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Mr. Dalyell: During his time as a Minister, did the hon. Gentleman give any thought to recent American pressure in relation to maize and other items on the whole question of genetically modified organisms?

Mr. Boswell: I am slightly concerned about that. I personally felt that, in the interests of genetic

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modification, that was not the best way to handle the maize issue, and the inability to secure traceability and labelling was an unfortunate negative. Eventually, I hope that that will be a lesson learned by the producers of this material, as well as those seeking to use it.

I was about to make the point that genetic manipulation, if used properly--for example, if it enhances disease resistance or enables less use of pesticides--can be positive for the environment. It is not a one-way street.

My third point concerns what I might term specialist and minority uses. I mentioned that I did not feel that the hon. Member for Lewes quite gave sufficient credence to the fact that people still use the materials, even as owner-breeders. I have a cousin--as I discovered rather surprisingly during a Select Committee visit to New Zealand some years ago--whose family developed the Braeburn apple. I am not sure whether that is a positive in British terms, although, as I am no longer a Minister, I can say that, in my opinion, it is a very good apple.

The apple was found growing in the drive of their farm in 1952. It was an indigenous apple and no one knew its breeding. But it was developed, selected and commercialised, and took 15 to 20 years to reach this country. I am glad it did, but whether it is regarded as a native or a developed cultivated plant is an interesting question.

In my experience, there was a steady drip of correspondence on minority varieties that were not on the European descriptive list. There was reasonable concern from amateur gardeners, who felt that they might be prevented from selling seed to their neighbours, but we had ways around this problem which were satisfactory.

I visited the Henry Doubleday research institute--like other hon. Members, I am interested in that side, as well as the purely industrial and commercial crops--which found a way of sending material out in plain envelopes and giving it away so that it was not commercialised. Perhaps unusually, we were in alliance with the French in trying to persuade the Commission into some kind of derogation, which would make things a little more legitimate. I should be grateful if the Minister could spare a moment on that matter during his winding-up speech.

I wish to refer to clause 9 and the question of farm-saved seed, a direct interest of myself and agriculture contractors. I accept that the Minister has given assurances in good faith, although he may wish to reflect on whether they are the right assurances, or whether they could have been included in the Bill. It is an important matter, which will not entirely go away. It is not just the existing varieties that are involved.

I have said that I grow Riband, but I could easily convert to Blaze or Consort, and I could possibly get another 1 or 2 per cent. uplift in yield, or better disease resistance. In making a decision, I shall have a mind to the commercial prospects of the two.

I hope that the Minister will remember that that is one aspect. Assurances have been given as part of a complex deal to produce a sensibly lower level, which I always interpret to mean a lower level and a sensible level. I am glad that the parties were able to negotiate that without ministerial interference, but it is a delicately poised settlement, and he has sought with good will not to disturb it.

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The final point is the speed of the Bill. The Minister was right to say that the Bill was out in draft and had been thought about--I say this delicately--for a year or two before that. I am pleased that it is now going forward. Nevertheless, as he well knows, a Minister does not get up every morning and read his potential Bill in detail before shaving. He deals with it and is briefed on it when it gets to the white heat of a parliamentary debate. At that moment, Ministers--whether in this or any other Department--start seeing the snags, angles and concerns about it. The trade associations will also make their representations at that moment.

The Minister wants to get the Bill through today, and we will not seek in any way to inhibit that, but I hope that he will feel receptive to any comments made here and by the trade associations, because he and I wish to give the Bill a fair wind and to make sure that it works effectively to underpin what is already a British success story--the success of British plant breeders and our cereal-growing industry.

6.26 pm

Mr. John Hayes (South Holland and The Deepings): I should like to start by supporting the comment of my hon. Friend the Member for Daventry (Mr. Boswell) that this is a British success story. The seed industry in this country is now worth between £350 million and £400 million per year, and one should not ignore the approximately £35 million of royalties from the activities that we are discussing. We are among the leading countries in plant breeding, although others, such as Holland, might claim greater status. For that reason, the Bill is a suitable and appropriate clarification of the position, and a clarification of the relationship between the farmer and the breeder.

It seemed to me that there were three misconceptions in the speech of the hon. Member for Lewes (Mr. Baker). The first was his antipathy to the internationalism that is increasingly prevalent in this field. It is unavoidable--the nature of such developments are, almost by definition, international. The collaboration between breeders across the world is an inevitable consequence of improving technology and communications, and it will not go away.

As colleagues have pointed out, the British Society of Plant Breeders has about 45 members, including some independents--one of the top seven plant breeders is situated in my constituency. The picture is not one sided; there is diversity. The organisations represent the small breeders, the people who work in highly specialist fields and those who work with particular crop varieties and not merely the big companies to which the hon. Gentleman referred.

The second error made by the hon. Member for Lewes was to confuse this Bill with that affecting genetically modified organism technology.

Mr. Deputy Speaker (Mr. Michael J. Martin): Order. The hon. Gentleman must address the Chair and not another hon. Member.

Mr. Hayes: I am grateful, Mr. Deputy Speaker.

While the Bill will have some impact in that respect, it is not principally a means by which we will affect the controls on such developments. The hon. Gentleman perhaps exaggerated the impact that these proposals will

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have on GMO technology. Thirdly, he displayed a certain naivety about the relationship between the farmer and the breeder. Clearly, it is in farmers' best interests to have a positive and co-operative relationship with breeders. For the most part, it is not true to say that there is a conflict of interest between the farmer and the breeder.

On the margin, there may be some points of difference. The National Farmers Union will, of course, argue the farmers' case and I am an associate member of that union, so I certainly have no prejudice against farmers. However, the vast majority of farmers and growers will welcome the co-operation with breeders that the Bill embodies and will respect the fact that without plant breeders we would not have made the great advances in yield, quality and disease resistance that have been made in the past 40 years. In all those respects, farmers have clearly benefited substantially from the work of plant breeders. Most farmers would readily recognise that, as did my hon. Friend the Member for Daventry, who speaks with considerably more authority than I do, he being a practitioner.

I shall comment on three aspects of the Bill. First, the Minister's comment about the relationship between farmers and breeders and the comment that he was happy to leave matters of royalty on farm-saved seed to informal agreement are valid, but such an arrangement would need to be monitored carefully. Farmers are understandably concerned that unrestricted control of royalties would not be desirable. Future discussions between farmers and breeders need to be studied carefully. One would not want unrestricted control to pass into the hands of the breeders through the degree of informality that the Minister mentioned. Informality is fine, but it needs to be carefully monitored.

Secondly, I hope that the Minister will clarify the nature of the penalties for those who choose not to abide by the proposed legislation.

Thirdly, perhaps the Minister can clarify the interface between these proposals and the legislation affecting GMO technology, to which the hon. Member for Lewes referred. The Minister alluded to it, as did several hon. Members. I and other hon. Members would welcome such clarification, as would the hon. Member for Lewes, I imagine, judging by what he said.

On exclusion until 2001, much has been made of the fact that plant varieties have limited lives. That is certainly true of cereal crops, but it varies from one crop to another. For all sorts of commercial rather than technological reasons, potatoes have a much longer life cycle than many other crops. Many of the older varieties affected by control to 2001 will be played out beyond that date, as my hon. Friend the Member for Daventry said. One wonders--in the interests of farmers--whether the exclusion might continue in perpetuity. This is a personal view, but it is certainly one which has been expressed by a number of farmers and I do not think I am breaking any confidences when I say that the British Society of Plant Breeders would not be entirely unsympathetic to that view. The impact of such an extension of the exclusion would diminish over the years as the varieties became rarer. Many people would therefore welcome some extension beyond 2001.

With those minor caveats, suggestions and questions I welcome the Bill, as have other hon. Members, on the grounds that it clarifies and codifies the situation and

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brings it up to date. I am sure that hon. Members will agree that the legislation should be based on the premise that the relationship between farmers and breeders is usually, although not always, one of co-operation and not conflict. We need legislation that would underpin that co-operation for the benefit of both farmers and breeders, as well as of the wider community.


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