HL Deb 12 July 1991 vol 530 cc1664-6

3.38 p.m.

Lord Belstead rose to move that the draft order laid before the House on 4th July be approved.

The noble Lord said: My Lords, once again I apologise to your Lordships for the fact that the order was tabled at a comparatively late date. It will introduce a new system of controls over genetically modified organisms. I shall refer to them as GMOs. The controls are virtually identical to Part VI of the Environmental Protection Act 1990. They relate to the importation, acquisition, keeping, marketing and release to the environment of GMOs. The order is important since it will extend existing controls on GMOs, which currently relate mainly to the protection of human health and safety in the workplace, to the protection of the wider environment.

There is no precise definition of a GMO, as many of your Lordships will know better than I. GMOs are the products of scientific research and experiment involving the use of artificial methods of reproduction or replication. Basically the technology involves the alteration or deletion of genes. It does not cover traditional selective breeding methods, for example, in relation to horses.

Under the order, the new controls will relate to any living organisms except human and human embryos. Work is taking place on a wide range of projects, for example, the modification of food crops to protect them against natural predators, the climate or insect pests. Bio-technology has had an excellent safety record over the past 20 or so years. However, with the ever increasing importance of environmental protection and the potential impact on the environment of GMOs it is timely that our controls should be strengthened.

There are three main elements to the order. First, there will be a requirement, depending on the circumstances of each case, on persons who intend to import, acquire, keep, market or release a GMO to do the following: carry out a risk assessment of the organism concerned; notify the Department of the Environment of his intentions; obtain the consent of the Department of the Environment.

Secondly, the order will place a general duty on those involved in operations with GMOs to employ the best available techniques not entailing excess cost, for preventing damage to the environment. Thirdly, the order will provide for the appointment by the Department of the Environment for Northern Ireland of suitably qualified inspectors to enforce the control system and set out the conditions under which they will operate. This approach is in line with the recommendations of the 1989 report of the Royal Commission on Environmental Pollution and is consistent with EC directives on GMOs.

The close working interrelationship which exists between the human and the environmental health aspects of GMOs must continue. Detailed regulations are being prepared by the Department of Economic Development and the Department of the Environment in Northern Ireland setting out details of the new regime. This again reflects the position in Great Britain, where regulations are being prepared by the Department of the Environment and the Health and Safety Commission.

The field of genetic modification is complex. We shall work with colleagues in London on these specialised issues. The only area in which this order would differ from the 1990 Act is that it does not provide for an advisory committee. Access for Northern Ireland interests to the Advisory Committee on Releases to the Environment in London is already available under the committee's terms of reference. This will ensure that those operating the scheme in Northern Ireland will keep up to date with new developments.

This order will place control on GMOs in Northern Ireland on a similar footing to the rest of the UK. This is important for two reasons: it will give greater protection to the environment; and it will enable the UK to comply with the EC directive on this subject.

Moved, That the draft order laid before the House on 4th July be approved.-(Lord Belstead.)

Lord Prys-Davies

My Lords, I thank the Minister for taking us through the terms of the order. The noble Lord pointed out that it is virtually identical to Part VI of the Environmental Protection Act 1990. We accept that it is desirable that legislation on this important subject should be identical throughout the United Kingdom.

Nevertheless, if there are likely to be significant developments in this field in Northern Ireland—and the existence of the order implies that there may be such developments—should not the Secretary of State for Northern Ireland have his own advisory committee?

At the end of his speech the Minister claimed that a Northern Ireland advisory committee is not necessary as Northern Ireland will have access to the London advisory committee; that is, the committee set up under Section 124 of the 1990 Act. Is that adequate? Will the London committee have sufficient appreciation of developments in Northern Ireland?

On the other hand, will the Northern Ireland Department have up-to-date appreciation of the thinking in London? The Secretary of State for the Environment, based in Marsham Street, will be looking to the Committee for advice in connection with the powers contained in Sections 111, 112 and 113 of the 1990 Act. Articles 8, 9 and 10 contain corresponding powers in this order. That means that advice from the London committee will be sought although that is not specifically provided for in the order.

As the department is content to rely on the specialist advice emanating from the London committee, perhaps it would be preferable for at least one of it members to be appointed by the Secretary of State for Northern Ireland. I have not seen the terms of reference of the committee and the 1990 Act is silent on its composition. Perhaps the Minister can say whether the Secretary of State has a nominee serving on the committee.

Our main anxiety is the absence of the advisory machinery. Perhaps I may briefly raise one other matter. Article 10 empowers the department to set up a scheme of prescribed fees and charges in respect of the many consents that are required by the order. The schemes to be made under the 1990 Act must be laid before Parliament. Will the schemes to be made under this order also have to be laid before Parliament in the absence of an elected assembly for Northern Ireland? I shall listen with interest to the Minister's response.

3.45 p.m.

Lord Belstead

My Lords, I am grateful to the noble Lord, Lord Prys-Davies, for responding to this specific order and to other noble Lords who are still in the Chamber for listening to the debate although not taking part. As the noble Lord recognised, it is an important order although it is effectively harmonising the legislation in Great Britain. It is important that we place the order on the statute book because the European Community directive needs to be complied with by 23rd October of this year. That is the reason the order has been brought forward at this rather late stage in the summer Session.

The noble Lord made a good point when he drew attention to the representation on the advisory committee for genetically modified organisms in relation to Northern Ireland. He asked whether the Secretary of State should have his own advisory committee. As I understand it, membership of the advisory committee in London includes persons appointed by my right honourable friend the Secretary of State for the Environment on the recommendation of the Secretaries of State for both Scotland and Wales. Therefore, with respect to the noble Lord, Lord Prys-Davies, his first point that there should be a Northern Ireland special advisory committee is not such a good point. However, I shall certainly draw his second point, that there should be nominated representation, to the attention of my right honourable friend. I know that we are looking at the question of a similar appointment for Northern Ireland and the noble Lord adds strength to our elbow.

In relation to fees and charges the noble Lord asked whether the scheme under Article 10 should be placed before Parliament. The provision is that the scheme will be subject to scrutiny by the examiner of statutory rules in Northern Ireland. I hope that that will meet with the approval of the noble Lord.

On Question, Motion agreed to.