Assembly can stop GM seed being placed on seed list

The National Assembly for Wales does have the legal powers to stop a GM maize variety being placed on the National Seed List [1] for commercial development. This is the opinion of an independent legal expert [2], commissioned by Friends of the Earth Cymru, and has been presented to the Agriculture Secretary, Christine Gwyther, and members of the Agriculture and Rural Development Committee.

This is the second legal opinion in two weeks which shows the Assembly can lawfully stand up to Big Business in the interests of the people of Wales and the wishes of the majority of the Assembly. The variety in question is the first GM seed to be considered for inclusion on the UK National Seed List. Once on the List there is nothing legally preventing people from growing the GM maize commercially.

The Agriculture Secretary Christine Gwyther will decide on Wednesday 29th whether or not to List the seed. She will make her decision after discussions with the Agriculture and Rural Development Committee in a consultative process thus far only seen in Wales.

EU legislation states that "the [seed] variety shall be accepted [for inclusion on the National List of agricultural plant varieties] only if all appropriate measures have been taken to avoid adverse effects on human health and the environment." This legislation is implemented in UK law [3]. All appropriate measures have not been taken in this case, as the risk assessments for the GM seed did not account for:

effects on human health of people working on the crop,
possible delayed effects on animal health and effects on the food chain,
impacts on farmland wildlife due to changes in crop management, and
effects on the soil [4].

This GM maize is intended for use as animal feed. The legal opinion comments that "There is no GM animal feed safety legislation and,... no evidence... on the effects on cattle of eating GM fodder maize... this is a factor that would cause concern."

The EU Commissioner for health and consumer affairs, David Byrne, has called this the 'missing link in Community legislation on GMOs. This link must be filled before we change the diets of our cattle without considering the consequences. The last time that happened, UK farming plunged headlong into the BSE disaster.

Raoul Bhambral, GM Campaigner for FOE Cymru commented:

" Supermarkets are now beginning to demand their suppliers use GM-Free animal feed, therefore any contamination of Welsh fodder maize by a GM maize [5] could threaten the sale of Welsh beef and dairy products.

" Besides that, proper safety tests for animal feed must be carried out before we put this maize onto the market and feed it to our animals. The last time we were complacent about animal feed we paid a terrible price as a result of the BSE disaster. That is why the Assembly must decide against Listing this GM seed.

" We do not want the Assembly to make a decision that would leave them open to a legal challenge. That is why we commissioned this independent opinion. It sets out the legal basis on which Christine Gwyther can lawfully refuse to List the GM seed. She wanted her decision to be protected from legal challenge; we believe this opinion gives her that protection.

" We have shown that the law supports the will of the majority of the people of Wales, as well as Assembly Members, Christine Gwyther included. If she decides to List she will be acting against her own conscience as well as public opinion. This is an excellent opportunity for the Agriculture Secretary to stand up for what she believes in and for what she says she wants - a GM Free Welsh Environment."

Notes

[1] National Listing is a UK regulatory system which stems from a range of EC Directives. All varieties of the main agricultural and vegetable species, including GM varieties, must be on the UK List or EU Common Catalogue before they may be marketed in the UK.

[2] Steve Cragg is a leading public lawyer. He is a barrister specialising in public law and was previously Solicitor to the innovative Public Law Project.

[3] Council Directive 98/95/EC states "the variety shall be accepted [for inclusion on the National List of agricultural plant varieties] only if all appropriate measures have been taken to avoid adverse effects on human health and the environment." A letter from the Ministry of Agriculture Fisheries and Food dated 2 December 1999 specifically states that Directive 98/95/EC must be implemented in UK legislation.

[4] FOE research, Aventis' GM 'T25' maize does not meet current EU GMO standards. March 2000

[5] Government research, by the John Innes Centre in May 1999 showed that cross-pollination between GM and non-GM crops is 'inevitable'.