Archived press release

Court of appeal rules that Government acted illegally over genetic maize trial crop - but refuses to order its destruction

21 July 1998

The parties bringing the court challenge are dismayed that the Court of Appeal did not uphold arguments that the consent to plant the genetically-engineered crops was incorrectly granted to Sharpes Seeds not the National Institute of Agricultural Botany(NIAB), and that the risks of cross pollination between the genetically engineered maize and the organic sweetcorn were not properly assessed. The judges accepted that there was a genuine concern but felt that the chances of cross-pollination was no more than minimal given that the crops had now been planted over 2 km away. This does not however answer Guy Watson's concerns as he must now bear the consequences if cross-pollination does indeed occur.

Pete Riley, Food Campaigner at Friends of the Earth, said:
“This historic ruling by the Court of Appeal demonstrates that rather than being tightly regulated, the rush to develop these Frankenstein foods has led to an astonishing Government disregard towards even the most basic laws.

Government now has to decide whether it is going to further demonstrate its support for the biotech industry by introducing retrospective legislation, or use this historic opportunity to delay the commercial introduction of these Frankenstein foods until a proper debate can take place that deals with the numerous concerns about this dangerous new technology.

However, despite this ruling, the organic farmer, Guy Watson, still has the threat of genetic pollution hanging over his head. Both the Government and the legal system have failed to protect farmers from cross pollination whilst industrial farming steams ahead. No farmer will be able to guarantee their crops are free of genetic pollution unless the Government gets a grip on the release of genetic crops.”

Richard Young, Policy and Campaigns co-ordinator of the Soil Association said:
“This judgement makes it crystal clear that there is currently no protection for farmers who want to grow GMO-free crops, or consumers who want to eat them.The judges acknowledged that the Soil Association will not accept any genetic contamination in organic food. We urge ministers to ensure that the future of organic farming is not threatened by the uncontrolled planting of genetically-engineered crops.”

Luke Anderson, co-ordinator of the local campaign, and on behalf of Guy Watson,said:
“We are bitterly disappointed that the Government is unwilling to offer any protection to our organic farm. Even according to the Government's own figures there is likely to be some degree of cross-pollination. Any contamination of our sweetcorn will lead to the loss of its organic status and consumer confidence.Due to the widespread introduction of GMOs into the food chain many people rely on the fact that our organic food is guaranteed free from genetic contamination.

However we have achieved a significant victory. It is disgraceful that it has taken an expensive legal challenge and the Court of Appeal for the Government to finally admit that they have acted unlawfully.”

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Published by Friends of the Earth Trust