Archived press release

GM LEGAL ACTION: GOVERNMENT HOISTS WHITE FLAG. FOE/MPs Action A Major Setback for Biotech Industry

1 April 1999

The Government has been forced to admit that its attempt to speed up the commercial development of genetically modified (GM) seed is illegal. The humiliating u-turn follows yesterday's legal challenge by Friends of the Earth and an all-party group of MPs - Norman Baker MP (Lib Dem, Lewes), John Randall (Con, Uxbridge) and Alan Simpson (Lab,Nottingham South).

The Ministry of Agriculture (MAFF) planned to short-circuit a statutory seed approval system, taking at least two years off the time needed to bring GM crops to the marketplace[1]. MAFF lawyers have now written to FOE (copy available) conceding that their non-statutory provisional seed “certification” scheme is illegal. MAFF will now need new legislation - which it hopes will be in place by the end of July - to legally allow GM seed commercialisation to be fast-tracked [2]. However, FOE believes that any attempts to speed up certification could be against European law.

Charles Secrett, Director of Friends of the Earth said:
“We are delighted that the Government has caved in rather than confront us in court.But MAFF's illegal plot to speed up the commercial development of GM crops shows just how far some elements of Government will go to help the big biotech firms succeed in covering the British countryside in GM crops”.

Norman Baker MP said:
"It is a sad state of affairs when it requires a High Court action by Friends of the Earth and MPs of all parties to force the Government to obey the law. It's time the Government started pressing the GM brake instead of pushing the accelerator."

John Randall MP said:
"I am delighted that our action has got a positive response from the Government but I feel appalled that they have only taken action under extreme pressure. Perhaps they'll think again before they bypass Parliament."

Alan Simpson MP, who possibly had the most at stake in taking his own Government to court, said:
“It's Parliament's duty to protect the public rather than offer lines of preference for private corporations. This is a terrific victory in what is still likely to be a long

war for a safe environment.”

NOTES TO EDITORS:

[1] Before seeds can be marketed, their variety must first be entered on the National List (which shows that the plant variety is distinct, stable, uniform and has value for cultivation and use). When this is complete it then has to be certified - which takes two to three years - involving various tests including purity and freedom from disease. The legal challenge was mounted because the Government was proposing to allow certification of GM seeds to take place before National Listing and without Parliamentary approval.

[2] In its letter, MAFF says “we will be coming forward...quickly with specific proposals to amend this legislation to deal with the points you have raised...in the light of this reply we would invite you to agree to a stay of your application [for a judicial review] pending the revision of the legislation.”

If you're a journalist looking for press information please contact the Friends of the Earth media team on 020 7566 1649.

Published by Friends of the Earth Trust