Archived press release

Labour's GM plan 'legally flawed'

19 October 2006

A new legal opinion, published today, says that Government's proposals on how to prevent conventional and organic crops from contamination from GM crops are legally and "fundamentally flawed". The opinion is published as the Government's public consultation on its GM `coexistence' proposals draws to a close [1], and as campaigners and farmers gathered in Westminster to reject the Government's "GM pollution plan" [2].

GM crops are not currently grown commercially in the UK, but the Government wants to put in place `coexistence' rules to allow them to be grown alongside conventional and organic crops in the future. But the proposals for measures for England are seriously flawed, and if implemented, will allow widespread GM contamination of UK food and farming.

The legal opinion was prepared for Friends of the Earth, The Soil Association and GM Freeze by two of the UK's leading European law specialists. It sets out how and why the Government's proposals are not compatible with European law [3]. This includes:

Defra's proposal to "minimise" GM contamination of conventional and organic crops rather than "avoid" it, is "flawed and inconsistent with Community law"

On the Government's suggestion that a Public Register of sites where GM crops are grown is not legally required under EU Law, the opinion is very clear: "Its position that there is no requirement in law for a public register is fundamentally flawed and ignores the provisions of Directive 2001/18".

On the exclusion of allotment holders and gardeners from those who should be legally informed of the intention to plant a GM crop near their land: "this approach is fundamentally flawed".

GM Freeze Director, Pete Riley said:

"The Government appears to be willing to re-write EU law and the dictionary to make sure GM crop growing can progress unhindered. If GM crops become reality, the consultation proposals would cut the ground from under consumers and farmers - their right to choose GM free products or grow GM free food would disappear as GM contamination spreads."

Friends of the Earth's GM Campaigner, Clare Oxborrow said:

"Government proposals for rules that allow GM crops to be grown alongside conventional and organic crops are a thinly veiled attempt to introduce GM crops through the back door. Allowing routine, unlabelled, GM contamination of conventional and organic crops is not only unacceptable to the public, it is legally flawed too. Ministers must tear up this GM pollution plan and protect our food, farming and environment from GM contamination".

Soil Association Policy Director, Peter Melchett said:

"The Government's proposals to deny organic and other farmers the choice of staying free of GM contamination break their repeated promises to keep organic food uncontaminated by GMOs. It is now clear that on top of banning choice and breaking their word, they will also be breaking the law."

Michael Meacher MP, former Environment Minister said:

"This consultation is the Government's latest attempt to back the GM industry over the wishes of the British public. Instead of paving the way for GM crops to be grown in England, David Miliband must take on board the thousands of responses rejecting the Government's GM contamination plans and put in place policies that protect GM free food and truly promote his vision of sustainable farming."

Notes

[1] Consultation on proposals for managing the coexistence of GM, conventional and organic crops. Deadline for public comments: Friday 20 October. www.defra.gov.uk/corporate/consult/gmnongm-coexist/consultdoc.pdf (PDF)

[2] People from around the country will join farmers and giant fruit and veg in Westminster today to reject the Government's plans and hand in a hamper of local, speciality and seasonal foods from around the country for David Miliband, Secretary of State for the Environment to highlight all the positive reasons why food and farming must be protected from GM contamination.

[3] Full legal opinion by Paul Lasok QC and Rebecca Haynes is available on request. See summary below.

Summary of Legal Opinion In The Matter Of Defra's Consultation on Proposals For Managing The Coexistence Of GM, Conventional and Organic Crops

Paul Lasok QC and Rebecca Haynes

The main conclusions of the opinion were as follows:

On the adoption of the 0.9% GM threshold for labelling GM ingredients as the baseline for crops in the field it says

"The labelling thresholds are … legally irrelevant so far as the scope of coexistence measures is concerned" Paragraph 28

On proposals to limit the scope of coexistence rules to purely economic factors it says coexistence ;

"was not intended to be limited in scope to the economic aspects of coexistence" .Paragraph 51

On DEFRA's proposals to only minimise GM contamination through coexistence measures

"is a flawed approach to the Community legislation" Paragraph 23

On the Government's application of the "adventitious" presence s to coexistence measures it says:

"It would seem to us to be strongly arguable that GM presence which is "built-in" or inherent by virtue of a generally applicable base-line norm or tolerance does not accord with the definition of adventitious presence". Paragraph 45

On the Government's view that coexistence rules have to be proportionate and not interfere with GM crop cultivation, the opinion says:

"we conclude that there is no legislative provision which requires a Member State to limit its coexistence measures to go no further than is necessary in order to ensure that GM content stays below the Community's labelling threshold" Paragraph 42

On the Government's suggestion that a GM Crop Site Public Register is not legally required under EU Law the opinion is very clear:

"Its position that there is no requirement in law for a public register is fundamentally flawed and ignores the provisions of Directive 2001/18".

Paragraph 6

On the exclusion of allotment holders and gardeners from those who should be legally informed of the intention to plant a GM crop near their land

"this approach is fundamentally flawed" Paragraph 56.

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Published by Friends of the Earth Trust