Friends of the Earth (FOE) is seeking a judicial review of a key Government decision allowing a major expansion of genetically modified (GM) crops in the UK. The challenge will severely embarrass the Government, which has bent its own rules to allow biotech giant AgrEvo to rush through an unjustified growth in the farm scale trials.
The Government's decision allowed AgrEvo to:
The decision was made by officials at the Department of Environment, Transport and the Regions; it is not even clear if any Government minister was ever consulted. The decision removed any chance of AgrEvo's application being put to the Government's reformed ACRE committee (Advisory Committee on Releases to the Environment), which was set up to ensure greater scrutiny of GM development.
In March 1999, AgrEvo UK Ltd was granted a consent, under the EU's Deliberate Release Directive, to release spring oilseed rape varieties genetically modified for herbicide tolerance. On May 7th AgrEvo wrote to the Department of Environment seeking to extend this consent to cover new trials of winter oilseed rape. AgrEvo wished to avoid the need to make a new detailed consent application for these trials.
FOE has obtained copies of the company's correspondence. The company said: "As you will be aware we need a Deliberate Release consent to enable the Farm Scale Trials in winter oilseed rape to take place. I have discussed the option of submitting a completely new application ... but a more efficient route would appear to be a small variation to add the new sowing dates to ... the current consent ... The current consent refers to approximately 25 sites per year for farm scale trials. In line with proposals for managed development of GM crops we wish to inform you that it is likely to increase to up to 50 sites per crop per year from 2000 onwards."
Department of Environment officials agreed to this request, and four new farm scale trials were announced at Market Raisen and Glentham in Lincolnshire, Bingham in Nottinghamshire, and Hemel Hempstead in Hertfordshire on 16 August.
FOE argues that the short-cut around the consent procedure is unlawful, because:
Friends of the Earth Policy Director Tony Juniper said: "We have caught the Government red-handed. They have tried to bend the law to suit a giant GM company in a hurry to get its crops into the UK market. This case is vital, because it goes to the heart of whether the public can have confidence that GM crop trials are being properly regulated by the Government. The Government needs to learn that if it tries to get round the law to suit the convenience of its friends in the biotech companies, it will be caught, exposed, and then stopped."
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