Assembly control over GM weakened

Friends of the Earth Cymru has condemned today's decision by the National Assembly for Wales to weaken its own powers to restrict releases of genetically modified (GM) crops in Wales.

After a heated debate, Assembly Members voted 31 to 19 to approve Regulations [1] covering the "deliberate release" of GM crops in Wales.

Although the regulations are, in many ways an improvement on the former rules governing GM releases, Friends of the Earth Cymru had objected that they are flawed in two ways:

• They establish a weaker definition of "harm" than that which has applied over the past twelve years [2]
• They do not provide for a public hearing on issues of safety before GM seeds are made available for sale [3]

The weakening of the definition of "harm" restricts the powers of the Assembly to take action against the planting of GM crops in Wales.

The group has, however, welcomed the assurance given by Agriculture Minister Mike German during the debate that he would not take away the public's right to an open hearing on GMOs unless an equivalent right could be established elsewhere. This promise seems to contradict his earlier proposal to remove the public's right to an open hearing on GM safety issues on the grounds that they should be considered elsewhere in the process.

Julian Rosser, Head of Campaigns at Friends of the Earth Cymru said:

"Mike German has gift-wrapped a beautiful Christmas present for the GM companies today."

"While claiming that he wants to operate the most restrictive policy possible on GMOs in Wales he has weakened the Assembly's powers to take action against potentially harmful GM crop planting."

"This is all a far cry from the days when Mike German would condemn Assembly Ministers for claiming that they didn't have the power to stop GM crop releases. Mike the Minister seems far from willing to step on Tony Blair's toes when it comes to GM crops."

"Mr German's whole approach has been to claim that the Assembly is powerless, even when it is legislating. It seems to us that the Liberal Democrats managed to achieve more on this issue in opposition than they can in government."

Notes

[1] GMO (Deliberate Release) (Wales) Regulations 2002

[2] The definition of 'harm' defines the ability of the Assembly to limit damage to the environment and human health through its ability to restrict or prohibit growth of GM crops by using its powers under the Environmental Protection Act 1990.

The regulations amend the definition of 'harm' given in s.107(6) of the Environmental Protection Act (EPA) 1990 (as it applies in Wales). Proposed, is a much narrower definition. In the EPA harm includes 'other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or harm to his property'. The proposed amendment excludes this and 'harm' is narrowly defined as "adverse effects on human health or the environment".

[3] There is currently just one statutory right for the public to object to the commercialisation of GM crops. This is at the stage when GM seed varieties are proposed for the National List of Varieties under the Seeds (National List of Varieties) Regulations 2001. Under those regulations, members of the public can object to the "listing" of a variety either in writing or at a public hearing. This important right was used by objectors (including Mike German) to the proposed listing of Chardon LL in 2000. It should be noted that a seed cannot
move to listing until it has a Part C consent under the Directive.

The recent Assembly consultation on the seed listing regulations proposes the removal of the right to a public hearing on issues of GM safety. This is on the grounds that assessment of GM safety should take place at a more appropriate stage in the regulatory process, ie before consents are granted and within the regulations provided by the Directive 2001/18/EC. However, the regulations passed by the Assembly contain no rights to a public hearing equivalent to those contained in the Seeds Regulations. Therefore, the right to public hearing would not simply be moved, but would be restricted to exclude the discussion of GM safety issues.