My Lords, it is a privilege to open the Second Reading of the Genetic Technology (Precision Breeding) Bill. I declare my interests as a farmer.
Science, research and development are at the heart of igniting the United Kingdom’s economic recovery, boosting productivity, creating new jobs and improving people’s quality of life. The United Kingdom is a world leader in genetics and genomics. With this Bill, we are supporting scientists to harness the huge potential locked within the DNA of plants and animals and will make sure that plants and animals developed using precision breeding are regulated proportionately to risk. We will also introduce a new science-based authorisation process for the food and feed produced from them and ensure that appropriate safeguards are put in place to regulate precision-bred organisms.
I am proud to present the exciting and vital opportunity that the Bill offers farming and the environment. It will give farmers options for greener, more resilient and more productive farming in the face of climate change and global challenges to world markets. Precision breeding has the potential to develop plants and animals that are more resilient to weather and resistant to disease and less reliant on chemicals such as pesticides and antibiotics.
This year we have seen England endure one of the hottest summers on record, leading to drought declarations in many parts of the country. Farmers have faced lower yields, higher fertiliser costs and challenging conditions for animal welfare. We do not have time to hesitate when it comes to ensuring that the right varieties and breeds are available to farmers to help them face volatile markets and a changing climate.
I will give noble Lords an example of how the Bill could help increase food production from a crop on which 2.5 billion people are dependent. At the John Innes Centre in Norwich, leading researchers have used precision-breeding techniques to identify a key gene in wheat that can improve traits such as heat resilience while maintaining high yield. This development could help address issues of rising temperatures not only at home but abroad.
The genetic technology Bill will create a new proportionate regulatory environment that will encourage innovation to help us adapt to the impacts of climate change. Many would say that this is long overdue. It is not an overstatement to say that precision-breeding technologies such as gene editing have the potential to revolutionise farming. Science has moved on from where we were 30 years ago, and this should be reflected in our legislation so that we can harness the benefits of these technologies.
I know that some noble Lords may have concerns regarding the safety of precision breeding. On that front, I hope to provide reassurance. For thousands of years, we have been breeding crops and animals to domesticate them and select desirable characteristics. Using the potential of animal and plant DNA in breeding programmes has resulted in safe and trusted products. Precision breeding is the latest in this line of breeding techniques which utilise this same resource. Under the Bill, an organism will be considered precision-bred only if it could have occurred through traditional or natural processes. Therefore, precision breeding allows us to introduce beneficial characteristics that could have occurred through traditional breeding, but much more precisely and efficiently.
Well, it was a real pleasure to hear the Minister open this interesting debate, and we are very grateful for the way he has done it. This is a Bill whose importance we should not underestimate. Although the amounts of money the Minister declared were quite small, the actual commercial value of these technologies in the longer term is massive. He has carefully, and very reasonably, understated the potential advantages to the environment: in a world that is increasingly suffering from crop pests and drought, this is a very serious issue. It has been estimated that, across the world, one-fifth of all cereal crops is lost by processes during storage, so this is massive in terms of starvation. Anything that can be done to make plants resistant will therefore be very important. Clearly, plants and animals have different consequences, and that is one thing we will need to discuss in Committee.
In addition to drought resistance, I have listed a few other things I think are important. The fact that you can make better flowers and improve the appearance of plants sounds trivial, but it is none the less part of the marketing. Certainly, for economies such as Ecuador’s, it is probably one of the most important money-spinning exports. In addition, pathogen resistance generally will be very important. Making plants that have greater nutritional value or bigger fruit will certainly be hugely valuable to a lot of people. There is a whole range of other things we might come to during this debate, which I will not go into in great detail now.
The challenges, however, are quite considerable, and before I come to that I will mention my own experience with gene insertion, transfer and modification of various sorts in animals. My experience goes back as far as when I first visited Jon Gordon in New York, about 40 years ago, and saw the giant mice he was trying to make. At the time, that was almost one of the first possible mutations, and he was very proud of the fact that he had done this. I was amazed to see what he was doing down his microscope and thought, “I have to get into this technology myself”. I did not, really, because by that time I was already involved in in vitro fertilisation, which uses some of those technologies but not all.
My Lords, it is a great pleasure to follow the noble Lord, Lord Winston. I strongly support this Bill. I would like to acknowledge my colleague in my department in Oxford, Jane Langdale, and her post-doc Dana Vlad. They spent a lot of time explaining the details of gene editing to me and showing me their work on rice.
It is widely acknowledged that current agricultural practices are unsustainable. The green revolution of the second half of the last century was a miracle. While the global population doubled between 1960 and 2000, per capita food production increased by 25%. This was a result of a combination of genetics, the application of agrochemicals, irrigation and mechanisation. But that miracle came at a cost: the loss of habitats and biodiversity, depletion of soils and water, contribution to greenhouse gases and pollution of the environment. Here in the UK, this impact is dramatically illustrated by the fact that populations of farmland birds have more than halved in the past 50 years. The simple fact is that, as we have squeezed more out of the land for ourselves, we have left less for the rest of nature. Furthermore, the gains of the green revolution are slowing down while demand is increasing. Many experts estimate that we will need to increase global food production by at least 50% by 2050.
This is why many have called for a doubly green revolution of producing more with less: more food with less environmental damage. This does not mean returning to pre-industrial, low-intensity organic farming. It means combining the best of new technologies, including GPS, IT, and genetics, to help us sustainably manage soils, habitats and water and reduce greenhouse gas emissions, while producing more food from the same amount of land. Precision breeding can play an important role in this doubly green revolution. We have already begun to hear of some of the benefits it can bring, including reduced use of pesticides, perhaps better nutritional properties, increased disease resistance, resilience in the face of climate change and increased yields.
My Lords, I begin by drawing attention to my farming interest in the register. Like others who have spoken, my first comment is to welcome the Bill. I agreed enormously with the noble Lord, Lord Winston, when he said—I have put it into my own words—that we are doing what we should have done years ago. More years have passed than I am prepared to admit since I graduated in agricultural sciences. The teaching of genetics then, which had of course moved on some way from Gregor Mendel, could be described as the foothills of the science, practice and application of genetics compared with the towering peaks of genetic knowledge and application today.
Mercifully, however, I have had a number of refreshers in genetics since those days—the first was in the 1980s, when I was Minister of Agriculture. Noble Lords will remember that, in those days, the European Commission was faced with horrific surpluses of almost every agricultural product, which we could neither eat at home nor sell abroad. The Commission’s Luddite reaction was to discourage any new scientific procedures which could make those surplus mountains and lakes even larger. It did its best to discourage developments, particularly entry into the food chain of products created by genetic modification or by things such as hormone implants in animals to promote growth. On the latter, it even suppressed scientific assessments which it had commissioned itself because those studies could see no danger in proceeding. So, in those days, little progress was made in applying the new technology and the potential benefit from the emerging techniques of genetic modification. Somebody once said—I am not quite sure where—that it has become technically possible, with the knowledge of applying genetic techniques, to cross an elephant with an oak tree; I will come back to that in a minute. In the 1980s, the Commission’s actions very much stifled the fruits of science.
I had a further refresher in 1998 and 1999—shortly after I first became a Member of your Lordships’ House—when I was a member of the European Communities Sub-Committee D under the most distinguished chairmanship of the late Lord Reay. We produced a report entitled EC Regulation of Genetic Modification in Agriculture. Having studied the Commission’s stranglehold on the progress in this area, we concluded in paragraph 203, the final conclusion of the report:
My Lords, I should first declare an interest through my involvement with the Rothamsted Research institute, which is already carrying out authorised genetically edited field trials on wheat in an attempt to tackle some of the global food challenges that we collectively face today.
In previous debates in this House and in the Commons during consideration of this Bill, we on these Benches have made clear that we are pro-science and pro-innovation. We understand that laws designed 30 years ago for GM products need to be updated. It is a process of reform taking place in many countries, including the EU, which, as we know, is undergoing its own consultation process, so nothing we are doing here is unique. It is an opportunity for the UK to be at the forefront of technology, but this will be the case only if our legislation is respected globally as being robust and effective. Sadly, I do not believe the Bill as it stands meets that aspiration: it fails, in its current form, on a number of fronts.
First, as the Minister acknowledged in his letter to us of 1 November, the Regulatory Policy Committee gave the Bill’s impact assessment a red rating. Its reasons included: failure to assess the impact on business; failure to acknowledge and assess competition, innovation, consumer and environmental impacts; and failure to address the impacts from removing labelling and traceability requirements. The Minister’s response in his letter was to say that this rating was not terribly important and it was not a reflection of the quality or ambition of the Bill. I must say I beg to differ, because these factors, which the impact assessment ignored, are fundamental to the quality of the Bill, and hence the problem we have before us today in dealing with a Bill where much of the detail is missing.
Equally, the Minister’s solution to this red rating, as set out in his letter, was to create an enactment impact assessment to be delivered at the end of the Bill’s passage. I have to say that that is simply not acceptable, since it will not inform our deliberations as we scrutinise the Bill through its various stages. We need that information now. Has consideration been given to postponing the passage of the Bill, so that we can have all of the promised documentation before us in a timely manner when we consider the Bill?
My Lords, because of my interests as a veterinarian and as declared in the register, I shall confine my remarks to the impact of the Bill on animals, particularly in terms of disease resistance, the environment and animal welfare. These are overlapping issues for which, in my opinion, there is huge potential for positive effects with the adoption of new breeding technologies.
Notable recent advances in molecular biology relevant to the Bill include the increased speed and lower cost of whole-genome sequencing, as well as the precise manipulation of the genome by such means as gene editing. Against this background of scientific advances, although it has long been known that there is variation within and between species of animals in susceptibility to infectious pathogens, this has, by and large, not been exploited and emphasised in the conventional breeding of animals; conventional selective breeding has tended to concentrate on other productivity traits.
Now, with whole-genome sequencing, gene editing and using the range of genetic resources represented by a variety of breeds of livestock—rare breeds are a particularly valuable resource here—there is now a real opportunity to select for disease resistance relatively rapidly and very precisely. For example, using gene-editing technology, pigs have been bred with resistance to porcine reproductive and respiratory syndrome, a viral infectious disease of global importance that causes extremely high morbidity and mortality. In Europe alone, it is estimated to cost more than £1.3 billion per year.
With regard to avian flu, with which we are all now familiar and which is currently causing huge mortality in both wild birds and domestic poultry throughout Europe, it has been possible to gene-edit chicken cells in culture to make them resistant to the avian flu virus. This gives hope that poultry with genetic resistance to this pathogen could be developed.
My Lords, it is a pleasure to follow the noble Lord, Lord Trees, and to reinforce his concern about gene drive and his desire for a direct answer from the Minister at some point.
The House may not know that the term “genetic engineering” was coined by a pulp science-fiction writer, Jack Williamson, in the novel Dragon’s Island. As you would expect from a 1950s pulp science-fiction novel, it was an extremely lurid, overwritten and overblown expression of concern, but the concerns that arise from gene drives fit within that framework.
Returning to the framework of this Bill, your Lordships’ House is now used to Bills coming before us, from the Commons or directly from the Government, in a dreadful state. However, the Schools Bill was at least about schools. The Procurement Bill was at least about—you guessed it—procurement, however poorly drafted it might have been, as the Government acknowledged. Yet with this Genetic Technology (Precision Breeding) Bill we have hit a new low. Experts from across the field, including many in favour of the widespread rollout of gene editing, say that “precision breeding” has no technical or legal meaning. The phrase is a sales slogan, not a definition, making the tabling of this Bill extremely surprising. The noble Baroness, Lady Jones of Whitchurch, set out many other practical concerns from the Regulatory Policy Committee. I will not repeat them, but the red flags are flying.
Echoing and building on the comments of the noble Lord, Lord Winston, coming back to “precision”, how DNA works is far from precise, and the tools with which we manipulate it interact with highly variable genetic material in unpredictable ways. I will venture a little into the depths of the science because it is crucial. As with so many other issues within science, understanding is changing fast. Science often revises itself in deeply fundamental ways. I am afraid that your Lordships’ House as a whole has not truly grasped that. There are few people in politics with a scientific background, though many of them are here in the Chamber today, and some who acquired it many decades ago, while those understandings have since moved on, and sometimes have reversed.
My Lords, it is a pleasure to follow the noble Baroness, Lady Bennett of Manor Castle. Since my wife is always accusing me of verbal pedantry, I suppose I should feel some sympathy for the noble Baroness’s opening argument, which seems semantic in essence—that the words “precision breeding” in the title of the Bill do not accurately describe genetic editing. However imprecise the wording may be, no one can doubt that gene editing is more precise than relying on random variations of natural breeding, let alone the radiative mutations that used to be permitted. I just suggest to the noble Baroness that a rose by any other name may smell as sweet, and that this Bill, under any other name, would be as good.
I cannot claim the expertise contributed by many noble Lords in this debate but, for 35 years, I have had the honour of representing Rothamsted agricultural institute. The noble Baroness, Lady Jones of Whitchurch, has the even greater honour of being on its board. It is one of the oldest agricultural research institutes in the world and it is world-leading. It aims to bring the best of science into practical application. I spoke to people there this morning and gathered that they are immensely supportive of this Bill. Someone said it removes the roadblock that an EU legal ruling has provided, which has prevented the institute implementing and gaining practical benefit from scientific developments that have already been made. Only a couple of weeks ago, it planted the seeds in a second trial for gene-edited wheat. I am informed that normally when wheat is cooked it can produce acrylamides, which are potential neurotoxins. This variant will produce fewer acrylamides and will be less toxic; it will be safer and healthier for users if all goes well. That is an example of how this sort of technology can be good for the health of humans, as well as for plants, animals and the ecosphere.
As the noble Lord, Lord Jopling, said, we are having to change the law because we inherited law from the European Union that was based on the precautionary principle. I only wish that Viscount Ridley were here to contribute to this debate. He has often analysed the precautionary principle in the past and said it boils down to saying that you must not do anything for the first time. The principle has been around in Europe since long before the European Union was thought of. When tomatoes were first brought from South America to Spain, people said, “They are obviously deadly poisonous. You must not eat them. That red colour signifies their danger.” For two centuries, no one ate tomatoes—they were grown only for decorative purposes—until a couple of old souls tried them and found them tasty and nutritious. They are now a major part of our diet.
6:16 pm
20 of 56 shown
In putting forward the Bill, we are choosing to follow the science. The scientific advice from independent scientific experts and our expert Advisory Committee on Releases to the Environment, or ACRE as I shall refer to it, is that organisms produced through precision-breeding technologies pose no greater threat to the environment and health than their traditionally bred counterparts.
The Bill sets out four key policy objectives which would enable the proportionate and science-based regulation of precision-bred organisms, while still making provision for appropriate safeguards for precision-bred plants, animals and the food and feed derived from them. The first objective is to remove plants and animals produced through precision breeding from the regulatory requirements governing the environmental release and marketing of genetically modified organisms, also known as GMOs. The key difference between precision breeding and genetic modification is that genetic modification produces organisms containing genes from a sexually incompatible species that could not occur naturally or by traditional breeding. The current GMO legislation will continue to govern these organisms.
Secondly, the Bill will introduce two notification systems: one for precision-bred plants and animals used in research trials, and a second for the marketing of precision-bred plants and animals. The information collected from these notification systems will be available on a public register on GOV.UK, which I hope will give noble Lords confidence in the transparency that the Bill provides.
The third objective will be to establish a proportionate regulatory system for the marketing of precision-bred animals to ensure that animal welfare is safeguarded. I understand that some of your Lordships may have some concerns regarding the inclusion of animals in the Bill. The Government are committed to maintaining our already high standards in animal welfare. That is why we are planning to take a step-by-step approach, facilitating the commercial use of precision-breeding technologies in relation to plants first, followed by animals later. We will work closely with industry, animal welfare NGOs, scientific advisers and other stakeholders to design the next steps.
To ensure that animal health and welfare are safeguarded, under the Bill anyone wishing to place a precision-bred vertebrate animal on the market will have to submit an animal welfare declaration, which will be assessed by an animal welfare advisory body. These measures are designed to safeguard animal welfare and ensure that the health and welfare of relevant animals will not be adversely affected by any trait that results from precision breeding.
I hope noble Lords are reassured that the measures in the Bill will not only safeguard animal welfare standards but have the potential to improve them. For instance, in research by Imperial College London, the Pirbright Institute and the Roslin Institute, we have seen the potential to use gene editing to produce chickens that are resistant to avian influenza—a disease that noble Lords will know is currently having a devastating effect on wild birds and poultry farming in this country.
The final policy objective will be to enable the establishment of a new science-based pre-market authorisation process for food and feed products developed using precision-bred organisms. The Food Standards Agency will design a new framework that is more proportionate to the risk profile of precision-bred food and feed products. This authorisation process will build on five key principles: safety, transparency, proportionality, traceability and building consumer confidence.
The Bill has the potential not only to unlock benefits for the economy, as the size of the global market for technologies such as gene editing is predicted to rise to over £7 billion by 2026, but to unlock benefits for farming and to address the impacts of climate change and to reduce food waste. Tropic Biosciences is an example of the innovative, smaller bioscience research companies that the Bill will benefit. It has recently developed a non-browning banana using precision-breeding techniques. Given the fruit’s high perishability, this innovation has the potential to reduce waste, which helps both the environment and consumers. It is exciting to think that the Bill will support investment in both Britain’s leading research institutions and SMEs such as Tropic. As we move to align with our international partners and harness the benefits of these technologies, we are enabling the development of foods enjoyed at home and abroad.
I am looking forward to what I am sure will be an enlightening debate. I beg that the Bill be read a second time.
What was surprising and horrifying was going down to the animal house with him afterwards and seeing the mutations he had not talked about, which had occurred as a result of the manipulation of gametes and embryos. There was no doubt that some of the animals were unexpectedly blind and had limb defects and a whole range of other things—skeletal defects of different sorts—as result of whatever it was: whether it was the DNA being inserted or the method of manipulation was not at all clear.
That has been a constant problem. In the early days, raw DNA was injected, and gametes and embryos have been soaked in DNA, from whatever source. We have made DNA, of course, using instruments, and various ways of incorporating DNA have been used, with greater efficiency. Until recently, the main way of doing this was using viruses that were piggybacked as a kind of Trojan horse into the nuclear DNA of the organism. Now, of course, we have CRISPR-Cas9. I wonder whether the Minister, when he sums up, might apply himself to how often that will be used, or whether it is involved in this legislation. To my mind, it is not entirely clear from the Bill what techniques will not be permitted. The idea of natural sources seems to be a bit blurred.
I know from our own experience of all kinds of gene expression, we get lots of surprises—it is variable. Certainly with CRISPR, although that is probably the most accurate targeting at the moment, we often do not get any kind of gene expression at all and sometimes we do not get insertion. It is well-known, as I am sure the Minister knows, that you occasionally get off-target mutations, which may cause problems to the organism, added to other abnormalities that are completely unexpected.
With any gene insertion or any kind of gene manipulation, there is a risk that in some species there will be different attitudes. There is an issue of whether or not the genetic modification that you want will be maintained and continue to be expressed in the way that you want. I see that multiple repeats will be allowed in the Bill, which may help to increase the amount of gene expression—I imagine that is why that was considered—but all these unfortunately quite technical issues are things that we will need to discuss in Committee.
Without going further, one of the clear issues as a result is that a lot of people will be concerned about the welfare of the animals. One might make large animals. The biggest animals that we have been involved with in my own laboratory have been pigs, which are pretty big, but some people have modified cattle as well, and that may be something that we need to discuss. We do not always treat our farm animals as well as we should, and in many parts of Europe there are very heavy-bred animals that I would have thought suffer considerably because of the breeding or interbreeding that is dictated. When I do any kind of animal research myself—I did it in the past but do not do much of it now, although my team still does—we have to have strict animal licences from the Home Office. I do not see anything of quite that calibre in the Bill, so maybe we need to look at that in Committee.
The issues for a lot of people will be, for both plants and animals, those of diversity. I remember clearly Dolly the sheep, which was a very different issue but there were some similarities. When that paper was produced in Nature, I was surprised to see Dr Ian Wilmut justifying the procedure of cloning on the basis, he said, that we would be able to make better farm animals that would be used for herds. That may be true, but if you reduce diversity in a herd then you may increase the risk of that herd suffering from unexpected organisms or different traits that you have not yet identified. That is an issue that we need to look at in detail when we examine the Bill in detail.
I suggest that, apart from diversity, we have to look at how reliable the technique is. I am quite concerned by the use, in the Title of the Bill, of the phrase “precision breeding”. I know it is coming into the literature—I see it increasingly in scientific papers—but in biology there is no such thing as precision. We do not know what is precise or entirely predictable. One of the reasons for being interested in genetics is that it is not completely predictable. It is that issue that may cause concern, along with animal usage, which is something that we need to look at. I ask the Minister to address that issue.
Without going into a huge amount of detail, I am still not clear what we do when there is a high abnormality rate in any animals as a result of these techniques. Do we just cull the animals? Do we treat them in a different way? What kind of disposal of livestock will be used? That will be important. With plants, as everyone knows, one of the great issues that have dogged this technology from the very beginning is changes in the surrounding habitat: changing the environment for both insects and other plants, and the risk of plants overgrowing areas. With an unstable environment in some countries, the real question is: might you then end up destroying crops that you really need or reducing the value of crops that you already have?
These are some of the issues I am quite concerned about. The Bill continuously deals with the issue of marketing and profit. I remind the House that that was one factor in sinking Monsanto when it produced its initial modification, which was then marketed. The marketing was so aggressive. I think the marketed seeds would not reproduce so farmers could not then use them as their own technology in countries which were developing economies. That is one issue we need to look at.
All these technologies are controversial, as the Minister and the Government have certainly accepted. They should not be controversial, but no doubt the controversies will be raised in this debate. We have to be absolutely clear, as the Minister said from the Front Bench, that everything we do with these organisms has clarity and proper accountability. We must be absolutely sure that we are not causing harm but trying to do good.
That brings in the issue of how you manage to run the regulation of this technology, which is focused on a considerable amount in this Bill. However, I am not sure it is adequate. In particular, perhaps we ought to be looking at the long-term effects—particularly in animals when looking at epigenetic effects which will not be expected at the time of the modifications or changes in DNA we are looking at—to the fate of the animal.
That will be very relevant because one of the great advantages of these plants is that they are not only good for nutrition but for making chemicals and medicines we want to use in human care. To some extent, this information will be valuable to human medicine as well when it comes to animals.
There is a great deal to be discussed, but we need some clarity over some of the terms used, particularly “precision” because I do not believe anything in life is really precise. Certainly, my expectation from biology is that it is imprecise, which is one of the reasons I probably got so interested in embryos.
Nevertheless, as we heard, a bit over 20 years ago, the application of a different advance in genetic technology—namely, transgenic modification of crops, or “GM crops” for short—stalled in this country because of objections, and I hope that that does not repeat itself. Of course, the Daily Mail’s coining of the term “Frankenfood” was a key catchy slogan for the objectors. I personally bear the scars of that campaign because I was head of the Food Standards Agency at the time. GM crops were subject to regulatory scrutiny for safety under the novel foods regulation on a case-by-case basis. But, because the FSA concluded that herbicide-tolerant soya or Bt maize, for example, was as safe as its conventional counterpart, I earned soubriquets such as “Professor Bullshit” and “The man who put the ‘con’ into consumer protection”.
There may be lessons to be learned. One is that, although the objectors in the anti-GM campaign often presented their worries as being about human health or environmental safety, they were also concerned about other things, such as the role of agribusinesses—the noble Lord, Lord Winston, referred to Monsanto—the further intensification of agriculture or simply this being playing God with nature. This meant that scientific arguments about the rigour of regulatory scrutiny by expert committees gained little traction. So we have to be aware of that, as we think about introducing this form of genetic technology.
Another factor was that the benefits of the first generation of GM crops accrued primarily to farmers in North America and South America, rather than to consumers in the UK. Perhaps the direct consumer benefit contributed to the uncontroversial acceptance of GM human insulin—which many, perhaps most, diabetics take—or GM rennet for making cheese, including organic cheese. When I talked about this to then US Agriculture Secretary Dan Glickman, he responded—I will not do the full American accent—by saying, “So you mean that, when we have a tomato with the Viagra gene, consumers will lap it up”. Perhaps, in this case, precision breeding will produce products that have a direct consumer benefit, which might help to get over the hump, so to speak.
I now turn to a few specific points and questions for the Minister. The definition of precision breeding in Clause 1 is deliberately—I assume—broad, as the noble Lord, Lord Winston, mentioned. For instance, gene editing can be used to delete a gene, to modify a gene within the existing genome or to replace a gene from within the same species. Could the Minister confirm that all three of these are included in the definition of “precision breeding”? Could he also perhaps elaborate on what he said in his excellent introduction about the relationship between precision breeding, as envisaged in the Bill, and transgenics—GMOs—as considered in earlier legislation? Is the aim to draw a clear line, or put clear blue water, between transgenics on the one hand and gene editing or precision breeding on the other? Alternatively, is it seen that, once accepted, precision breeding is a stepping-stone to the wider deployment of modern genetic techniques? Perhaps the Minister could comment on that.
I turn briefly to residual exogenous DNA. Although the aim in gene editing is to modify genes within a species, part of the process of doing that involves the DNA from other species. This may be the agent that brings the gene into the cell, which may be the bacterium Agrobacterium, or an antibiotic-resistance gene that is used in the selection process to find out what you have gene edited. The question that some people have raised with me is: if residual bits of exogenous, or foreign, DNA remain after gene editing, is this not transgenics by the back door? However, importantly, the Bill points out that, if there are residual fragments of DNA, they would not be able to code for a protein, and they would therefore be non-functioning. In this way, even if there are a residual bits or fragments of exogenous DNA a few base pairs long, gene editing is quite distinct from transgenics. I hope that the Minister will confirm my interpretation.
How can we deal with these residual fragments if people are worried about them? In theory, whole genome sequencing could be used to search for these tiny fragments, but on the other hand it may be difficult to distinguish exogenous fragments from somatic mutations that have occurred during the process of a gene-edited organism growing up. However, it is important to note that the techniques of gene editing are not static; they are developing rapidly. In a recent paper in Plant Physiology, Yubing He, Mudgett and Zhao point out that it is already possible to gene-edit plants without any residual transgenes, so perhaps this worry will disappear in the future.
The noble Lord, Lord Winston, referred to animals. The Bill takes a very broad definition of “animal” as meaning any metazoan—in other words, all eukaryote multicellular taxa of animals. This, I understand, is designed to future-proof the Bill. While it seems unlikely that scientists will, in the near future, wish to market gene-edited tardigrades or onychophorans—your Lordships should look that up on your smartphones—the Bill could, for instance, open the way to gene-edited companion animals, such as cats and dogs. It could be a new way to create the best in show at Crufts. Given that this will be an additional cause of worry, I wondered if it might be more appropriate to proceed in a stepwise fashion and, in the first instance, restrict the Bill to farm animals. That is just a question.
Some people have argued that if we are going to have gene-edited products, they must be labelled. This seems a bad idea for a very simple reason: the gene-edited product will, on the whole, be indistinguishable from a comparable product produced by conventional breeding, so labelling could become a potential cheat’s charter. That is why I think the Food Standards Agency’s proposal of a public register of gene-edited products that have been put on the market or have applied for approval would be a good alternative to labelling to provide transparency.
My last comment relates to the Food Standards Agency’s two-tier regulatory approach, which is still under development, for approval of food and feed. The threshold for entering the higher tier, requiring more detailed regulatory scrutiny, is that the change brought about by gene editing is deemed to be “significant”. I can see this becoming a recipe for boundary disputes, and I wonder whether a single continuum might turn out to be an easier approach. That is really for the Food Standards Agency to consider as it refines its approach.
I end with a quote from Jonathan Swift. In 1727, he wrote that
“whoever could make two ears of corn or two blades of grass to grow upon a spot of ground where only one grew before, would … do more essential service to his country, than the whole race of politicians put together.”
In the 21st century, Swift needs to be updated for gender equality: the co-discoverers of gene editing, Emmanuelle Charpentier and Jennifer Doudna—both female and Nobel prize winners for chemistry—have done more for humanity than probably any of us will ever do.
“GMOs need to be regulated, at least until our knowledge develops further, but it would be extremely damaging if Europe’s access to this technology was subjected to inappropriate impediments”.
We are now discussing this welcome Bill, which introduces these necessary regulations to ensure that foodstuffs which have been altered through genetic techniques are safe.
However, at that time, we discovered that, in spite of the Commission’s Luddite attitudes, large quantities of genetically modified soya beans, maize and tomato pulp were already being imported into the European Community, particularly from the United States and other places where regulations could be described only as lax. Indeed, in our Select Committee report published in 1999, we said in paragraph 15:
“The enzyme Chymosin is identical to rennet and is produced by genetically modified yeasts or bacteria. It was introduced in commercial cheese-making in 1991 and is now used to manufacture 90 per cent. of hard cheeses”—
so much for the Commission’s restrictions back then.
The Bill is a worthy step in ensuring that the introduction of gene editing and other techniques will happen only with proper safeguards, but I have some concerns about the Bill. We are told that it covers genetic changes that could have occurred naturally or through traditional breeding methods. This clearly rules out our elephant and oak tree liaison, which I referred to earlier, but I can foresee some prolonged arguments as to whether the traditional processes or the natural transformations conditions apply. I think the noble Lord, Lord Winston, again, had the same anxiety as I have. So, will the Minister expand a little on the appeals procedure, because I can imagine many, many appeals about whether those conditions within the Bill are followed? For instance, modern wheats are created from mutations years ago, long before genetics was dreamed of—unlikely mutations, in those cases—which I can see could be the basis for arguments as to whether new products today are within the rulings of the Bill.
Finally, I recall a conversation I had in the early 1980s with Lord Rothschild, the former chairman of the Agricultural Research Council. He was wildly enthusiastic about the possibilities of using genetic techniques to attach to wheat plants the capacity of legumes—peas, beans and clovers, in this case—to fix nitrogen from the atmosphere, thus providing nutrients for the wheat. On one hand, it would have dramatically increased wheat yields in exceptionally poorer land and would have had a massive effect on relieving poverty and hunger in less developed countries. On the other hand, it would also have reduced the demand for fertilisers and similar chemicals. I know that this particular research, which was entered into enthusiastically all those years ago, was too complicated to be fully developed and has slowed down, although I understand it still continues. I quote it as an example of a development that would or could be hugely beneficial to mankind.
I remember a similar development when I was Minister of Agriculture. Using public money, I bought—I cannot remember how many—perhaps about 10 Chinese pigs, much to the hysterical amusement of the Chinese Minister of Agriculture, because the department’s scientists knew that those pigs had an in-built capacity for very large litter sizes and they wanted to see if they could extract the gene and implant it into the traditional European pigs, which would have made them very much more productive. My point about this is that it seems a pity that the Bill gives no encouragement to these sorts of benefits because of the limits of the Bill, especially in Clause 1. Those rather glamorous developments, if I can put it that way, remain impossibilities. Will the Minister please comment on these sorts of possibilities and say some encouraging words about possible further steps in the future to embrace the influences for good that could lie ahead through much wider genetic modifications than those rather limited ones that appear in the Bill?
Secondly, all the evidence shows that the public support genetically edited foods having a different regulatory regime than genetically modified foods, provided there is effective regulation, transparency and labelling. However, much of the detail in the Bill is left to secondary legislation, so we simply do not have that; we cannot measure it. It is not clear, for example, what information will be disclosed to the public about field trials or product labelling. We are being asked to take a great deal on trust, which has already been stretched to breaking point, given the delays that have followed the passage of the Environment Act, where, as we know and have debated before, all sorts of promised and statutorily required follow-up legislation has not been forthcoming.
That is why our colleagues in the Commons proposed a much more rigorous model of regulation, akin to the Human Fertilisation and Embryology Authority, to oversee the process and give that consumer confidence, proportionality and environmental safety, and implementation of the legislation proper oversight. This would give both researchers and businesses confidence in the regulatory system, as well as cementing public confidence in and acceptance of the new regime. I am sorry that the Government did not see fit to accept that proposal; I hope that, even now, the Minister will feel able to reconsider it.
Thirdly, many of the benefits of the Bill highlighted by Ministers focus on the environmental and food security benefits. We welcome the prospect of, for example, creating plants that are resistant to extreme weather conditions and diseases, could reduce the need for pesticides or could create higher yields to address rising food insecurity driven by climate change. Indeed, much of the good work already being carried out in scientific institutions around the country addresses these very issues; I fully acknowledge the critical role that they are playing in addressing our global food challenges.
When we first debated the outline of the Bill, it was focused on crop research. However, a decision has now been made to open up the reforms to the genetic editing of vertebrate animals. I am much less convinced by the need for this provision or that the animal welfare protections currently in the Bill are sufficient. My noble friend Lord Winston set out the concerns better than I could every aspire to but, for example, there is a real danger that animal gene editing could be used to accelerate traditional selective breeding to produce fast growth, high yields and large litters, which we know are capable of causing suffering to farmed animals. The image of chickens unable to stand because their body weight has been steered towards excessive breast meat must be avoided in the future, not exacerbated. We need those guarantees. In the Commons debate, my colleague Daniel Zeichner quoted the Nuffield Council on Bioethics. It is worth repeating. He said that
“animals should not be bred merely to enable them to endure conditions of poor welfare more easily or in a way that would diminish their inherent capacities to live a good life.”—[Official Report, Commons, 31/10/22; col. 678.]
One of the main examples cited for how animals might benefit from genetic editing is that it may cut down on antibiotic use; of course, we all understand the strong arguments for that. However, if the end result is that animals simply live in more confined spaces without infecting each other, it is an unacceptable outcome. In the Commons debate, the ex-Secretary of State, George Eustice, said that he had hesitated before adding animal research into the Bill but had concluded that you should not put off things that are too complex by kicking the can down the road. I am sorry that he did not kick this can down the road, because it is too complex and the Government still do not have the answers as to how this element of the Bill can provide robust animal welfare solutions. Again, we are being asked to take the details of how this will work on trust, as the Government have said that they will consult further on this issue. Meanwhile, the powers to introduce these changes via secondary legislation, without further scrutiny, already exist in the Bill.
So, I do not believe that the Bill is fit for purpose in its current form. It needs to be more clearly underpinned by clear public interest criteria for future research. It needs to have a more robust and accountable regulator. It needs to rethink the application of gene-editing freedoms in animal research. I look forward to the opportunity to debate these issues further in Committee.
With regard to environmental issues, by reducing disease morbidity and mortality, new breeding technologies have the potential not only to improve food security but to maintain output with fewer animals and reduced land use, while at the same time reducing drug and chemical usage—notably that of antibiotics and parasiticides—to help combat the global problems of antimicrobial resistance and environmental pollution.
A further major environmental benefit is the reduction of greenhouse gas emissions from both reducing morbidity and mortality—that is a major cause of emissions that do not lead to any productive benefit—and directly breeding animals, particularly cattle, with reduced methane emissions. We know that that is a heritable trait in cows. So, I would argue that, in total, there are some substantial potential environmental gains.
With regard to welfare—let us remember that disease is a major welfare issue—reducing disease is a huge welfare gain, as I have outlined. In addition, welfare could potentially be improved by reducing the need for certain potentially painful management procedures, such as disbudding calves so that they do not grow horns or breeding polled cattle. Sex determination could avoid the large-scale culling of, for example, male chicks from layer flocks of chickens.
Concerns about animal welfare, as we have already heard, are raised; they are sincerely held but I am yet to be convinced that they are well founded in that they seem not to be specific in any way to precision breeding or gene editing, which experts in the subject maintain mimic natural mutational processes and conventional breeding. As with the introduction of any new technology, it is important to weigh the benefit-cost ratio. In my opinion, in this case, it is very positive in favour of the technology—provided, of course, that there are appropriate regulations and safeguards.
Turning to that issue, the Bill sets out a number of requirements, which the Minister elucidated, that must be met to enable precision-bred animals to be developed and marketed. These measures are in addition to existing animal welfare legislation. I will illustrate that in a bit of detail, if I may.
This Bill does not change existing legislation safeguarding, for example, animals in research and development. They are protected by the Animal (Scientific Procedures) Act 1986, world-class legislation which protects animals during the research and development of drugs and vaccines for humans and for animals. Also, the Bill does not change the Animal Welfare Act 2006, which protects animals in many other ways. I highlight two aspects of the Animal Welfare Act and subsequent regulations. The Welfare of Farmed Animals (England) Regulations 2007 state:
“Natural or artificial breeding or breeding procedures which cause, or are likely to cause, suffering or injury to any of the animals concerned, must not be practised ... Animals may only be kept for farming purposes if it can reasonably be expected, on the basis of their genotype or phenotype, that they can be kept without any detrimental effect on their health or welfare.”
Regarding dogs, which my noble friend Lord Krebs mentioned, the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 state:
“No dog may be kept for breeding if it can reasonably be expected, on the basis of its genotype, phenotype or state of health that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring.”
I suggest that these two pieces of legislation are relevant to this Bill.
Moreover, it is generally agreed that, where possible, welfare assessments should look at the outcomes of any given management or breeding procedure and should not, without evidence, presume certain systems are good or bad for welfare a priori. I am ashamed to say that current natural breeding and management practices can lead, and have historically led, to welfare issues. I cite double-muscled Belgian Blue cattle breeds, which initially had to be delivered by caesarean section, and brachycephalic—or short-nosed—dogs, which we have bred with increasing levels of deformity as a fashionable trade, but which suffer all their lives from chronic ill health.
This Bill introduces additional animal welfare monitoring and checks over and above existing animal welfare legislation. One might argue that if existing legislation was fully enforced, the sincerely held concerns about negative welfare outcomes of this Bill could be assuaged.
The Government have said that the application of this Bill to animals will not take place until a regulatory regime is in place. Is this regulatory regime what is currently outlined in the Bill, or does it refer to additional regulatory measures that might be brought in?
Finally, I have some concerns which I share with others about gene drive technology. Would gene drive technology implemented by gene editing be permitted under this Bill, or will gene drive be classed as GMO and subject to existing GMO regulations? Gene drive technology is being researched not only for use in insects in the tropics to prevent the transmission of disease but in mammals, for example, for the potential population control of alien species such as grey squirrels. It involves the release into the environment of gene-edited individuals, characteristics of which, such as producing male-only offspring, are naturally amplified through the wild population. This is essentially an irreversible process which, if applied to wild animals, has considerable consequences for biodiversity and the environment, and has international ramifications too. Will gene drive technology, achieved by gene editing, be permitted under the Bill? I will fully understand if the Minister wants to respond by letter.
In general, I support this Bill very strongly. It would allow exciting new technologies which have the potential to be a game-changer in how we control disease in animals, to improve animal welfare and to be beneficial to the environment.
As the noble Lord, Lord Winston, outlined, genes do not operate in a deterministic way how an organism develops. Living beings are complex, ever-changing. They are not machines built to a blueprint. Picking up some of those technical points, copy number variation, the number of instances of a gene, can have widely varying effects. There are epigenetic changes: under different environmental circumstances the code of the genes can be read differently. Even the location of the same gene in a different place can result in widely different outcomes.
What I was taught in a science degree 30 years ago was junk DNA—about 99% of the total—is now titled “non-coding DNA”. We know, as we knew then, that it does not produce proteins, but it has widely varying impacts on the DNA that does produce proteins. I pick up the point made by the noble Lord, Lord Krebs, about exogenous DNA, paraphrasing a little, that we do not really have to worry about it, but his junk DNA can have unknown and variable effects, so we really must think about it. However, I thank the noble Lord for putting “tardigrades” into Hansard, I think, for the second time, since the first time was in my maiden speech.
There is increased scientific understanding of how genetics and the environment interact. It is neatly, if somewhat cryptically, summed up in the phrase “genotype does not determine phenotype”. Plants and animals are products of complex, sophisticated, ever-changing interactions between their genes, the microbiome that, in effect, makes every complex organism in an individual ecosystem—including every Member of your Lordships’ House—the chemical and physical framework around them, and even pure chance. I point noble Lords to a fascinating article in New Scientist on 21 September on fascinating new research showing how there is a large element of chance in the way your brain develops.
The tools used for gene editing are not nearly as precise as has been claimed and there is a practical reality about how these studies are carried out. They often fail to check beyond the intended outcomes; they see if they produce what they wanted, but they do not see what else they have produced. To quote one careful academic analysis from this year,
“very few studies have used ‘unbiased’ methods and a systematic approach to detect genome-wide off-target mutations.”
That is where we look for the driving force, the commercial interests, behind so much of this research. People are very often not paid to find the results that they did not want.
I point noble Lords to an excellent briefing, which covers these issues in far more detail than I have time to, from the Alliance for Food Purity. There is a great deal of very detailed technical work in that briefing. However, the underlying problem is that the Bill is applying the language of engineering to biology, and they are not compatible. The outputs—the food that we might all eat without knowing it, if the Bill is allowed through in its current form—could see the appearance of unexpected allergens or even toxins. With the Bill in its current form, farmers could see genetically edited seeds planted in their neighbours’ fields and changing the genetics of their fields, without their being informed. That is a particularly huge issue for organic farmers.
That issue is played out on a national scale too. Both the Scottish and Welsh Governments have indicated that they do not want gene-edited crops, but there is no way of stopping the seeds or their genes at these borders. The issue extends beyond these islands. The Bill is likely to be in breach of the Cartagena Protocol on Biosafety—an international agreement that aims to protect biodiversity from the impact of genetic engineering.
The list of problems with this Bill—a familiar set—goes on. There are Henry VIII clauses, step by step, allowing changes by ministerial diktat at virtually every key point. To pick out just one, Clause 1(8) allows the Secretary of State to widen the definition of a precision-bred organism through regulations. That is a crucial part of this Bill. The noble Baroness, Lady Jones of Whitchurch, set out the issues around labelling and how it could be changed by regulation.
Many noble Lords have already covered the issue of whether animals should be excluded from the scope of the Bill. It has been very widely covered and the Minister, in a debate we had a couple of weeks ago on avian flu, almost made a concession in acknowledging that we have huge problems with pests and diseases in our factory-farmed animal populations, because they are enormous. This inevitably allows one disease to flourish but, if you tackle that one disease while leaving the system in place, another disease will arrive in short order.
I come to my final group of points. Various noble Lords have made implicit or explicit references to food security. If our standard approach is through gene editing, we are aiming for a silver bullet-type approach by continuing as we are now but looking to find magic solutions. But we know what we need to do to feed the world—to use that phrase—and, on occasions, we have heard an acknowledgement of this from the Government Bench opposite. We need agro-ecological approaches that work with the sophisticated complexity of nature, which we are just beginning to grasp, to truly cultivate the systems that have developed over hundreds of millennia, rather than to take to them like a toddler trying to put back together a clock that it has disassembled with a hammer.
In his introduction to the Bill, the Minister said that science must be at the heart of our national recovery. I absolutely agree with that statement. The 21st-century sciences of ecology and systems thinking understand that these complex ecosystems cannot be managed like machines. That is the science that we desperately need to feed ourselves and look after our natural world.
The noble Lord, Lord Krebs, said that the green revolution was a miracle that came at a cost. The COP 15 biodiversity talks are coming soon and we are starting to see that that cost has been enormous and unaffordable. We cannot afford to repeat today the same mistakes we made in the 1960s.
I will finally pick up on the Jonathan Swift quote used by the noble Lord, Lord Krebs. I give the noble Lord credit for making a gender update to it, but I am going to make a speciesist update. Noble Lords will recall that it talked about growing two ears of corn or two blades of grass where previously there had been one. Well, if you want those extra blades of grass or ears of corn, you actually need a healthy soil, with a rich ecosystem of fungi and bacteria working co-operatively with the plant. Then you will get a lot more than two extra ears of corn; you will get healthy, rich food, a healthy environment and security for all of us.
We must avoid adopting the principle that we must not do anything alien, new and untested, particularly now that we are in a position to understand the science of what we are doing and to know that gene editing is not only essentially natural—doing what nature does but in a more targeted and specific way—but potentially safer. It focuses on benign and beneficial changes, which will increase yields; reduce reliance on herbicides, insecticides, fungicides and artificial fertilisers; and enable crops to adapt more to climate change. It will do so, I hope, with precision and without damage to the environment.
By contrast, nature is not benign. It does not produce only mutants that are naturally beneficial. They can be harmful and dangerous. They often harm the particular organism that has mutated. I am told that, if the potato were now introduced as a new, freshly developed artificial product, it would almost certainly not be allowed in any country in Europe and probably not here: when potatoes turn green, they produce alkaloids that can be toxic. Peanuts would certainly not be allowed if they had been produced by artificial means. However, with this technology, there is every chance that we will be able to produce variants of peanuts that will not produce toxic anaphylactic shock. This would greatly benefit the many people who are potentially allergic to them.
In the past, we have allowed radiation-induced variants. This involved putting seeds and plants into nuclear reactors and bombarding them, producing millions of variations and hoping that some would turn out to be beneficial. That is a far more random process than anything that we are talking about here. Golden barley, much loved by brewers, was produced by that process and contains literally millions of variations from the original, natural barley from which it was produced. We now have 25 years’ experience of various scientific approaches to genetic modification and editing, and no one has suffered or died. None of the fears and concerns that people have expressed has, as far as I know, been observed in practice. We can therefore proceed in the way that the Bill suggests that we should, and that way should give us all confidence.
The noble Lord, Lord Krebs, mentioned how he had been vilified as a result of the Daily Mail campaign against “Frankenstein foods”, one of the most effective images ever conjured up. I am ashamed to say that, at that time, the party of which I was deputy leader played along with that and thought that there were votes to be gained from expressing opposition to those foods. I was certainly not supportive of that particular approach. I am glad that we—and the Labour Party and the Liberal Democrats—have accepted, in principle, that we should go along with the scientific approach of allowing gene editing.
One can understand that naturally people are concerned when something new, strange and unknown comes on the scene. However, I am sad that the hostility stirred up then by the Daily Mail and others was allowed to stop not just gene editing but genetically modified organisms over a generation. For example, it prevented golden rice, which was genetically modified to produce more vitamin A. If used in developing countries, it would have saved millions of people from blindness. However, until very recently, it has not been available—I gather that it is in the final stages of approval in the Philippines and one or two other countries. We should be ashamed of allowing such hostility to build up without examining the science behind it and reassuring ourselves that there was virtue involved, rather than risk.
I very much hope that the Bill will go through. Of course, it may require some of the amendments that have been suggested. I hope too that, when it has been shown to work effectively and not result in the things that people fear, it will pave the way for us to allow other forms of genetic modification as well, to the benefit of humanity and this country.