2000

MPs debate new law on GM liability
15 November 2000

A new law that makes biotech companies liable for any harm or damage caused by GM crops or food will be put before the House of Commons today. At present no one is legally responsible for GM mishaps. And according to a legal opinion delivered today by a leading barrister, the civil law will not help farmers or beekeepers seeking compensation for the GM contamination of their crops or honey.

The Genetically Modified Food and Producer Liability Bill is being presented today by Alan Simpson MP (Labour, Nottingham South). It will require biotech companies to have insurance cover for all types of claim and to establish a compensation fund for cases where blame is hard to apportion.

Damage to the environment from GMOs is not covered by any existing legislation. The UK Government is relying on a EU Environmental Liability Directive in four years' time. This could lead to farmers and retailers being sued for any health problems associated with GM foods.

Friends of the Earth asked top barrister Steven Crag to look at three possible GM contamination scenarios:

  • farmers growing oilseed rape within cross pollination distance of a GM crop;
  • beekeepers with hives within flying distance of GM crops;
  • fruit growers who may lose pollination services of beekeepers .

Steven Crag says in his report: "My conclusion is that those who may potentially (or actually) suffer loss because of contamination by GMOs are unlikely to have an effective cause of action at common law. And, indeed, even if the possibility of legal action is accepted, the high risk of losing (and cost implications of this) is very likely to deter potential litigants".

"The biotech industry claims that GM crops and food are safe yet they refuse to accept full liability for them. It's no wonder the public have got such little confidence in them," said Friends of the Earth Real Food Campaigner, Pete Riley. "It's about time the Government took decisive action and refused to let GM crops or food enter the market until strict liability legislation is in place. And they can start on that today by backing Alan Simpson's Bill to make GM firms carry the can if anything goes wrong."

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