Court challenge threatened over Assembly GM move

Friends of the Earth (FOE) Cymru has slammed Agriculture Secretary Carwyn Jones for recommending that Assembly Members (AMs) vote for a defective GM motion [1] on Tuesday 10th October. FOE Cymru says the vote to approve the motion would leave the Assembly open to judicial review.

The current Seed Regulations allow a variety to be rejected from the UK National Seed List on grounds relating to adverse effects on the health of persons, animals or plants. The draft regulations to be approved by the Assembly do not. This has important implications for the Assembly if it comes to reconsider the GM fodder maize approaching the List, ChardonLL[2].

FOE told AMs last month that the motion would restrict the Assembly's powers to control the use and marketing of GM Crops in Wales ‘in a manner that would breach EU law' [3]. FOE has written to all AMs advising them to vote down the motion (copy available on request).

Welsh Assembly officials take their lead from the Ministry for Agriculture, Fisheries and Food (MAFF) in London. FOE has already exposed illegal action by MAFF in regulating GM crops on two occasions [4].

In May, the Agriculture Committee advised the then Agriculture Secretary not to approve a provisional decision to List ChardonLL. This advice was ignored. The decision may return to the Assembly for final confirmation early next year after the Seed Hearings currently underway in London.

Raoul Bhambral, GM Campaigner, commented:
"The Agriculture Secretary has said that any further delay in making these regulations would be contrary to Assembly policy on GM crops. That is no excuse for an illegal act by the Assembly, which will restrict the right of the people of Wales to refuse the commercial development of GM crops on health and environmental grounds.

Mr Jones' anxiety to rubber-stamp these faulty regulations is deeply worrying. He should be seen to be carrying out Assembly policy, which is clearly hostile to GM crops. At the moment, he seems to be working as hard as possible to allow the GM industry a wide open door into Wales."

Notes

[1] The motion calls for the Assembly to approve the draft Seeds (National List of Varieties) Regulations 2000. Seeds Regulations set out the rules for seed varieties to be added to the UK National List. These regulations transpose European Directive 98/95/EC into UK law.

[2] ChardonLL is a GM fodder maize produced by Aventis, formerly AgrEvo. It is genetically engineered to be resistant to the herbicide glufosinate, also produced by Aventis. The maize has received provisional approval for Listing by all 4 UK agricultural departments. After the objections to the provisional approval have been heard at the Seed Hearings, in London and Manchester, a final decision whether or not to list be maize will be made, and all 4 UK agricultural departments will be required to approve or reject the final decision to List.

[3] Letter to Agriculture Secretary Carwyn Jones, from FOE's legal adviser, Peter Roderick, dated 11th September 2000.

[4] Once by the Court of Appeal in 1998, and once in March 1999 when they conceded a judicial review brought by FOE with John Randall (Tory MP), Norman Baker (LibDem MP) and Alan Simpson (Labour MP).