“(1) There is to be a body corporate called the Genetic Technology Authority.

(2) The Authority is to consist of—

(a) a chairman and deputy chairman, and

(b) such number of other members as the Secretary of State appoints.

(3) Schedule [Genetic Technology Authority: supplementary provisions] (which deals with the membership of the Authority, etc.) has effect

Brought up, and read a Second time.

I beg to move, That the clause be read a Second time.

With this, it will be convenient to consider the following:

New Clause 4—Accounts and audit—

“(1) The Authority must keep proper accounts and proper records in relation to the accounts and must prepare for each accounting year a statement of accounts.

(2) The annual statement of accounts must comply with any direction given by the Secretary of State, with the approval of the Treasury, as to the information to be contained in the statement, the way in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(3) Not later than five months after the end of an accounting year, the Authority must send a copy of the statement of accounts for that year to the Secretary of State and to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must examine, certify and report on every statement of accounts received under subsection (3) above and must lay a copy of the statement and of the report before each House of Parliament.

(5) The Secretary of State and the Comptroller and Auditor General may inspect any records relating to the accounts.

(6) In this section “accounting year” means the period beginning with the day when the Authority is established and ending with the following 31st March, or any later period of twelve months ending with the 31st March.”

New Clause 5—Reports to Secretary of State—

“(1) The Authority must prepare and send to the Secretary of State an annual report as soon as practicable after the end of the period of twelve months for which it is prepared.

(2) A report prepared under this section for any period must deal with the activities of the Authority in the period and the activities the Authority proposes to undertake in the succeeding period of twelve months.

(3) The Secretary of State must lay before each House of Parliament a copy of every report received under this section.”

New clause 6—General functions of the Authority—

“(1) The Authority must—

(a) keep under review information about the use of genetic technology in plants and animals and any subsequent development of genetic technology and advise the Secretary of State about those matters,

(b) publicise the services provided to the public by the Authority or provided in pursuance of release notification requirements or marketing authorisations under this Act,

(c) provide, to such extent as it considers appropriate, a code of practice, advice and information for persons to whom release notification requirements or marketing authorisations under this Act apply

(d) maintain a statement of the general principles which it considers should be followed—

(i) in the carrying-on of activities governed by this Act, and

(ii) in the carrying-out of its functions in relation to such activities,

(e) promote, in relation to activities governed by this Act, compliance with—

(i) requirements imposed by or under this Act, and

(ii) the Authority’s code of practice

(f) perform such other functions as may be specified in regulations.

(2) The Authority may, if it thinks fit, charge a fee for any advice provided under subsection (1)(c).”

New Clause 7—Duties in relation to carrying out its functions—

“(1) The Authority must carry out its functions effectively, efficiently and economically.

(2) In carrying out its functions, the Authority must, so far as relevant, have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed).”

New Clause 8—Power to delegate and establish committees—

“(1) The Authority may delegate a function to a committee, to a member or to staff.

(2) The Authority may establish such committees or sub-committees as it thinks fit (whether to advise the Authority or to exercise a function delegated to it by the Authority).

(3) The members of the committees or sub-committees may include persons who are not members of the Authority.

(4) Subsection (1) has effect subject to any enactment requiring a decision to be taken by members of the Authority or by a committee consisting of members of the Authority

New Schedule 1—Genetic Technology Authority: Supplementary Provisions—

“Status and capacity

1 The Authority is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.

2 The Authority has power to do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge, except the power to borrow money.

Expenses

3 The Secretary of State may, with the consent of the Treasury, pay the Authority out of money provided by Parliament such sums as he thinks fit towards its expenses.

Appointment of members

4 (1) All the members of the Authority (including the chairman and deputy chairman who must be appointed as such) must be appointed by the Secretary of State.

(2) The following persons are disqualified for being appointed as chairman or deputy chairman of the Authority—

(a) any person who is, or has been, concerned with the creation, release or marketing of plant or animal organisms, gametes or embryos created using genetic technology, and

(b) any person who is, or has been, directly concerned with commissioning or funding any research involving such creation, release or marketing, or who has actively participated in any decision to do so.

(3) The Secretary of State must secure that at least one-third but fewer than half of the other members of the Authority fall within sub-paragraph (2)(a) or (b), and that at least one member falls within each of paragraphs (a) and (b).

5 (1) A person (“P”) is disqualified for being appointed as chairman, deputy chairman, or as any other member of the Authority if—

(a) P is the subject of a bankruptcy restrictions order,

(b) in the last five years P has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has had a qualifying sentence passed on P.

(2) For the purposes of sub-paragraph (1)(b), the date of conviction is to be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

(3) In sub-paragraph (1)(b), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine.

Tenure of office

6 (1) Subject to the following provisions of this paragraph and paragraph 7, a person holds and vacates office as a member of the Authority in accordance with the terms of the person’s appointment.

(2) A person may not be appointed as a member of the Authority for more than three years at a time.

(3) A member may at any time resign their office by giving notice to the Secretary of State.

(4) A person who ceases to be a member of the Authority is eligible for re-appointment (whether or not in the same capacity).

(5) A person holding office as chairman, deputy chairman or other member of the Authority is to cease to hold that office if the person becomes disqualified for appointment to it.

(6) If the Secretary of State is satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for six consecutive months or longer without the permission of the Authority, or

(b) is unable or unfit to discharge the person's functions as chairman, deputy chairman or other member, the Secretary of State may remove the member from office as chairman, deputy chairman or other member.

(7) The Secretary of State may suspend a member from office as chairman, deputy chairman or other member of the Authority if it appears to him that one of the conditions in paragraph (6) is or may be satisfied in relation to the member.

7 (1) This paragraph applies where the Secretary of State decides to suspend a member under paragraph 6(7).

(2) The Secretary of State must give notice to the member of the decision and the suspension takes effect on receipt by the member of the notice.

(3) A notice under subsection (2) is treated as being received by the member—

(a) in a case where it is delivered in person or left at the member's proper address, at the time at which it is delivered or left;

(b) in a case where it is sent by post to the member at that address, on the third day after the day on which it was posted.

(4) The initial period of suspension must not exceed 6 months.

(5) The Secretary of State may review the member's suspension at any time.

(6) The Secretary of State must review the member's suspension if requested in writing by the member to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.

(7) Following a review the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the member for another period of not more than 6 months from the expiry of the current period.

(8) The Secretary of State must revoke the suspension if at any time—

(a) the Secretary of State decides that neither of the conditions mentioned in paragraph 5(5) is satisfied, or

(b) the Secretary of State decides that either of those conditions is satisfied but does not remove the member from office as chairman, deputy chairman or other member of the Authority.

Disqualification of members of Authority for House of Commons and Northern Ireland Assembly

8 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) the following entry is inserted at the appropriate place in alphabetical order—

“The Genetic Technology Authority”.

Remuneration and pensions of members

9 (1) The Authority may—

(a) pay to the chairman such remuneration, and

(b) pay or make provision for paying to or in respect of the chairman or any other member such pensions, allowances, fees, expenses or gratuities, as the Secretary of State may, with the approval of the Treasury, determine.

(2) Where a person ceases to be a member of the Authority otherwise than on the expiry of their term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Authority may make to that person a payment of such amount as the Secretary of State may, with the consent of the Treasury, determine.

Staff

10 (1) The Authority may appoint such employees as it thinks fit, upon such terms and conditions as the Authority, with the approval of the Secretary of State and the consent of the Treasury, may determine.

(2) The Authority must secure that any employee whose function is, or whose functions include, the inspection of premises is of such character, and is so qualified by training and experience, as to be a suitable person to perform that function.

(3) The Authority must, as regards such of its employees as with the approval of the Secretary of State it may determine, pay to or in respect of them such pensions, allowances or gratuities (including pensions, allowances or gratuities by way of compensation for loss of employment), or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

(4) If an employee of the Authority—

(a) is a participant in any pension scheme applicable to that employment, and

(b) becomes a member of the Authority, that employee may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if the employee’s service as a member of the Authority were service as employee of the Authority, whether or not any benefits are to be payable to or in respect of the employee by virtue of paragraph 7 above.

Proceedings

11 (1) Subject to any provision of this Act, the Authority may regulate its own proceedings, and make such arrangements as it thinks appropriate for the discharge of its functions.

(2) The Authority may pay to the members of any committee or sub-committee such fees and allowances as the Secretary of State may, with the consent of the Treasury, determine.

12 (1) A member of the Authority who is in any way directly or indirectly interested in a release notification or marketing authorisation under this Act shall, as soon as possible after the relevant circumstances have come to the member’s knowledge, disclose the nature of that interest to the Authority.

(2) Any disclosure under sub-paragraph (1) above must be recorded by the Authority.

(3) Except in such circumstances (if any) as may be determined by the Authority under paragraph 9(1) above, the member must not participate after the disclosure in any deliberation or decision of the Authority with respect to the release notification or marketing authorisation, and if the member does so the deliberation or decision is of no effect.

13 The validity of any proceedings of the Authority, or of any committee or sub-committee, is not affected by any vacancy among the members or by any defect in the appointment of a member.

Instruments

14 The fixing of the seal of the Authority must be authenticated by the signature of the chairman or deputy chairman of the Authority or some other member of the Authority authorised by the Authority to act for that purpose.

15 A document purporting to be duly executed under the seal of the Authority, or to be signed on the Authority’s behalf, may be received in evidence and is deemed to be so executed or signed unless the contrary is proved.

Investigation by Parliamentary Commissioner

16 The Authority is subject to investigation by the Parliamentary Commissioner and accordingly, in Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the authorities subject to investigation under that Act), the following entry is inserted at the appropriate place in alphabetical order—

“Genetic Technology Authority”.”

I am sure that hon. Members will be happy to know that the finishing line is in sight. However, I am afraid that between now and then there is actually what we think is an extremely important set of suggestions as to how the Bill could be strengthened, because these new clauses and new schedule would establish a genetic technology authority, whose purpose would be as per new clause 6.

Sharp-eyed members of the Committee may recognise the language used in our new clauses, because it is modelled on the legislation introduced to establish the Human Fertilisation and Embryology Authority, the body set up to oversee the use of gametes and embryos in fertility treatment and research. In practice, the new clauses consider many of the wider ethical questions that the topic of genetics throws up, and the practical application of the law based on their expert independent judgment. To some extent, this follows on from my previous comments about the broader landscape of how we regulate these issues.

Several of the stakeholders in this field have argued for, and/or alluded to in our evidence sessions, the establishment of a similar body for gene-editing technology. They include the Nuffield Centre on Bioethics, the Royal Society of Biology and the Royal Society.

The Nuffield Council on Bioethics has raised examples in its report of such ethical dilemmas that the Bill does not address. It says that

“we identified the need for further scrutiny and controls to ensure that animals are not bred in ways that diminish their inherent capacities to enjoy experiences that constitute a good life.”

It also says:

“The case for such a body has only strengthened over time, as a result of developments in breeding practices and the prospect of new breeding technologies such as genome editing. It would ensure that the welfare of founder animals”— breeding stock—

“would be properly evaluated.”

The report concludes by saying:

“In the current governance architecture in England, there is no existing body with the appropriate powers and relationships to undertake this function”.

That is a really important point. There is no existing body with the appropriate powers and relationships.

Likewise, I was very struck by the evidence from Dr Madeleine Campbell of the British Veterinary Association. She said there needs to be

“an independent body, with suitable expertise to understand and interrogate both the basic science and the animal welfare science, and to understand and explain the ethics around that...it needs to be able to look both proactively and retrospectively at data about the health and welfare of animals…It would be an independent oversight body—in my mind’s eye, very analogous to the Human Fertilisation and Embryology Authority—that can take an independent look at the data and then make recommendations for policy changes in light of that data, as the science develops.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 30 June 2022; c. 102, Q164.]

She also made the point that the situation needs to be monitored over time, because sometimes things do not show up immediately, which is the way that the Bill is set up to analyse. As it stands, the Bill does not seem to make provision for that kind of long-term monitoring.

The editing of the DNA of living beings clearly raises many ethical and practical questions. Several have been discussed in this Bill Committee, ranging from intellectual property to animal welfare.

On intellectual property, the potential for the patenting of DNA has been raised. I found the evidence from Bill Angus, of Angus Wheat Consultants Ltd, very compelling. He said that he was

“worried about perhaps an agenda that this could be dominated by large multinationals, although one of the joys of wheat-breeding globally over the last 100-plus years has been the freedom to exchange germplasm. As soon as we start putting constraints on that, as soon as we start having people talking about ownership of genes and ownership of genetic material, or licensing genes that are already in the public domain, it starts to fill me with a great sense of foreboding.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 44, Q74.]

That is exactly the sort of issue a genetic technology authority could look at.

Mr Angus explained the current system for intellectual property with respect to conventionally bred plants, stating that

“company A produces a variety and he introduces a trait into that variety. In two years’ time, once that variety has been added to the UK national list, another breeder can use that trait. That is the freedom to operate. It is really important that this is sustained and that people are not locked out of new developments. What may happen—this is an area I feel quite uncomfortable with—is that we may start to see larger organisations move the goalposts in terms of trying to stop other breeders from using genetic resources that have been developed.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 46, Q77.]

This topic is not covered in the Bill at all. I hope that is because the status quo will be maintained. Will the Minister tell us that today and explain the safeguards in place?

The point serves to highlight the importance of careful deliberation. Based on the evidence I heard from the previous Minister and from DEFRA officials, I am not convinced the requisite time has gone into making the necessary preparations for the Bill. We understand why the Government have moved in haste, but it is for political reasons. That does not make for good legislation or environmental safety.

Labour are pro science and pro innovation. We really want to be able to capitalise on the potential benefits of gene editing here in the UK and see that investment directed here. We need a strong regulatory framework— stronger than what is provided in the Bill—and remain concerned that if we do not get this regulation, companies will decide not to set up their businesses here, to await others and consumers will be nervous. If that happens, far from speeding up the technology, the Bill would have the opposite effect. Doing it right matters; doing it quickly is not the same thing.

The Regulatory Policy Committee has also raised the cost to the system if consumer confidence is not achieved, saying:

“The Department presents the concerns that the public may have with gene edited products, as being driven by misinformation or worse...However, the IA should consider the relationship between public attitudes and public acceptance, with the former typically driving the latter. Consumer sentiment towards gene edited products has real cost implications, even if only as risk to the policy fully realising the benefits”.

I am grateful to organisations such as Beyond GM, who have taught me much about how these technologies are regulated elsewhere in the world, and have highlighted aspects we may learn from.

Australia takes a principles-based approach, with regulations taking into account societal and environmental benefits. In Argentina, gene edited products are evaluated on a case-by-case basis, based on the characteristics of the gene edited products and their potential risks to human health, animals and the environment, as compared to the risks presented by their conventional counterparts. There are other models around the world.

Establishing a proper regulatory body that can look at these issues of consumer confidence, proportionality, environmental safety and the implementation of the legislation could address these issues and make the new system better for everyone. It would be better for the researchers and businesses working in this area, as they can have confidence in the regulatory system and its public acceptance, better for consumers, who will have the confidence to consider buying precision bred products based on informed choices, and better for the country as a whole, with the benefits of the Bill being realised while any potential environmental issues and risks are safeguarded against.

New clause 3 would establish such a body. New clause 4 provides detail of the accounts and auditing of the authority. New clause 5 sets out the annual reporting requirements of the authority. New clause 6 sets out the functions of the authority, which I have already referred to. New clause 7 sets out that the authority must carry out its functions effectively, efficiently and economically. New clause 8 allows the authority to delegate its functions to a committee or member of staff, and new schedule 1 lays out supplementary administrative provisions for the establishment of the authority. This seems to us to be a sensible, proportionate approach that strengthens the Bill and I commend it to the Minister.

I have listened very carefully to what the hon. Gentleman has said and let me give him an alternative solution. We have committed to consider wider regulatory reform of genetic technologies as part of our stepwise approach to developing a more proportionate governance framework in this area. This is a more appropriate context for discussions on an over-arching body, such as a genetic technologies authority, and it is consistent with a recommendation made by the Regulatory Horizons Council in its recent report.

The Bill has a narrower focus, and we know this is not in scope, but science is at the heart of the Bill, which is why I listened so carefully to the considered thoughts of the hon. Gentleman. The Secretary of State is required to make decisions based on the advice of expert committees. We intend ACRE to advise the Secretary of State on whether he should confirm the status of a precision bred organism. That is the committee that advises on genetically modified organisms.

ACRE’s opinion formed the basis for our intervention in a pivotal European Court of Justice case in 2018 and for the consultation we held on the regulation of genetic technologies last year. More recently, it has published technical guidance on the distinction between a GMO and a precision bred organism, which is fundamental to this role. This is a complex and controversial area, as the hon. Gentleman acknowledges, and we can expect ACRE to be put under considerable scrutiny, rightly. However, I can assure the hon. Gentleman that the committee operates to the highest standards of impartiality and has the expertise to deal with the task in hand.

I thank the hon. Gentleman for his detailed considerations on this topic but establishing a new independent body is not necessary at this point and does not provide value for money when we have an established committee with a superb track record in this area. However, I acknowledge this is a topic that we are likely to come back to when we consider wider GM regulatory reform in the future.

With your leave, Mr Stringer, as I believe this is the last time I will speak in this Committee, may I do some thank yous, not least to you for coping with a new Minister halfway through the Bill proceedings and for keeping us in order?

I thank my hon. Friend Jo Churchill, whose work on the Bill and generally in the Department, on climate change and adaptation in particular, I really value, as I do her personal friendship and help to me over the time she has spent in DEFRA. I very much hope she will be back.

I thank the hon. Members for Cambridge and for Edinburgh North and Leith for their constructive help with the Bill. I would be delighted to discuss the points that arise from our deliberations with them at any point.

Specifically, I thank Laila Sedgwick, Fiona White, Janet Talling, Lizzie Bates, all the Bill team and my private office, who managed to brief me on the Bill so effectively in the few hours we have had available. I also thank the Bill Committee, our Whip—in particular, of course—and, indeed, the Government Whips Office, who have shown extraordinary grit over the past 12 hours. I thank everyone for their work on the Bill.

Thank you for those kind words, which were of course completely out of order. I call Daniel Zeichner.

Thank you, Mr Stringer, and I shall seek to be out of order in a similar way. Before I do so, I will address the points made by the Minister.

There is a fundamental difference of opinion between the two sides of the Committee. Our view is that the Government are being far too deregulatory. We understand why they are doing what they are doing, but we think that they would achieve their objectives more effectively by setting out a stronger regulatory framework. That is probably a fundamental difference of political philosophy, not to be resolved at this point.

I noted with interest the Minister’s comments about possibly coming back to this issue of a wider authority if the Government have opportunity in time to look at the broader issue of genetic modification. I suggest that the better thing to do is to establish that wider body sooner rather than later, so that the overall framework can be established to give the kind of public and investor confidence that I believe is essential if we are to reap the benefits of the technology, while ensuring that the public have confidence that the environmental safeguards are in place.

I am disappointed, though not surprised, that the Minister has rejected our suggestion of a new body. One of the striking things about Parliament is that, often, when things are rejected, they reappear a bit further down the line. There is plenty of evidence to suggest that that would be the right thing to do. We will press for a vote on the new clause. I will not detain the Committee by having votes on the whole string of new clauses; we will make do with one on just new clause 3.

Briefly, however, I make my thanks to you, Mr Stringer, and your fellow Chairs. This has been a well-conducted discussion about a complicated set of issues. I have already expressed my commiserations to the previous Minister, who is not present today, and I congratulate the Minister who is, because it is a tough thing to be dropped into something like this at a very late stage.

I thank the Clerks in particular, Huw Yardley and Abi Samuels, who have done an amazing job in translating our sometimes half-formed ideas—perhaps they used CRISPR-Cas9 to edit them, although whether they managed to remove it again, I do not know. They have managed that with huge good humour and good will, often working rather late.

I thank my colleagues in my office, Rob Wakely and Milly Lynch, who do an amazing job. As Conservative Members may discover at some point in the future, it is quite tough being in opposition sometimes—not terribly well resourced—but I hope that we have done justice to a very complicated set of issues.

I thank colleagues across the Committee. Our debates have been constructive and positive. I particularly thank my hon. Friends and my Whip, and the SNP spokesperson, the hon. Member for Edinburgh North and Leith. The discussion has been carried out with good humour through difficult times. But I do want to go to a vote.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 3, Noes 7.

Question accordingly negatived.

Just so that we are clear, new clauses 4 to 8 and new schedule 1 fall, because they are consequential provisions. Does the hon. Member for Edinburgh North and Leith wish to press new clause 9 to a vote? We debated it with—

I said that I would not press new clause 9 but would have further discussions with the Minister. Thank you, Mr Stringer.

New clause 9 is not moved. We now come to new clause 10, where I will allow the hon. Lady to say something if she wishes to do so.

That is much appreciated, Mr Stringer. I will be brief. I suspect that I have a very good idea of what the Minister would say, if she were to answer, because of her answers to the hon. Member for Cambridge, but I tabled new clause 10 because it would ensure that the sale of precision bred products came with appropriate labelling and traceability.

Having no requirement to label obstructs the enforcement of Scotland’s devolved powers to regulate produce and impedes our intention to align, wherever possible, with the EU. By not requiring labelling of GMO products for sale in England, the UK Government make it much harder to filter products for sale to markets such as Europe. The new clause would therefore ensure clear and visible labelling on the front of the packaging of food or feed from a precision bred animal or its progeny.

We have heard from witnesses that it is scientifically possible to tell precision bred organisms from traditionally bred ones. Nevertheless, it has to be remembered that that is not a unanimous view, across all scientists. I am of the view that transparency and consumer choice are really important and that we need to recognise that citizens are crucial stakeholders in the food system. As we have heard, a recent survey showed that 84% of the public consider it important that all GE products introduced for sale in the UK be labelled as such and 63% of people consider it very important. A mere 8% do not consider it important. The public have a right to know how their food is produced, even if the changes in GE foods that come down the line could have occurred in crops naturally.

It is my belief and that of the Scottish Government that labelling is vital. I will revisit this point on Report. I think it is incredibly important and I want it to be on the record, and then I will perhaps have further discussions with Labour colleagues.

Bill to be reported, without amendment.

Committee rose.