Gwyther admits welsh GM motion is legal

A letter obtained by Friends of the Earth (FOE) Cymru reveals that the Agriculture Secretary has withdrawn suggestions that the GM motion passed unanimously by the full Assembly in May could not be legally implemented. This supports FOE Cymru's assertions that the motion for a GM-Free Welsh Environment was legal and fully within the powers of the Assembly. The motion was based on an expert legal opinion commissioned by FOE Cymru.

In a speech to the Assembly on the 24th May 2000, the day the GM motion was debated, Ms. Gwyther said:

" ... my current legal advice from the Office of Counsel General is that the motion seeks to impose a higher test of certainty than that contained in the Directive. It could be unlawful as it could constrain the Assembly in a manner that is not compatible with the enacting legislation."

However, in a letter dated 22nd June 2000, to Mike German, Leader of the Liberal Democrats, Ms. Gwyther concedes:

" From the legal point of view, I have had no legal advice to suggest that the policy [the motion] set out is not a legal one. "

Raoul Bhambral, FOE Cymru's GM Campaigner commented:

" We are delighted to hear this news. Now we can move towards the GM-Free Welsh Environment that the full Assembly voted for. The legalities of the motion have finally been ironed out. Christine Gwyther can commit herself to implementing the policy in the interests of the people of Wales and the environment."

Mike German, Leader of the Liberal Democrats, commented:

" If Christine Gwyther means what she has now said - then the way has been paved for the Assembly to keep on pushing its powers in this area, and ensure that it can set a radical agenda for the Welsh Environment, irrespective of the 'conservative' stance of the UK Labour Government. "

" It is very remarkable climbdown. I hope now that the Welsh Executive will set about implementing a 'GM crop-free' policy, in accordance with the will of the Assembly. "