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ASSEMBLY ESCAPES JUDICIAL REVIEW

Friends of the Earth (FOE) Cymru is celebrating another campaign victory on the GM situation in Wales. A defective motion [1] that would have restricted the National Assembly's powers to control genetically modified (GM) crops has been pulled from debate in the Assembly. FOE Cymru had advised Assembly Members that approving the motion would have left the Assembly open to judicial review. However, FOE Cymru has criticised the Assembly cabinet for still failing to get to grips with GM developments in Wales.

FOE Cymru presented its legal analysis of the draft Seeds Regulations to AMs earlier this week. The group pointed out that the draft regulations, if passed, would severely restrict the Assembly's powers to control the use and marketing of GM varieties ‘in a manner that would breach EU law' [2]. FOE Cymru had been advised that if Thursday's motion to approve the regulations had been passed, the Assembly could be judicially reviewed. Opposition party AMs had threatened to vote against the motion if the Cabinet insisted it should be discussed.

Other problems with the Assembly's handling of the GM issue are:

GM crops are still being grown at one site in Wales - near Sealand in Flintshire. The previous Agriculture Secretary had promised to hold a public meeting to discuss the issue before the end of July. The meeting is going ahead tomorrow, over seven weeks later than promised. FOE Cymru has been told that the meeting has been poorly advertised, the venue is small and that having to order tickets may deter some members of the public.

The Assembly does not know whether the Flintshire trial itself is actually legal. Agriculture Secretary Carwyn Jones has failed to respond to FOE Cymru's requests [3] for information about the trial. This information is required to establish legality of the trial. Not only does the Assembly not have this information, but a letter from Mr. Jones indicates that it is unlikely to obtain it. FOE Cymru expects this issue to be raised in the first Agriculture Committee meeting for this session - since the sacking of Christine Gwyther as Agriculture Secretary.

Raoul Bhambral, GM Campaigner commented:

" Opposition Assembly Members have been quick to act on this issue. They were in danger of approving a motion that would restrict their powers, but have forced the agenda to change. This is good news for Wales.

" The Government, however, is still dragging its feet. Assembly officials haven't proved the trial is legal even though they have advised the Agriculture Secretary that it is. What do they expect to tell the local community in the public meeting on Thursday? The public are unhappy about the trial anyway, if it isn't legal the Assembly should have it stopped.

" The whole GM situation is a complete farce, the Government should recognise this and call an end to the farm scale trials. "

Notes

[1] The motion called 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.

[2] Letter to Agriculture Secretary Carwyn Jones, from FOE's legal adviser, Peter Roderick, below:

Mr Carwyn Jones, AM
Agriculture Secretary
National Assembly for Wales
Cardiff Bay
Cardiff CF99 1NA

11th September 2000

Dear Carwyn,
RE: draft Seeds (National Lists of Varieties) Regulations

I am writing to you in view of the imminent making of these Regulations. I understand that they will be voted on in the Welsh Assembly on Thursday, 14th September.

The Regulations are intended, primarily, to transpose Directive 98/95/EC. They contain the key powers of the UK administrations to control the marketing of GM crop varieties.

Having studied them carefully, I am of the view that:

(1) they would incorrectly transpose the Directive in 7 important respects, with the effect of restricting the powers of the UK administrations to control the use and marketing of GM crop varieties in a manner which would breach EU law. The UK, including the Assembly, is already in breach of EU law in not having transposed this Directive by 1st February 2000;

(2) as it is proposed to make them under the European Communities Act 1972 (not devolved) and not, as their several predecessors have been over many years, under the Plant Varieties and Seeds Act 1964 (devolved), the ability of the Assembly to use the powers under the Directive in respect of Wales, have been curtailed.

I set out the detail of my analysis in the enclosed Tables.

I would urge you to ensure that these draft Regulations are not passed until the full legal powers to control GM crops have been properly transposed.

In the event that these draft Regulations are passed without the necessary changes, I will file a complaint against the UK with the European Commission (as custodian of the Treaty) and advise Friends of the Earth to seek a judicial review.

Yours sincerely,

Peter Roderick
Legal Adviser

[3] Letters to both Agriculture Secretaries have not been responded to with the information required. FOE has written to them on June 16th, July 3rd, 1st August, 15th August, and the 21st August. No detailed response has yet been received.