud of the Government’s record on environmental protection. The passing of the Agriculture Act 2020 and the Fisheries Act 2020 will put us on a much more sustainable level in both those industries, in terms of how we apportion public subsidy and how farmers and fishermen grow and fish the food we are proud to enjoy. I am proud of our recent work in the food strategy, where we set out as a Government policy goal the level of self-sufficiency we enjoy at the moment. All that must be read under the overarching protections in the Environment Act 2021, which was also passed by this Government. I am proud of our record.
I will move briefly to clause 43, which provides for the parliamentary procedures to be used when making regulations under the Bill. The clause allows for transitional, transitory or saving provision to be made to ensure a smooth transition from existing arrangements to new ones. That is necessary, because these are complicated pieces of legislation. To reassure hon. Members, I will give one example. Consequential regulations under clause 42 might make provision for entries in the GMO register concerning any qualifying higher plants grown in field trials. Under the changes recently introduced by the Genetically Modified Organisms (Deliberate Release) (Amendment) (England) Regulations 2022, those can then be copied across to the PBO register, which we will have established under clause 18. I therefore beg to move that clause 43 stand part.
The Chair
It is okay. You have made your points, Minister. If any other Members wish to speak on clause 43, that will come later.
Victoria Prentis
Are we speaking only to amendment 3? I thank the hon. Gentleman for tabling the amendment. I can assure him that the Government are committed to appointing a welfare advisory body that will provide expert scientific advice to the Secretary of State, as set out in clause 22. We want to ensure that the body will be functionally independent and that it will provide scientific advice. We are committed to appointing a body with the most suitable expertise for the role. We will work closely with existing animal welfare experts, such as the Animal Welfare Committee, to ensure that there is a rigorous and proportionate system to safeguard animal welfare.
Daniel Zeichner
In responding to the Minister’s excellent contribution, I should explain that what I said previously relates to clause 47 and so can be ignored—I managed to speak to completely the wrong clause, which of course happens late in the day.
Daniel Zeichner
I am not surprised. I will try to find my way back to the right clause.
Amendment 3 is relatively straightforward. It would prevent regulations being made on precision bred animals until the welfare advisory body is satisfied that animal health and welfare will be ensured. I have previously cited evidence in which DEFRA itself admits that the elements of the Bill relating to animals that are delegated to secondary legislation are not yet fully investigated or prepared. Sadly, we have been unsuccessful in removing the animals from the scope of the Bill. In the absence of that, we have tabled a series of amendments that would provide a check and balance on any secondary legislation, especially given that some of it will be subject to the negative procedure.
The Government have emphasised that the welfare advisory body provided for in the Bill will be composed of experts in their field. The Opposition think that it seems sensible for the body also to play a role in determining the effectiveness of the Government’s proposal on animals, and that is what the amendment seeks to achieve.
I am conscious that I am responding to the Minister. I heard what she said. I do not entirely agree, but given that I have not explained it very well, we will let this one pass. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Deidre Brock
That is exactly why the Scottish Government intend to wait for the outcome of the consultation, and why we would like to see the UK Government doing similarly. I would point to the New Zealand Government, who undertook a really extensive consultation with stakeholders, consumers and citizens generally. Ultimately, they chose to continue to include gene edited organisms within their definitions of genetically modified organisms. The outcomes are by no means guaranteed, and I think the precautionary principle should be applied here as well.
New clause 9 would amend the United Kingdom Internal Market Act to ensure that the Scottish Parliament’s authority to legislate in the marketing of precision bred organisms is upheld. Similarly, amendment 37 would prevent the operative parts of the Bill 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 really grateful if the Minister—I appreciate that she is very new to her post—could offer an explanation for why common framework procedures prior to the Bill’s introduction were not followed before it was introduced. As the Minister will know, the Scottish and Welsh Governments repeatedly requested sight of the draft Bill, but it was introduced to Parliament before that happened. That is simply not the action of a Government who respect devolved Governments, and I would be grateful if the Minister also provided an explanation for that.
Victoria Prentis
On amendment 37, the regulation of GMOs is, as we have heard, a devolved matter. We have invited the Scottish Government and the Welsh Government to join us in bringing forward the Bill. If they took up our offer, it would provide confidence to investors who are looking to support Scottish and Welsh research into precision breeding.
A common framework covering GMO marketing and cultivation was within scope of the common frameworks programme, but all four Administrations agreed that a common framework was not required because the administration and co-ordination of this policy area was provided for through existing inter-governmental arrangements under the GMO concordat. If the DAs were in agreement, we would be willing to revisit that analysis and look again at whether the GMO concordat and the intergovernmental arrangements for which it provides are sufficient for intergovernmental working, and, where relevant, to manage divergence in the regulation of genetic technologies. I would be delighted to take that work further if it is of interest to the DAs.
In addition to engagement between DEFRA and DA genetic technology officials, it is worth noting that precision breeding policy interacts with four of the provisional common frameworks. Engagement among respective officials is also ongoing through the relevant framework fora in those four areas.
As the Committee heard from Professor Bruce Whitelaw of the Roslin Institute, and as has been presented to the Welsh Government and the Scottish Government by the National Farmers Union—I have read the evidence it gave—the provisions in the Bill apply substantively to England, but they have the potential to bring benefits across the UK.
We have introduced the Bill to ensure that we keep up to date with the latest science, and to remove the limitations placed on us by outdated regulation that has not kept pace with scientific development. Amendment 37 would put us at further risk of falling behind other countries, which the NFU was concerned about in the evidence sessions. We will continue to engage with the DAs to address the concerns that they have raised, but I encourage the hon. Lady to embrace the opportunity that the Bill presents to unlock the benefits of scientific research and development and ensure that the UK continues to invest in innovation in the agri-food industry and reap the wider potential benefits from it.
New clause 9 would exclude legislation passed by the Scottish Parliament relating to the marketing of precision bred organisms, and regulations made by the Scottish Government under that legislation, in scope of the UK Internet Market Act 2020 market access principles. There is an established process for considering exclusions to the application of the UKIM market access principles in the common framework areas. That process has been agreed by the UK Government, the Scottish Government, the Welsh Government and the Northern Ireland Executive. The UK Government are fully committed to common frameworks and to taking forward discussions with the Governments of Scotland, Wales and Northern Ireland on the interaction between the proposals in the Bill and UKIM.
As we heard from Dr Ferrier of the NFU, it will be at least five years before products come on to the markets for farmers and growers. We hope that consumers across the whole of the UK will be able to benefit from the research into precision bred plants and animals that the Bill will enable. We therefore urge the hon. Lady to withdraw the amendment so as not to pre-empt the outcome of those discussions.
Deidre Brock
It is kind of the UK Government to want to bring benefit to all of the devolved nations of the UK—a very benevolent approach that I am sure everyone appreciates—but this area is devolved and we should have full control over it.
Deidre Brock
I am actually very interested in rural interests, as the hon. Gentleman knows, and I am very concerned about the impact on trade with the EU, which is the UK’s largest trading partner, and the impact, potentially, on farmers. The Minister mentioned that it will be five years before commercial benefits can be felt—at least; we were hearing anywhere up to 11 years —so why the rush? Why push this through when we potentially could really impact our trade with Europe?
I do not wish to sound rude about it at all, because I respect the Minister hugely, and particularly the way she has stepped up this afternoon—excellent effort. Given that it sounds as if there is likely to be some movement in discussions on the GMO concordat, perhaps I could arrange a meeting with her, before Report, to discuss that further and get a clearer understanding of what is entailed within those discussions. I would appreciate that very much.
Deidre Brock
The Minister is nodding her head, so I assume that is acceptable. Given that, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 48 ordered to stand part of the Bill.
New Clause 1
Labelling
“(1) A person must not—
(a) market a precision bred organism, or
(b) place food and feed produced from precision bred organisms on the market
unless labelled in accordance with regulations made by the Secretary of State under this section.
(2) Regulations under this section must ensure that the labelling referred to in subsection (1) provides sufficient information to support informed consumer choice, having regard in particular to—
(a) nutritional content,
(b) the potential presence of allergens or other substances which may cause adverse human health impacts, and
(c) the environmental impact of the product.
(3) Before making regulations under this section, the Secretary of State must—
(a) consult representatives of—
(i) consumers,
(ii) food producers,
(iii) suppliers,
(iv) retailers,
(v) growers and farmers,
(vi) the organic sector,
(vii) other persons likely to be affected by the regulations, and
(viii) any other persons the Secretary of State considers appropriate; and
(b) seek the advice of the Food Standards Agency on the information to be required to be provided on labelling.
(4) Section 30 (Interpretation of Part 3) has effect for the purposes of this section as it has effect for the purposes of Part 3.” —(Daniel Zeichner.)
This new clause would require the Secretary of State to make regulations about the labelling of precision bred organisms and food and feed products made from them.
Brought up, and read the First time.
Daniel Zeichner
The hon. Lady raises a series of interesting and important points. I do not disagree with what she has said, other than to say that I think it is possible—this came through in some of the evidence as well—to maintain traceability throughout the process if we are careful about how we do it, but we have to set up systems to do so. It is clear from the impact assessment that the Government have thought about this issue, and our view is that to maintain the necessary public confidence it is absolutely right for it to be considered carefully. As such, our new clause would put the structure in place for that discussion to happen. If the hon. Lady looks carefully at what the new clause actually says, she will see that.
I was about to make exactly the same point as the hon. Lady: we understand the challenges that labelling may pose. However, as was said in the impact assessment, the significant benefit it would bring in terms of public trust and supporting consumer choice may well be worth having. Our view is that the Government have not given sufficient thought to the matter nor evaluated it sufficiently, as is admitted in the impact assessment. Our new clause 1 would require them to undertake further consultation on labelling and then introduce an appropriate system.
Victoria Prentis
I know that labelling has been raised as a concern by Committee members and others, and I understand that the new clauses intend to provide information to consumers, so I will try to provide some reassurances on that point.
The Bill is based on the science, and the science tells us that precision bred organisms are equivalent to, and pose no greater risk than, their traditionally bred counterparts. We have received advice from independent scientific experts and heard from many witnesses who considered labelling to be unnecessary in the case of precision breeding. Dr Helen Ferrier of the NFU agreed that it would be “misleading” to consumers to require a compulsory label, as there is no scientific difference. Dr Richard Harrison said,
“I do not think there is any scientific rationale to have additional labelling criteria for gene-edited products, because they are fundamentally indistinguishable from nature.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 63, Q103.]
The Bill is consistent with the science, but also with the approach taken by many international partners around the world that have already legislated in this way. We do not think it is necessary to label based on the technology used.
Much of the proposed new clause is already covered by existing food legislation—in particular, regulation 1169/2011 on the provision of food information to consumers. We know that there are exciting developments to improve the nutritional content of some food, but consumers will want to know of any nutritional or allergen composition that might affect them.
Regulations on the provision of food information to consumers already adequately cover nutritional and allergen labelling, and that does not change because the product is derived from a precision bred organism. We therefore do not think it is necessary to include additional provisions in the Bill. We will respond to the further information that the RPC requests in an enactment 1A, to be brought forwards towards the end of the Bill’s passage through Parliament.
Daniel Zeichner
I listened closely to the Minister and am wondering what an enactment 1A means and when it will happen.
Daniel Zeichner
I am not sure I am totally reassured by that. I would be grateful if the Minister could write to us at some point about how the Government are addressing those criticisms.
Daniel Zeichner
Yes. In a way, we are going round in circles. We entirely understand the scientific arguments, but the question is how we maintain consumer confidence. The Food Standards Agency’s work shows that the public want to know. We believe the public have a right to know, and the question is how that might be done. The most recent advice from the FSA, which I cited earlier, shows that it has been thinking hard about that and may be able to draw distinctions between different types of product coming on to the market. That suggests to me that there is the possibility to provide more consumer information.
I suspect there is a wider debate about labelling, because we want to ensure that the information that we offer to consumers is not so overloaded in so many different areas that it is hard to interpret. That is a legitimate debate, and I am sure we will pursue it. We think it is important that this option remains under consideration in the Bill, and for that reason I want to press new clause 1 to a vote.
Question put, That the clause be read a Second time.
Victoria Prentis
The 2022 Act received Royal Assent in April, and work is now under way to establish the Animal Sentience Committee by the end of this year. Applications to the committee have now closed and we are proceeding with the next steps. We very much hope to have the committee up and running by the end of this year. Given that, as the hon. Gentleman said, it will be some years before precision bred animals are anticipated to be released or brought to market, delaying the provisions for 12 months from the date on which the Animal Sentience Committee is established is unnecessary. We fully expect the committee to be established much more than 12 months prior to the first precision bred animals being released or brought to market.
The Government were clear during the passage of the sentience legislation that we would not dictate the Animal Sentience Committee’s work plan. It will be for the committee, once established, to decide which policy decisions it wants to scrutinise, and its expert members will be best placed to know where they can add value to the animal welfare debate. It would be contrary to that important principle if this Bill was used to mandate the committee to produce a report before the provisions in the Bill can be commenced. I therefore urge the hon. Member to withdraw his new clause.
Daniel Zeichner
There is nothing in the new clause to mandate the Animal Sentience Committee to do anything; it would give the committee the opportunity to make a report, should it wish. I would be surprised if it did not wish to do so. The problem is the wider question of the framework of protections, which is clearly under discussion and under review in general. It is now quite a complicated web, and we want to make sure that the new element—the Animal Sentience Committee, which we strongly support—fits in an appropriate manner.
This goes back to the points we made at the start of the Bill Committee, when we questioned why the Government are so determined to include animals in this legislation at this stage when there are so many reasons not to, not least the Government’s own reasons, given that they say it will be some years before the process moves forward. It would be better to separate animals out; we stand by that point and the new clause is a further example of why that would be sensible. I hear what the Minister says, but we will have a vote on it anyway.
Question put, That the clause be read a Second time.
Victoria Prentis
I have listened very carefully to what the hon. Gentleman has said and let me give him an alternative solution. We have committed to consider wider regulatory reform of genetic technologies as part of our stepwise approach to developing a more proportionate governance framework in this area. This is a more appropriate context for discussions on an over-arching body, such as a genetic technologies authority, and it is consistent with a recommendation made by the Regulatory Horizons Council in its recent report.
The Bill has a narrower focus, and we know this is not in scope, but science is at the heart of the Bill, which is why I listened so carefully to the considered thoughts of the hon. Gentleman. The Secretary of State is required to make decisions based on the advice of expert committees. We intend ACRE to advise the Secretary of State on whether he should confirm the status of a precision bred organism. That is the committee that advises on genetically modified organisms.
ACRE’s opinion formed the basis for our intervention in a pivotal European Court of Justice case in 2018 and for the consultation we held on the regulation of genetic technologies last year. More recently, it has published technical guidance on the distinction between a GMO and a precision bred organism, which is fundamental to this role. This is a complex and controversial area, as the hon. Gentleman acknowledges, and we can expect ACRE to be put under considerable scrutiny, rightly. However, I can assure the hon. Gentleman that the committee operates to the highest standards of impartiality and has the expertise to deal with the task in hand.
I thank the hon. Gentleman for his detailed considerations on this topic but establishing a new independent body is not necessary at this point and does not provide value for money when we have an established committee with a superb track record in this area. However, I acknowledge this is a topic that we are likely to come back to when we consider wider GM regulatory reform in the future.
With your leave, Mr Stringer, as I believe this is the last time I will speak in this Committee, may I do some thank yous, not least to you for coping with a new Minister halfway through the Bill proceedings and for keeping us in order?
I thank my hon. Friend the Member for Bury St Edmunds (Jo Churchill), whose work on the Bill and generally in the Department, on climate change and adaptation in particular, I really value, as I do her personal friendship and help to me over the time she has spent in DEFRA. I very much hope she will be back.
I thank the hon. Members for Cambridge and for Edinburgh North and Leith for their constructive help with the Bill. I would be delighted to discuss the points that arise from our deliberations with them at any point.
Specifically, I thank Laila Sedgwick, Fiona White, Janet Talling, Lizzie Bates, all the Bill team and my private office, who managed to brief me on the Bill so effectively in the few hours we have had available. I also thank the Bill Committee, our Whip—in particular, of course—and, indeed, the Government Whips Office, who have shown extraordinary grit over the past 12 hours. I thank everyone for their work on the Bill.
The Chair
Thank you for those kind words, which were of course completely out of order. I call Daniel Zeichner.