UNCORRECTED EVIDENCE
TUESDAY 18 JANUARY 2000 _________ Members present: Mr Peter Luff, in the Chair Mr David Borrow Mr David Curry Mr Alan Hurst Mr Michael Jack Mr Austin Mitchell Mr Mark Todd _________ MEMORANDUM SUBMITTED BY THE MINISTER OF AGRICULTURE, FISHERIES AND FOOD AND SECRETARY OF STATE FOR HEALTH EXAMINATION OF WITNESS BARONESS HAYMAN, a Member of the House of Lords, attending by leave of that House, Minster of State, Ministry of Agriculture, Fisheries and Food, examined. Chairman 468. Baroness Hayman, thank you very much indeed for coming before us in this Committee in our last evidence session on our inquiry into the segregation of GM foods. I hope you will understand that we have taken a very narrow and specific area in the GM debate to try to produce some worthwhile conclusions. Other committees have covered a wider range of issues and there was a very helpful debate in Westminster Hall last week which was attended by Michael Meacher. You are the first Lords Minister who has appeared before this Committee although you told me you think your predecessor was Mr Rooker and we have certainly had him before us regularly. You are very welcome indeed. Can I ask you first of all a general question and perhaps, without being too partisan, express a view. The question is what do you think the limits are of government responsibility generally in relation to GM foods and GM crops? From my point of view the Government is sometimes seen as a very articulate advocate of GM crops rather than a neutral referee. What do you think the role of government is? (Baroness Hayman) I do not think it is our role to be an advocate. I do think it is our role to be a protector, a protector of public health and a protector of the environment. So I think there is a responsibility to safeguard public health, which is of course predominantly around food and food safety, and to make sure that the regulatory processes ensure that for GM food, for any novel foods, and indeed for food in general that that which is offered to the consumer is safe to eat. So I think that is the prime responsibility and I am Food Safety Minister which is why I saw myself as Jeff's successor rather than Bernard Donoughue's in terms of portfolio. I think that is one responsibility. Equally, we have a responsibility towards the environment and to assess very carefully what the effects of the introduction of specific GM crops with specific properties might be on the environment. Over and above that, I believe that we have a responsibility as a government for providing informed consumer choice and that takes us into areas not necessarily of regulatory processes but certainly areas such as labelling, whether it is compulsory, or labelling in the sense of monitoring the claims that are made for foods or products and ensuring that they are not deceptive in any way. Chairman: Thank you. Mr Jack has a supplementary early on. Mr Jack 469. You mentioned your role, Baroness Hayman, as the Food Safety Minister. Could you sketch in briefly for my benefit the relationship that you have on these matters with the Department of the Environment. Is there some kind of co-ordinating structure upon which you and Michael Meacher sit? Where is the boundary drawn between your responsibilities on issues which are the subject of this inquiry? (Baroness Hayman) There is an interface, you are absolutely right to say so, but not so much on the food issues. For example the Advisory Committee on Novel Foods and Processes, which is the regulatory body for assessing the safety of new foods, reports at the moment to me as Food Safety Minister into MAFF. When the Food Standards Agency is set up on April 1 and takes over that responsibility, it will take responsibility for that. The Committee on Releases into the Environment (ACRE) feeds into both MAFF and to DETR and that is more around MAFF's responsibilities in terms of agriculture looking at the potential effects of GM releases on the agricultural environment and on other crops than perhaps the wider bio-diversity and environmental responsibilities of DETR so, yes, there is a lot of close working on GM issues in general across government but particularly a lot of close working at both official and ministerial level between Michael Meacher and myself. 470. Is there normally one Minister who would deem themselves to be in charge of the GM area? (Baroness Hayman) The GM area goes enormously wide, of course, it goes into medicine and health. I suppose in terms of the Cabinet co-ordinating responsibility that Dr Mowlam has she has a responsibility for co-ordinating government response on GM issues. Mr Curry 471. Can I just pursue that a little further because in the past when we have had inquiries into this matter we have had a MAFF and a DETR Minister and Mr Meacher has been unaccustomedly bashful today as far as I can see. Either he has been bashful or been brushed off, I am not quite sure which is the right one. Now we have had Mo Mowlam introduced into the conversation. This is pretty incoherent, is it not? (Baroness Hayman) I do not think it is incoherent. I think it is a recognition that GM issues can affect and do affect a variety of government departments. I have not mentioned the DTI so far but obviously the application of GM technology in industry and bio-sciences is very important. I think Mo Mowlam's responsibilities are for ensuring that the different strands of ministerial activity are co-ordinated and I think the need to recognise some of those broader issues is reflected in the Government setting up of the two broad strategic Commissions on biotechnology, again looking more broadly across the piece, while there are specific responsibilities, for example the regulatory responsibilities that have to be focused in one department or with one Minister who may be the licensing or statutory authority for instance. 472. Do you see different departments, as it were, taking up the cudgels for different interests. Jack Cunningham, when he was the co-ordinater or enforcer, repeatedly said, "We have got to realise that Britain is a major leader in the field of biotechnology and if we look as if we are inhospitable to this we are going to be threatened as a base for these very high-tech industries." I do not think that is unfair. He did say that repeatedly. Michael Meacher appears to have been the chap who has flown the flag of consumer interest. Sometimes it is quite difficult to decide what flag MAFF has been flying at all. Would you accept that it has looked a little as if different Ministers have been flying different flags and it is very difficult to find out where the admiral is in all this? (Baroness Hayman) I am not sure I can put myself into your mind to see your perspective of where different Ministers may stand. I can only answer for myself. My title within MAFF is Food Safety Minister so I see myself as having overwhelming responsibilities in that area and I think that is a quite clear responsibility for someone with my portfolio within MAFF as long as MAFF retains those responsibilities. Equally, I think the Government overall has to make sure that we do not have different strands of government pulling in different directions. I was trying to articulate earlier on that we do see ourselves having prime responsibilities in the protection of public health and the protection of the environment. Equally, I think it is true to say that there are opportunities or potential opportunities over a range of bio-technology issues including GM which it would be irresponsible for any government simply to ignore or rule out of court, whether they are advances in medicine, whether they are industrial opportunities or whether they are opportunities that some in agriculture see for limiting the use of agri- chemicals and getting higher yields and better and cheaper food to the consumer. 473. You made the distinction a few minutes ago in response to Mr Jack and said, "I deal with the agricultural environment and other crops but if it is not a crop then it is DETR." It is difficult to enforce it. You cannot walk round the edge of a field saying, "That is a bit of agriculture, that is my responsibility. That is a weed, that is DETR's." (Baroness Hayman) I think weeds are absolutely crucial to agriculture. 474. So you do have a wider responsibility. (Baroness Hayman) The margins of fields are of great interest within the agriculture environment, as you well know. Neat little boxes are not always available. Biodiversity issues are in the main of course the responsibility of DETR. Agricultural issues are the responsibility of MAFF. Because there are overlap implications we do ensure that there is a great deal of conversation between Ministers in the appropriate cases, that submissions come to the two Ministers, and that officials keep up the dialogue. Mr Mitchell 475. Can I take you back to before that detour. You said that Government is not an advocate of GM technology. You could have fooled me because my reading of the situation is that the Government did indeed begin as something of an advocate of something that was considered technologically beneficial to British science, and in the face of a clamour produced outside by the opponents of GM food we resiled from that position. Would that not be an accurate reading of the situation? (Baroness Hayman) I am looking into your perception of what government's attitudes have been in the past. I think that the Government has always recognised that there is a great potential in GM technology and that there is a great potential because of the sort of science-based industry that we want to create and the expertise that we have in this country for exploiting that. We have to recognise as a country those potentials and I do not think we should inappropriately bar them. Equally, I do not believe it is Government's job to tell people what they should eat or make them buy things that they do not want to buy. I do believe it is Government's job to ensure that appropriate regulatory processes are in place and I think, yes, you are absolutely right, there has been a growing public concern manifested particularly in the media but also through individuals about the need for a proper exploration of the implications of the use of these technologies particularly in the environmentalist setting and in food so that people can be assured as to their safety and I think that is perfectly appropriate and the Government has responded to that. 476. The Government should be an advocate of something that could well be a scientific advance bringing plentitude and cheaper food and not be deterred by the clamour of the forces of conservatism. (Baroness Hayman) I think we have to recognise that role and why I went back to the referee role is I think the role of Government is to make sure that the scientific evidence and the regulatory structure are there and that they are transparent so that people can make their own choices. Of course, you cannot always follow what is going on. People do change their minds. If you think back to tomato paste, the first GM food introduced in this country, it was not introduced by sleight-of-hand. It was very clearly marked, there were leaflets about it and it sold very well in supermarkets at that time. Equally, there has been since then a change perceived in consumer attitudes and many supermarkets now choose deliberately to make a marketing ploy of not selling GM products. I do not think government should be up and down on the peaks of what is out there in the market place. That is for the market-place to determine. Equally, I do think government should hold fast to its principles and I come back to those principles about safety in both the environmental and health sense. Chairman 477. Without labouring the point, I would echo some of what Mr Curry has said. We had a great deal of trouble getting evidence even from DETR in this inquiry. We eventually received a memorandum which has been extremely helpful and deals with some of the issues which go to the heart of this inquiry. It surprised me, however, that we only got that memorandum last week and it would have been helpful to have had it months sooner when this inquiry was announced in the summer. There is a suspicion in my mind that there is a lack of co-ordination between the two government departments of state. I put it no higher than that. (Baroness Hayman) I apologise if anything reflects on either MAFF or myself. As far as I was concerned, I was invited and came along. I did not understand it was a joint invitation and that I had to bring Mr Meacher with me. 478. We have had some debate over a lot of these inquiries and it has conveyed an impression, let us put it like that. Let's look at MAFF specifically. What about your role now the Food Standards Agency is up and running in relation to GM foods, can you define that for us factually. (Baroness Hayman) I think the vast majority of my role in relation to GM foods will pass over to the Food Standards Agency, that is in relation to both food for human consumption and for animal feed. The responsibilities that will stay with MAFF are the responsibilities that relate to what I was talking about earlier, the agricultural implications of GM technology, new plants, seed listing, those sorts of issues, but as far as food safety is concerned that will transfer over on 1 April to the Food Standards Agency. 479. Thank you. Let us look at some more factual stuff. We have discussed already briefly Dr Cunningham's announcement about the establishment of the Agriculture and Environment Biotechnology Commission and of course the Human Genetics Commission although that is not relevant to this Committee. In its response to the Environmental Audit Committee's Report the Government said that the Commission was being set up. In the most recent memorandum we have had from MAFF there are further hints. I think it says at the end of the report that the Commission "is expected to start work shortly". So what is the current position? (Baroness Hayman) You need a Civil Service lexicon to know what "shortly" means. 480. Exactly! (Baroness Hayman) There are three bodies with overarching responsibilities on GM issues because the Food Standards Agency will have responsibility on GM food. The Human Genetics Commission, which is starting its work, and I believe the Chairmanship of that has been announced, will work around the implications for human health in particular. We have not appointed a chairman to the Agriculture and Environment Commission which is why that body has not started its work. I understand that that appointment is to be re-advertised later this week. 481. Re-advertised? (Baroness Hayman) Yes. 482. So "shortly" in that lexicon is likely to mean? (Baroness Hayman) In the spring. 483. And the spring, Minister, the spring? June, July, August, that sort of spring? (Baroness Hayman) I do not want to weasel my way out of this but the appointment is being made through the Cabinet Office rather than MAFF appointment therefore I do not want to give a commitment about a timing that I cannot discharge myself. 484. We will keep an eye on that. Apart from the Chairman who is going to be on it? There are some hints in the memorandum as well about ethicists and so on. Will it be seed producers, farmers? Who is going to be on it? (Baroness Hayman) My own understanding of this is that the desire is to have on these Commissions a broad range of interests that do reflect the fact that these will not be the expert scientific committees to go through a regulatory process or application. 485. That will be done elsewhere? (Baroness Hayman) That will be done elsewhere. --- That they should be broader therefore they should not be dominated by scientists with an interest or a knowledge of the subject, if I can put it in fairly crude terms, and that they should reflect a range of people. That should not rule out people who have some knowledge of the subject. I think that would be quite counter-productive but it certainly should have the ability to reflect the views of consumers, the views of people who have ethical interests, the views of people who are in farming, for example, rather than simply come from a narrow field. 486. It is an issue that this Committee has wrestled with in the past. How do you get the views of consumers represented on these Commissions? (Baroness Hayman) I think it is a difficult challenge and you have difficulty either way. You have difficulty if you go for the "professional consumer", someone who works full time in the consumer movement because people feel that is not representative of people who do their shopping twice a week and do not take a specialised interest. Equally, and I have done this myself in the past and I know, the problems of having heaped on your shoulders the responsibility of representing vast numbers of other people that you have no network or way of finding out their position just because you are plucked off the street as an ordinary consumer is difficult. I think that the process of open application, the process of trying to persuade people to come into this and not only taking people who are on the list of usual suspects, if I can put it that way, does give them opportunities and I think we have to make sure that they then have feedback from consumer organisations and other groups so they are not only representing their own interests. 487. I have to say when Janet Bainbridge came to this Committee as Chairman of the Advisory Committee on Novel Foods and Processes she struck me as a pretty well-informed consumer as well. We are, after all, all consumers. (Baroness Hayman) I think that is right. After this meeting I am going to chair the last meeting of the Consumer Panel at MAFF which brought together individuals and I know that the Food Standards Agency are thinking about how they could best structure their consumer advisory grouping for the future. 488. I do not want to labour these organisational points for to long but they are important and there have been concerns expressed for example by consumers in Europe that there are gaps in the process. What you are saying is that the three bodies being established, including the Food Standards Agency as one of those three, means that there will be no gaps. They are the overarching organisations that will take care of everything between them. (Baroness Hayman) I think that was the intent of the Government when responding to the Select Committee report about oversight of technology, yes, that there should not be any gaps. Chairman: Minister, thank you very much. Mr Mitchell? Mr Mitchell 489. On the consumer choice issue, do you think there is a genuine hostility to GM foods on the part of consumers or alternatively there are doubts whipped up by a machinery of panic mongering and fear creation? (Baroness Hayman) I would not go for either generalisation, if I may say so. Undoubtedly, there are people who have a genuine hostility to GM produce and who want to be able not to buy it. Equally, I think that there are many people who do not see any advantages at the moment in the GM products that they are being offered and therefore decide to take a very precautionary approach. And there are equally, I am certain, people who are not particularly worried either way and make their purchases on completely different issues. I believe one of the challenges in labelling and information for consumers is the range of interests that consumers have. Saying consumers with a capital C is answering for the whole of the population of this country because we are all consumers and there is a vast variety of issues that interest people. Some people are interested in the food they eat because of religious scruples. Some people are interested because of ethical issues about animal welfare. Some people are interested because they have a health problem themselves around an allergic reaction to a particular food. Some people are interested because they particularly want to buy on country of origin. There is a whole range of issues and for some people undoubtedly GM is an important issue. I think we should be facilitating choice around that range of issues and I would not under-estimate the strength of feeling of some people about GM food and protecting their right not to buy it. Equally, I would not generalise from that strength of feeling to say that it is across the board. 490. But inherently consumers' main preoccupation is price and quality, is it not? It is useful to create fear amongst consumers as a means of combating GM because that is the Achilles' heel of GM production. What is basically a scientific issue is being turned into a consumer issue because that is the best and easiest way of attacking GM. (Baroness Hayman) You can read this two ways. You can either read it, as you are suggesting, that consumers just do not understand the science --- 491. I was not saying that. (Baroness Hayman) --- Or else they would not be taken along this scare route. I think it was implicit in what you were saying actually. Or you can take it, and I think this is what is there, that predominantly consumers do their own risk benefit analysis when they are shopping about what is important to them and the benefits of what is being offered at the moment do not seem to them to outweigh what may be in their mind very remote but possible risk and therefore they take a very precautionary approach, or some of them choose to. I am sure you are right that all the evidence points at base to the fact that most people go on price and quality and our responsibility, coming back, is around the quality issue and the safety of a product that is GM. 492. But this is the consideration for consumers, to repeat the Asda advert. You yourself said that the tomato puree that Zenica put out was of high quality and sold well and was competitive. (Baroness Hayman) And, equally, it has now been withdrawn, not on any safety grounds --- 493. Because of the panic. (Baroness Hayman) I think what I am trying not to do is say, "Consumers believe this ..." or, "Consumers want that ... " because I think there is a range of opinion there and I think markets do ebb and flow and popularity ebbs and flows and different products will get different responses. 494. If you are taking that position it follows that government responsibility is to guarantee the continuation of non-GM supplies to the consumer. (Baroness Hayman) I am not sure that is the Government's responsibility to guarantee. If I think about people who are vegetarian for example, is it the Government's responsibility to guarantee the supply of vegetarian food? I think it is very important that the Government makes sure that people do not label food as vegetarian and we then find out that they are doing so misleadingly so consumers are misled. The market will decide whether vegetarian food or organic food or halal food is actually produced and I am not sure it is for the Government to guarantee that. I think it is for the Government to guarantee there is an appropriate regulatory process that ensures that safety considerations are to the forefront and it is the Government's responsibility to ensure that appropriate labelling is on produce and it is the government's responsibility to ensure that consumers are not misled. After that I think then you have to let the market and individuals decide. 495. If we lie back and leave it to the market given international trade agreements is it not going to be very difficult for the market to continue to provide in the way you are saying it should? (Baroness Hayman) Are you thinking particularly in terms of identity preservation? 496. What is exportable and importable under international trade agreements and the difficulty of classifying it. (Baroness Hayman) But I think that a lot of the identity preservation issues throughout the food chain will actually be led by market forces rather than regulatory forces. 497. Okay, but again another problem with the market if you are going to create those distinctions is the cost of segregation. Who is going to carry those costs? (Baroness Hayman) I think within the food chain that will be sorted out amongst the individual people at stages of that chain depending on where and who can bear it, but there will be costs inherent in segregation. 498. Which in the end will be borne by the consumer? (Baroness Hayman) And in the end those will be borne by the consumer, I think that is right. 499. The result of this concern/fear that is being created is that consumers will have to pay higher prices? (Baroness Hayman) Consumers who want to guarantee the identity of preservation and the separation, yes. 500. Which you say the Government does. (Baroness Hayman) I said the Government has responsibility for ensuring that people have information about the food that they buy. 501. When it comes to labelling do you think the consumer appreciates and understands the difference between GM free and non-GM ingredients? (Baroness Hayman) No, I think it is very confusing and I think we are in a difficult position here on this labelling as we are on a whole lot of other labelling issues. I think there is a difference between what has to be compulsorily labelled, and that is food that has GM material in it, and that is EU-wide and there is competence there and that has been decided, and what people choose to use often as a marketing tool which is around categorising something as GM free and using that as a claim. We do not at the moment have a satisfactory and universally accepted definition of "GM free" and we are pressing within Europe to get that definition so that people understand better and can be assured of the implications of that and indeed that it can be policed by local authority trading standards officers, or whoever it is. 502. That will be the basis of the Government's labelling approach? (Baroness Hayman) Yes. I want to go much wider on labelling and talk more widely about what is useful for consumers on labelling, the format of labels, how we can make sure people can understand the information that is there. There is a whole range of issues about labelling that are very important. 503. If consumers want GM free food, either because they have read all the scientific literature and think that is best for them or because they have been panicked into that attitude, if all the traders and producers and marketing people can guarantee is that it is non-GM, does that mean that the market is working or not? (Baroness Hayman) The definition of what has to be labelled as GM has now been extended to cover additives and flavourings. That is one of the things that has happened since my memorandum was sent in and those regulations have now been adopted and will come in on April 8 or April 10. People who therefore do not want to buy GM material can be assured that they are doing that by buying anything that does not say "This is GM" on it. 504. You are being driven back stage by stage to a narrower and narrower definition. (Baroness Hayman) I think you have to have a definition that is testable and a definition that is universally accepted. There is no point in having a definition where if you are a trading standards officer or you are going to analyse the food you do not know whether there has been any GM process at any time further back in the production of this food because that is a meaningless thing. It has been accepted worldwide and certainly within Europe that the definition of "containing GM material" or "GM food" is something that has something that is tangibly and testably in the finished product. I think anything else would lead to the most terrible confusion. Mr Jack 505. Could I just return to your observations about the tomato paste because a lot of the questioning has been about how you can define things that do not have GM in. Here was an example of a clearly segregated product which was the product of GM technology. It was clearly labelled and, as you said, there was a lot of information available to consumers enabling them to make what one might have thought by the sales success of that product was an informed choice but all of a sudden it disappeared from the supermarket shelves and it seemed that the users of that product were not consulted. Did you or anybody else in Government attempt to objectively evaluate why all of a sudden what had been deemed by quite a large number of people to be a wholly wholesome and safe product suddenly lost confidence and was rejected wholesale by those consumers or was it a question that the pro-tomato paste lobby simply had its product taken away without any consultation? (Baroness Hayman) You are trying to put me in the position of being a food manufacturer or retailer. 506. The question I want to know is at a very important moment when there was choice and then there was not seemingly because the public lost confidence in the product what did MAFF or any other part of Government do to find out why there was this change in appreciation because if people are to believe in future messages about the safety and integrity of GM I want to know about those thought processes because here we have a situation where a product which was deemed to be safe and okay suddenly lost confidence and I want to know why. (Baroness Hayman) I will find out, if I may, what happened in that because I was not the Minister responsible at that time. I would guess that nothing very different may have happened from a whole range of products that come and go off the supermarket shelves. I am often irritated when I go shopping to find that a particular manufacturer no longer makes something that I really liked that obviously a lot of other people did not and therefore on commercial grounds they have taken it off the shelves. 507. I used to work for Marks & Spencer and I have made those decisions about when you take a line out of the catalogue because it is not selling and there is a difference between that and responding here to a loss in consumer confidence to a product that was clearly labelled and clearly explained to the consumer. Because the reverse is we are talking about explanations and labelling for those who do not want a product with GM in it. I want to know what establishes the boundaries of consumer confidence when they are presented with the type of messages that at one time convinced a lot of people to buy the tomato paste? (Baroness Hayman) I still think that some of those answers are for those who are involved in the commercial business of producing and selling those products. I take your point, however, and I would say that it was not Government regulatory action that took that product off the shelf. I think that one of the ways we do have to respond in the wake of a great deal of public comment and a loss of public confidence (and I think in the broader issues around GM technology that then comes back to your tin of tomato paste on the supermarket shelf) is by having very open and transparent processes for regulation and scrutiny of new products to ensure that people's confidence is built up again. I know you saw Janet Bainbridge and the way in which the Advisory Committee on Novel Foods and Processes is working, the way it is trying to take out even further into the public arena the details of applications as they are made and giving people the opportunity to comment on them, the overarching Commissions that we are setting up, that broad public participation in the debate and the creation of robust structures which are not dominated by those with the vested interests will over time create confidence. From that confidence whether something then is commercially successful or not is for the commercial world but, equally, I accept that there is a responsibility within government which I think is best discharged by having very robust processes to make sure that people can have confidence in the regulatory processes. I think one of the reasons for the withdrawal of enthusiasm, if you like, was a lack of understanding and public knowledge of the very detailed work that does go into the regulation of these products but I do not think it was widely known or appreciated and there was concern that it might not be thorough enough. 508. But a lot of people had confidence to buy the product in the first place. (Baroness Hayman) Yes, public debate about issues sparks people off into thinking about things or changing their purchasing habits and that happens on a range of issues. Chairman: I suspect this argument is not getting very far so I will call a halt. Mr Mitchell has a couple of points to raise. Mr Mitchell 509. Is the Government concerned that non-GM foodstuffs are going to become beyond the economic reach of the mass of consumers or certainly the poorer consumers? (Baroness Hayman) I think that is a debate that is had equally about organic produce. At the moment there is not a big price differential. There is very little GM produce in supermarkets and it is GM ingredients of other produce rather than individual items. The supermarkets that have chosen not to stock GM produce have chosen to do so without passing on vast costs or any price differences to the consumer. I think there are issues further down the line. I think there certainly would be issues on animal feed, for example, where we are talking about much greater use of GM product at the moment, but as things stand we have very few GM foods, they are a very small proportion of food and the costs that have been, as I understand it, incurred by supermarkets in offering the range of non-GM foods have not been passed on to the consumer. So I do not think it is an issue at the moment. 510. You mentioned the role of trading standards officers and tests that would be verifiable that they could do. Is there any danger given that Richard North has written at some length about the thought(?) police that we are going to get on their part the same kind of hostility to GM foods that they have shown for instance to non-pasteurized/unpasteurized milk in cheeses and there will a witch-hunt against GM foods if that kind of panic-mongering goes on? (Baroness Hayman) I do not see that myself. I think that local authority officers have shown a proportionate response on a variety of issues. Of course, there are two sides to every argument and for all the people who want stricter controls, monitoring and testing there are people who feel that this is an unwarranted intrusion into people's opportunity to buy what they want to buy and to consume things in a fairly robust nature without worrying too much. I think it will be for individual local authorities to ensure that the response is proportionate and sensible and the Food Standards Agency does have very clearly in its framework the responsibility to look at the costs and benefits of enforcement action and to strike a sensible balance between them. What that balance is can only be determined by the circumstances. Chairman: We will be watchful. Mr Curry? Mr Curry 511. Let's go back to the food chain, much closer to your parish. How important are the field trials? (Baroness Hayman) I believe that they are extremely important in terms of an assessment of the environmental consequences of growing these crops in this country. I think that there is a widespread desire to know exactly what the effects of new crops are on bio-diversity, on the agricultural environment. As far as food safety assessment is concerned, I do not think there is a great deal of relevance because that has to be done through assessing the product that is consumed rather than issues about growing. So I can envisage a situation where it is perfectly possible to say that a food is safe to market whereas we might not wish it to be grown in this country because of our particular environmental consequences. 512. Your answer then is that they are very important in the argument about the wider ecological impact, not on the food safety impact? (Baroness Hayman) Yes, although I do not think that you can totally separate the public confidence issue. 513. That is not the thrust of what I am going to be getting at. Could you come to valid conclusions without field trials? (Baroness Hayman) On the environmental and agricultural? 514. Where you have defined them as important? (Baroness Hayman) I believe that the field trials are essential to a proper assessment of the implications of the properties of particular GM crops. 515. So what happens if Greenpeace trash them? (Baroness Hayman) These trials are being legally carried out under very carefully agreed protocols that we have agreed with SCIMAC. We firmly believe that there is an obligation on everyone who participates in this debate from whatever side to allow those trials to go ahead so that all of us can have the evidence on which to take appropriate decisions about the way forward. 516. But the leader of Greenpeace does not agree with that. He is a Member of your House. (Baroness Hayman) I think he is on leave of absence. 517. I know but his people trashed the trials last summer and then he complained that he was not given bail to go to Kenya for his holidays. (Baroness Hayman) I do not believe it is for me --- 518. I am sorry, this is a serious point. You are sponsoring these trials, you are paying people to do these trials, you determine what happens to the product of those trials, and yet we have seen clear evidence that certain organisations appear determined to prevent their taking place. The trials are widely advertised, they are identified by very close topographical references which are available on the Internet and you have said that they are very important, but they are at risk of being trashed. Do you think you have a responsibility to stop them being trashed? (Baroness Hayman) I think we have a responsibility to ensure that the appropriate level of safeguards is there. Equally, I do not believe going away from our fundamental belief in transparency over time as being the way in which to build up confidence, that we should anticipate a trashing or a destruction of those trials before it happens. I think we should see how we go. 519. But, hang on, you cannot anticipate it after it has happened, can you? (Baroness Hayman) No. 520. You said there should be safeguards. What do you mean by that? (Baroness Hayman) I think it is important, for example, that the local police force in an area where there is a trial are aware that that trial is going ahead and that a farmer who is participating who felt he needed support should know where he could go for that support. What I am saying when I say I do not think one should anticipate or answer hypothetical questions is that we are not in a position at the moment of knowing what will happen. I think that the agreement that Michael Meacher took forward with SCIMAC about the conduct of the trials has been extremely important. It has assuaged the concerns of many of the environmental groups and I hope that those trials will go forward successfully and I am not going to be drawn into what would happen if they did not. 521. We all hope that that is going to be the case, do we not, but the fact is that in the past there have been deliberate attempts to trash them and as a result of that some farmers have withdrawn from them. You need farmers to volunteer for this. You want them to be participants, we all want that, but if they feel when something happens the Government throws up its hands and says, "Oh dear, we cannot do anything about it", they will not want to carry on with it. Here is something you have defined as being very important that is at risk from freelance activity. The point of my question is merely to know whether you felt the precautions or safeguards as you have called them which are now in place are adequate or whether you think having sponsored them that you have some sort of duty to make sure they take place peaceably. (Baroness Hayman) I think we have a responsibility to keep a very close eye and assess what is happening in terms of disruption if it does occur. Equally, the Government has not just sat back and washed its hands. It has been absolutely clear that people should obey the law and there is no justification whatever for illegal action. 522. We agree on that. (Baroness Hayman) Prosecutions are a matter for the prosecutions service rather than for Government. 523. Let's look at another way round this. If a product or a crop were approved elsewhere in the European Union, and, after all, under the rules an approval in one Member State is supposed to run through the whole European Union, could it be planted in the United Kingdom without having gone through a field trial? (Baroness Hayman) We have at the moment a voluntary system to which all the participants have signed up that it could not under those voluntary rules be planted here. 524. Yes, but do you think that if it went through its trials, leaving aside the voluntary rules, that you would be satisfied sufficiently about the ecological and for that matter the food safety impact that it should be capable of being planted in the United Kingdom? (Baroness Hayman) I think we have made it clear that we do want to know the environmental impact and the biodiversity impact within the United Kingdom. That is why we have set up the farm scale evaluations and why we want to see crops being introduced here to go through that process. 525. So the notion of a European approval system with one Member State being nominated, as it were, to do the trials and once that trial has been completed that clearance coming via Brussels with a rather elaborate mechanism is dead? (Baroness Hayman) I do not think it is dead. We are all looking at the WTO level and at the Biodiversity Protocol level at the particular ways in which individual States' environmental concerns and the scientific evidence that is necessary at WTO level, for example, on plant, animal or human health grounds for not participating in Single Market or normal trade considerations can be properly discharged. I think here we have made it absolutely clear that we do believe we want to know the environmental impact within the United Kingdom so that we can see whether there are any scientific grounds for not participating in the Community approval process. 526. So you would say that this is a case where the normal Single Market rules are inappropriate? (Baroness Hayman) I am saying that the Single Market rules always allow for individual action for the protection of human health, for example, and that we want to see the ability to look at environmental issues and biodiversity issues. I do not think that is simply a United Kingdom phenomenon. There are other countries both within Europe and internationally that are equally interested in those issues. 527. Let's say a crop has come through a field trial and that you are satisfied as a result of that that it does not have any pernicious environmental effects and, as you have said, a field trial would not be the area where you would see food safety issues, you are satisfied with food safety, are there any other tests, research, trials it would have to go through before you were ready to approve it for commercial planting having come out successfully of the field trial cycle? (Baroness Hayman) I do not think so. May I double check that and let you know if that is an incorrect answer? Chairman 528. Can we move on in the same area to the SCIMAC guidelines? The government welcome the SCIMAC initiatives. You said in your response to another select committee that you were seeking to persuade the European Commission to use these as the basis for legislative proposals on a statutory footing. Have you had a response from the European Commission to that suggestion? (Baroness Hayman) That is something that I believe we are still pursuing within Europe. I think there is an interest in these issues amongst other countries as well as our own and we do believe that we are something of a pathfinder here. It may be that we can help in terms of the Commission's deliberations. 529. There must be some concern among some circles that SCIMAC is an industry initiative. It is owned by farmers; it is owned by plant breeders. It is not owned in any sense by the government at present. Do you feel that putting the SCIMAC guidelines on a statutory footing would address the concern some people have expressed that the guidelines are owned by those who benefit from the planting of the crops? (Baroness Hayman) Yes. Certainly we would like to see them on a statutory footing. What I was not quite certain about was where we are within the European process of pushing that through. We have a number of initiatives in Europe at the moment. 530. We will have to settle for a later note on that. The issue really is whether the SCIMAC guidelines are the right ones. We have had evidence in the past from the Soil Association calling for six mile notification zones and that contrasts with the SCIMAC guidelines which are very modest distances. The largest is 600 metres, so they are asking for something eight or ten times the distance. Last week, we had a very interesting report prepared by the National Pollen Research Unit at University College, Worcester. I do not think I have to declare an interest but I live in Worcester. I have a full copy of the report here. It is desk research conducted by two academics into pollen dispersal in specific crops. It is a very thorough piece of work. In some areas, it makes it clear there is no cause for concern at all but I am concerned about the very sharp difference of view expressed between SCIMAC and this report about oil seed rape. I will read the summary: "Oil seed rape presents a high risk for cross-pollination between source and recipient fields. It is interfertile with a number of wild relatives found in the UK and introgression of transgenes seems likely. Pollen dispersal has been recorded at up to 4km by insects (some 20 fold higher than the recommended isolation distances), and to 3km by the air flow. Notable potential exists for cross pollination with feral populations which are common in the UK, giving rise to well distributed further sources of possible contamination." I will not go through the whole report; it is 60- something pages long. It deals with each species in turn. It says something similar about sugar beet which also expresses concerns of a similar kind but of a lower order of magnitude. It says there are particular concerns about wheat and potato and on maize one needs to look carefully at what it says but on oil seed rape there seems to be a good scientific basis for worrying whether the SCIMAC guidelines are right or not. Have you had a chance to reflect on what the Soil Association's new report, conducted by these independent academics, actually says? (Baroness Hayman) Yes, we have, because I think some of the evidence from it was brought out earlier, although it was only published last week. The issues about cross-pollination are of course ones that ACRE looks at in determining releases into the environment. Within the SCIMAC agreement, there are different separation distances for different crops which reflects what you were talking about, that oil seed rape can cross-pollinate more easily and over greater distances than other crops. The SCIMAC guidelines do include separation distances that have been widely used in the past to protect crop integrity in commercial agriculture. While pollen can travel several kilometres, the issue is the likelihood of cross-pollination and that reduces very much over distance. This is an area obviously of great concern, particularly to the organic movement. They have been talking about separation distances much larger than the SCIMAC distances. We had a meeting last week when we brought together the organic sector and SCIMAC to consider how the guidelines might be developed to address the issue of detectable GM material being found in organic crops which is obviously a major issue for them. We are drawing up together a research specification which will be discussed in March so that we can look at whether there is the need for further research. MAFF does have a programme which addresses the risk assessment of GMOs in the agricultural environment which includes already studies which are intended to quantify the extent of pollen transfer. The Farmscale Evaluation Programme will allow us to have research with crops grown on a field scale. I am not saying that we do not need more research on this but the Farmscale Evaluations will allow that. Equally, I think we need to look at whether we need to develop those separation distances in the light of the concerns of the organic sector and that is what we are going ahead with. 531. I want to return later to the organic sector. This report, although it is commissioned by the Soil Association, does not specifically address the organic sector. It addresses those farmers who want for whatever reason to grow non-GM crops. Oil seed rape distances under SCIMAC, which you are currently urging the European Union to put on a statutory footing, are the smallest for oil seed rape of any of the crops, 200 metres. It is 600 for sugar beet, 600 for fodder beet and 200 for forage maize. Yet here we have this new report which says that data suggests that transgene movement to non- GM fields and/or feral populations is highly likely following commercial scale release. "Transgenic individuals have been identified in feral populations." They are implicitly recommending a much higher separation distance. Are you going to put on hold your recommendations to the European Union about putting these SCIMAC presentations on a statutory basis until you have reviewed what seems from very powerful evidence here to suggest that oil seed rape in particular needs much, much higher distances than had previously been thought? (Baroness Hayman) I will write to you about the European thing. The important thing is there to have a statutory basis. The content has to be the right content. One is not putting in tablets of stone what may need to be developed or changed. If I can go back to the separation distances, these are internationally recognised. There is about 50 years of experience in terms of providing seed purity across the world. Over time, they have given a seed purity in excess of 99.5 per cent. These are not figures plucked from the air or that we have no experience of in the past. Equally, we have to look at whether there is new evidence or whether there are particular issues that mean that we need to change things. I am not suggesting that we necessarily have got it 100 per cent right now. Mr Jack 532. I would appreciate a note from MAFF to help me understand a bit more about the real risk factors which can occur when pollen drift happens. I could see that if you had crops at different stages, one where pollen was produced, one which was not at that stage, pollen drift might have some effect on the plants growing where pollen had not yet occurred, but if you have two plants at an equivalent stage in their development and pollen from one lands on another I am struggling to understand what then happens to the cross-pollination under those circumstances. In other words, where are the risks that suddenly by mutation new things happen so that a non-GM crop could be corrupted by virtue of the pollen from a GM crop landing on it? The Chairman has put forward a very interesting finding but what I would like to know is what actually happens in the real world? Is there a real risk or is this just an interesting scientific finding and we should say, "Yes, there it is but does it have any relevance?"? (Baroness Hayman) I would be delighted to respond to that request in writing because it is not my area of particular expertise. I think you are right. It is the effect of this that is important, just as it is the property of a new crop, whether it is herbicide tolerance, rather than the process that is the issue that we ought to address. Chairman: Far be it from me to put in a commercial for the National Pollen Research Unit but you will find those issues addressed in this report. It does vary from plant to plant. Mr Jack: But it is different, with respect Chairman, to pollen drifting around and the effect it has and how it arrives. Chairman: It is dealt with in this report. Mr Hurst 533. To those of us without any great scientific background, some of these things are a mystery. One cannot help but go to ancient woodlands and be told by the woodman that if the wood is restored to its more natural location all sorts of plants not seen for decades will start flowering again, which suggests species lie in the ground and, if conditions change, will come back up again. It is only yesterday that all of us were being briefed, were we not, on air quality and the pureness or otherwise of air? They convinced me at least when I was so told that one of the risks of poor air quality in the past summer was the winds coming from the continent of Europe diminishing our air quality. That is quite a long distance away. What I am a little concerned at is do we have yet enough research to make judgments about distances and indeed about periods of time that the plants can reproduce themselves after they have changed from one form of production to another? (Baroness Hayman) As I said earlier, I think that these are all important issues to explore. We do have a great deal of experience in conventional agriculture in terms of introductions of new crops, plant breeding for different qualities, things like separation distances that provide seed purity. That does not mean that knowledge stops there. There is a research programme that is going on, funded by MAFF, to look into some of these areas. Equally, we are talking with the organic movement in particular to see whether there are very precise questions to which they need the answer. These things are of interest generally about new crops or environmental effects -- you were talking about air pollution -- far more broadly than simply around the issue of a GM problem. 534. Narrowing it to GM crops, we have received evidence from the Royal Institution of Chartered Surveyors that the growth of GM crops may well affect the value of that land and the neighbouring land. Do you believe that a notification system should be instituted as to the intention to grow GM crops on particular parcels of land? (Baroness Hayman) I believe it is important that we maintain the transparency of the regulatory system as it is at the moment, which means that we do have to be very clear about where crops are grown on an experimental basis. If a crop has gone through all its regulatory processes, I am not certain what the justification would be for singling out a GM crop rather than any other crop for compulsory notification. 535. Does it not touch upon the distances question that our Chairman was raising just now? If I am a farmer who is farming however many yards away from a GM crop on that parcel of land, is it not right that I should have a register that I could check to see if my neighbours were growing GM crops rather than not? (Baroness Hayman) The SCIMAC guidelines put the onus on farmers growing GM crops to notify their neighbours of their intentions by specific dates and to reach agreement on planting strategies. There is a penalty in the case of non-compliance as part of the measures that have been drawn up by SCIMAC. That would allow the good neighbour information going across in the way that you suggest and that is in the guidelines. That would hopefully, in time, have statutory force. 536. If I am the neighbour so affected -- in other words, I am not growling but my neighbour is -- and I do not think it is going to be terribly good either as to the health of my own crops or indeed the value of my land, what mechanism is there for me to object? (Baroness Hayman) One has to say what is the danger that is perceived. That is difficult to see if the regulatory process has gone through. If, for example, you have organic and non-organic conventional crops next to each other, exactly the same issues arise. People will want to farm in different ways. We have to have appropriate separation distances that do not allow for contamination over and above what is acceptable, but equally one cannot have huge walls between different areas. You have to have a system by which neighbours can co-exist with different forms of farming. You cannot have a 100 per cent total purity because we do not have the sorts of barriers that will do that on any issue. We have to devise what are appropriate levels of adventitious contamination to allow people to continue to safeguard the purity of what they are doing. 537. There is the economic factor. If I may use one of the most over-used words these days, transparency -- which, as I understand it, means that you understand what the position is -- if I am a purchaser of land, is it not right that that is one of the elements that my solicitor would look into, so that I know what is being grown on certain land around me, so that I can make a judgment about the potential value of that land? (Baroness Hayman) I am not quite sure how the notification under the SCIMAC agreement would apply to disclosure of information from the person currently farming to someone they were selling onto. Perhaps I could find that out for you and let you know. 538. I am thinking of an updated version, I suppose, of the Domesday Book. That is not meant in any sense other than a book which is a book of record. It would be relatively easy to see which parcels of land were growing what kind of crops if a central register was kept because there may well be a perception, rightly or wrongly, that land values will rise or fall depending on, firstly, whether that land is growing GM crops and, secondly, whether it is adjacent to land that does. (Baroness Hayman) I am just asking myself, in having the dialogue, what is the justification for making GM crops special in that area, rather than crops that have had heavy pesticide use. There may be a range of other issues that equally could affect the value of land or neighbours. I am asking myself why one takes GM out particularly in that area. Obviously, in terms of the trials of the SCIMAC agreement, we are looking at ways to make sure that this is transparent. I think we have to be careful about assuming that GM crops are completely qualitatively different from anything else and that different rules have to apply in all aspects of the way in which they are handled post introduction, after very careful scrutiny and regulation. 539. I accept that. It may be premature until we see the effect it will have on land values but if there is clear evidence subsequently in time that there is an effect on land value then I would submit there is a case for having a register to show particular parcels of land and their agricultural history in that regard. (Baroness Hayman) I think it is an interesting issue. Certainly the issue about information for vendors I will chase up and let you have, if I may. Chairman 540. Let me return now to the question of GMs. You said that a meeting Joyce Quin hinted was going to happen has now happened between organic farmers and SCIMAC. (Baroness Hayman) Yes. 541. Were they able to find any areas of agreement? (Baroness Hayman) I was not at the meeting myself. I understand it was a constructive meeting. There was a conversation about how we can bridge the gap because, as you said earlier, the organic movement has talked about very long separation distances, has been very concerned about every organic farmer within a wide range being notified about what was going on, rather than simply neighbours. I think it was a constructive meeting that started talking about the things that Mr Jack was talking about: what the results would be, why this information is important. Therefore, what is the relevance and what should be the appropriate distances. They did not reach a conclusion about that but they are going to meet again to talk about it. Equally, the research issues that people wanted to focus on. 542. Are they meeting again under the auspices of MAFF, the government or independently? (Baroness Hayman) Under the auspices of MAFF, yes. 543. Clearly, these talks have important implications for putting separation distances on a statutory footing. (Baroness Hayman) They do and they have important implications for the organic sector which is one that MAFF has supported. 544. All the evidence is really that the organic sector regards GMs as the work of the devil and they cannot be tolerated at all. There is an absolutism here, rightly or wrongly -- I do not pass judgment on that -- and they feel that GM contamination, even at very low levels, renders their organic produce non-organic. Can the government credibly encourage both GM and organic sectors? Is it possible to have a policy which actually meets the concerns of both sides? (Baroness Hayman) I was heartened by the report of that meeting in that there was a willingness to try and recognise the need for co-existence. There are very strong feelings within the organic movement but equally a recognition I think that it is not appropriate for government to outlaw the technology simply because someone else does not believe in it and without a proper basis for so doing in terms of protection of public health or the environment. I hope that over time a modus vivendi will be possible to work out. 545. If I am right, the European Union rules, we are told by the Soil Association, for organic production were revised last year to prohibit GMOs in organic production. I do not quite know what that means in terms of thresholds or what the definition of prohibition is but is there not a question here ultimately -- maybe your last answer suggests there is not -- that there are two incompatible crops here. Whose right should take precedence? (Baroness Hayman) I think we have to find a way of a proper recognition of the interests of both sectors. There is an issue of whether GM is different from other non-organic production. The organic movement has to recognise and find a way of living with adventitious contamination from conventional crops. It has to find a way of dealing with spray drift; it has to find a way of dealing with non-organic material in animal feed, of laying down tolerances and working out what the criterion for calling something organic is. They have taken a very clear view about GM technology as being a very particular and more worrying form of conventional agriculture than the norm, but we have to find, as a society, a way of marrying up and determining what are the legitimate aspirations of the different areas. I do not think it is legitimate for government -- whether that is because of international obligations on trade; whether it is in terms of simply dealing fairly with British agriculture or British industry -- to take action against a sector which is not based on scientific evidence. We have to get that evidence and that is what the government is trying to do, but you cannot simply ban something, to put it crudely, because some people are very ideologically opposed to it. 546. That is a very clear message to the organic sector that they will have to be like Dr Strangelove and learn to stop worrying and love GM. (Baroness Hayman) Those are your words, not mine. 547. That is what you just said. The organic sector must stop worrying. You will find a way of containing GM and they can carry on and co- exist. That is not how most of my organic friends see it. (Baroness Hayman) I do not think I said that they must learn to stop worrying. They want their concerns recognised and I think government has to provide a forum in which this technology, if it is developed, recognises and meets legitimate concerns. Equally, they recognise that they do not have a veto over other agricultural methods, whether GM or non-GM, just because they are not the methods that they choose to adopt. 548. For whatever reason, the presence of a GM crop or a GM foodstuff could have an impact on values; it could lead to civil actions; there could be a question of liability for financial loss. That question does exist. This question was raised during the debate in Westminster Hall last week which your colleague, Mr Meacher, answered by Brian Iddon. He asked, "Will liability lie with the companies that sell the products, the farmers who grow the crops or with government who license the crops to be grown?" Do you have an answer to that question? It may even require legislation. Do you intend legislation to carry forward liability lines? (Baroness Hayman) It may involve legislation and it may involve legislation at an EU level rather than a United Kingdom level. It is one of the areas where we would want the Commission to bring forward proposals so that that can be determined on an EU basis, because we might have a situation where the approval, for example, or the regulatory body was in another country. It is not something that you can simply do on a United Kingdom basis. It is one of the areas where we are pressing the Commission to take action. Mr Jack 549. In your evidence in paragraph 12, you talk about, "With the cooperation of the Canadian and US authorities, a list of suppliers and distributors of non-GM soya was therefore published and placed on the Internet by MAFF in 1998", and you then go on to comment about what US grain handlers have offered. Has anybody from MAFF or another government department been through the chain of supply which is reported by this Internet site to examine its methodology for achieving separation and the integrity of its results? (Baroness Hayman) I know that there have been visits to, for example, South America, looking at sources of supply of non-GM material. The precise nature of the evaluation of the supplies that were put on that website -- I think it is clear on the website that there is a need to check the integrity and for individual suppliers, people who are using the supplies, to assure themselves. I think it is an information base, rather than a verified source of supply. 550. The reason I ask that question is that we have had evidence from the Royal Institution of Chartered Surveyors, who consider that the whole matter of segregation should be a seamless protocol, as they describe it, from plough to plate. On the other hand, SCIMAC have a different view. They have a baton approach where one person in the chain passes the responsibility to another. I wondered whether MAFF, in looking at perhaps two different approaches, had from an objective and scientific point of view evaluated whether they both worked. Could one say with confidence that if you follow that route A or B it would maintain the integrity of segregation whatever the methodology or were there any watch points, because people will often turn to government as an independent source and say, "If we are going to have systems of segregation, have you studied them? Are there potential breaches or are you happy that if you follow methodological approach A" -- either the chartered surveyors' or the SCIMAC approach -- "you have an evens chance of getting a segregated crop from the beginning of the process to the end". (Baroness Hayman) I think this is part of the work that needs to be done in the definition of "GM free" because obviously it is at points throughout the supply chain where there is risk of contamination and there are a large number of points between farm and fork, where you need to look at the hazards of identity preservation. I do not think we have come down on one method or another but within the European context of defining "GM free" that is where the debate about the appropriate methods of identity preservation has to be. In terms of what has to be labelled as containing GM and the one per cent threshold, that applies only to things that have been sourced as representing themselves as non-GM. It is not something where there has not been any attempt to verify whether this is GM or non-GM. 551. The reason I am probing this is that there was a hint in some of the oral evidence we had that people may not always stick to the rules. There may be people who would cheat and say, "This is a segregated, GM free crop" within the terminology you have just described, but it turns out that it is not. I can imagine that if that occurs one of the partners who will be brought in to help adjudicate and deal with such matters is the government. You talked about SCIMAC's approach as one -- and there are others -- almost saying, "It is up to the commercial market place to sort out a system that will work and the customer should have confidence in what the supplier is sending; it is not a role for us." Do you have a view as to who should determine what these protocols should be, the baton approach or the all- encompassing? Do you think that MAFF has a role in putting some basic ground rules in that people should observe, good practice, or are you strictly in the stands, watching the game on the pitch? (Baroness Hayman) I think there is an issue and it is the issue between what it is essential and statutory for people to label which is containing GM. Government has a responsibility for a definition of that -- that has been done now at the EU level -- so that that can be verified; so that it can be tested by a Trading Standards Officer. Equally, I drew a distinction about the claims that may be made. The claims for GM free will take you through the supply chain and identity preservation issues. No one has to claim something is GM free or label it as GM free. If they do, it will be covered by the general rules of not being misleading and then it will be again for Trading Standards Officers to look at whether the particular product fulfils the definition of GM free. That is why I come back to the importance of the EU having a level playing field here so we all know what we are testing against if someone makes that claim. 552. You are quite content that the various points at which you objectively establish something that can be measured and defined are sufficient checks for you to be happy that there will be a diversity of approaches employed by commercial suppliers and buyers when it comes to them getting their GM free crops from wheresoever they get them? (Baroness Hayman) My responsibility and in future the Food Standards Agency responsibility will be to ensure that there is a definition that is verifiable and that consumers are not misled. I am not sure whether it would be our responsibility to say the actual process in which someone who makes a claim ensures that it is appropriate. We have to make sure that it is testable. Mr Todd 553. Could I refer you to paragraph five of your Department's submission on the issue of the Novel Foods Regulation, particularly the reference to the requirement for specific labelling where a food may give rise to ethical concerns? What do you think that means? (Baroness Hayman) This comes from the Novel Food Regulation. Chairman 554. I am giving a lecture in Evesham in April on the ethics of genetic modification so I am very anxious to have a good response to this, Minister. (Baroness Hayman) It is based largely on the Polkinghorne Report of 1993, the genes from animals of religious significance, animal genes in plants or human genes in food. I think it is dealing with potential for the future, not with what is happening at the moment, the possibility that has been suggested around the transfer from one of the genes, the genetic modification trans-species. Mr Todd 555. That was the origin of it. What do you think it means? In other words, that is where that particular item stemmed from but when one introduces the concept of an ethical concern about food obviously that opens up far more than just the narrow report as being the origin of it. (Baroness Hayman) This is about an ethical concern in a GM food, so that is very specific. It is not, for example, about animal welfare, issues that might be characterised as ethical. 556. I was not seeking to spread it from that. What I was suggesting was that the use of GM technology to produce a food in which GM components are absent but the process involved the use of GM might be seen as an ethical matter to many consumers. Would you agree with that? (Baroness Hayman) I think that is stretching what this is about. I recognise that some people are interested in the use of a GM process as well as whether there is GM material in the finished food. That comes into how we define whether something uses the phrase "GM free" rather than how we demand that something is labelled as containing GM material. This was very specific around concerns that were expressed that, for example, some people might have no worries at all about a form of maize that was herbicide resistant. They would see that as an advance on conventional plant breeding and not of concern. If at some point in the future -- and this is not happening now -- someone wanted to take a gene from one species, an animal species, and put it into a plant, there were people who would have ethical concerns about that and who would want to know. That should be appropriately labelled. 557. As is my wont, I look at this in a slightly different way. A lot of this debate is about size, but when you introduce the issue of ethics into it that becomes a matter of individual judgment and morality, does it not? If the EC and this government wishes to recognise the right of an individual to have their own moral choice over both the process of the food production and the food that they eat, is that the intent of the government, to provide that choice within a labelling regime? At the moment, as I think we have conceded, you are saying that takes it a bit too far. It does not do that. Someone who has an ethical concern about the GM process per se would not be satisfied with the current labelling regime because it would not indicate that that process was used. (Baroness Hayman) There are two levels of decision making that have to be taken. We cannot cover on labelling physically all the concerns that a wide variety of consumers might have about a food because those are many and various. The whole of the packet would be taken up with them. There has to be a decision statutorily about what does have to be included and what there is no choice about. Equally, because there is a range of things people are interested in, there are lots of possibilities opened up by technology, for example, of finding out a great deal more about what a food contains, what processes have been used, so that the enquiring consumer with a particular interest can find out more about a particular product. One of the things I think is interesting in food labelling for the future is the possibility that you will be able to take something, take its bar code, take it to a scanner in a supermarket and find out a lot more about it, which is much more tailor made to your particular concerns. 558. It will show you the beast that it came from. (Baroness Hayman) Realistically, because we are all individuals and have different concerns, you cannot provide that for everybody on everything. 559. I understand that but the point I am trying to draw out is perhaps it was rather incautious to introduce this concept of ethical concerns into what has otherwise been a debate about the scientific safety and environmental impact of the product, because it does introduce a wider potential agenda of concerns on the labelling front. You are conceding that the government at the moment sees no reason to respond to one particular ethical concern about the process of GM technology. (Baroness Hayman) This was obviously in the minds of European legislators at the time, probably sparked off by the Polkinghorne Report, and by particular concerns on the potential of transgenic. A hazard of legislators the world over is that they will take an issue of particular concern and we all know that that can happen and it may not be comprehensive. I have not looked at the debates on why it was included, I am afraid. 560. Returning to the issue of numerical counts and science, how far has the issue of adventitious contamination or addition to a food at European level now got in defining that matter? (Baroness Hayman) It has got to the point where it has been agreed, the acceptance, with a product that has been sourced as GM and non-GM and can have one per cent of an ingredient with adventitious contamination and still not need to be labelled as GM. It is one per cent of an ingredient, not necessarily one per cent of a finished product. Because the processed soya or maize is in most foods a very small component, you are actually talking about a lot less in terms of the finished product that is bought off the supermarket shelf. That one per cent was taken as what was testable and reasonable in current circumstances and looking at the issues of sourcing. Of course, that takes us back into the issues of potential contamination throughout the sourcing process. That comes in in April. There will have to be a surveillance programme around that and that will be something the Food Standards Agency takes responsibility for through local authorities. What we did press for within Europe was a review of that level, whether one per cent was the right level, because there was a debate about that, whether it should have been lower or higher. We think it is quite possible if identity preservation sources are developed over time and if across Europe we have assessment methods that are sufficiently sensitive to bring that level down. 561. How is the use of GM ingredients by caterers being approached? (Baroness Hayman) That was the other area on which progress has been made within Europe because we did extend the GM labelling requirements to catering establishments. There was some concern because, although that responsibility was put on the eventual supplier to the consumer, there was an exception for catering suppliers from the GM labelling regime. Also, agreement was reached within Europe equally so that catering supplies have to be labelled so that restaurateurs can know what they are doing. That has equally been adopted and will come in in April. 562. Have any checks been made? (Baroness Hayman) I think local authorities have the responsibility for enforcement. 563. Do you have any knowledge of whether any checks have been made? (Baroness Hayman) Not at the moment. I believe that there are annual returns that will be able to monitor. Some of it is sparked off by consumer complaint or asking people to investigate. Mr Borrow 564. In your responses to Mr Jack a few minutes ago, you touched on the issue of testing in general. This Committee has heard from a number of witnesses concerns about the accuracy of testing and the extent to which testing is to a common level within the United Kingdom and across the EU. What moves are there towards development of common testing standards across the EU? (Baroness Hayman) There are quite a lot of moves. We have an evaluation programme in this country, a proficiency scheme to determine the availability of labs to offer a reliable detection service and to ensure that the required standard is achieved. The EC Joint Research Centre in Italy has organised a series of trials with labs across Europe to ensure that methods currently available are sufficient to detect GMOs at that one per cent threshold level in line with the current legislation. We are fairly confident that across Europe there are those detection facilities available that can be quality assured. Obviously, it may be that different techniques become available to allow better sensitivity and different product may need different testing techniques. 565. We are moving to a situation where the testing techniques for each particular product will be common across the EU and we will not have different testing techniques operating in different EU Member States? (Baroness Hayman) What is important is that we have equal quality and reliability in all European states. I am not sure that we have to be didactic about there only being one mechanism. We have to look at the output here and if the output is the same quality assurance of the testing, but that is really what the trials that are going on at the Research Centre are about. 566. The aim is that whatever the actual technic of testing that is used, whether in Frankfurt or in Edinburgh, the consumer can be assured that the standards of each of those tests are identical? (Baroness Hayman) Yes. 567. Even if the techniques are slightly different? (Baroness Hayman) I think that has to be the important issue, rather than the process issue. 568. Again touching on something you mentioned in your replies to Mr Jack, the issue of labelling, I got the impression from your reply that you saw that the question of whether labelling was accurate was a matter for the consumer to make a complaint on, rather than for the government to monitor the accuracy of. Could you clarify that? (Baroness Hayman) No. I was talking very much in the context of restaurants and the work that was going on with Trading Standards Officers for seeing whether labelling was being correctly carried out there. Obviously, some of that work may be sparked off by complaints by individuals that a restaurant is not complying with the regulation of showing on its menu whether it has GM materials. That was one possible way. The government obviously has a regulatory role to ensure that legal requirements are carried out so that things that should be labelled "GM" are labelled "GM". That is an ongoing responsibility. Equally, there is a general responsibility about misleading advertising and misleading claims that have to be carried out. One of the difficulties at the moment for a local authority Trading Standards Officer, if something claims to be GM free, is assessing whether that claim is true or not, because we do not have an agreed definition against which you can test the product. We need to do some work there to allow the surveillance to be carried out effectively. 569. It links back into the question of testing. If we have common standards of testing, we need to make sure that we have common standards on labelling and that both the testing and monitoring are two sides of the same coin. (Baroness Hayman) That was why it was important to get a level agreed so that wherever you were it was the same regime as to whether something needed to be labelled "GM" or not. 570. Related to testing, one of the issues that has been raised with the Committee is the extent to which testing is appropriate simply for the final product or whether there should be a common approach throughout the EU to testing of ingredients and of the process itself and of the final product. What is your thinking on that? (Baroness Hayman) I very much agree with the EU and international view which I think has been that testing has to be meaningful. Therefore, there has to be some GM material that can be tested for that makes the final product different from a non-GM final product for there to be a realistic regime of labelling and supervision and monitoring of that labelling. Equally, I do think it is important that, when we get on to voluntary claims that are made, there should again be an understanding of what a claim implies so that that claim can be tested to protect the consumer from being misled. That is level playing field stuff again and the same quality again. 571. Is it your view that the area where voluntary claims are being made about products and verification of testing standards is the area where more progress needs to be made? (Baroness Hayman) That is the area that we hope the European Commission will move on to next and make progress with quickly, because I think that is the next important area -- that and animal feed labelling. Mr Jack 572. Mr Borrow raised the principal issue which I wanted to know about. As I understand it, in some manufactured items, it is impossible to identify GM material because the manufacturing process homogenises everything to a point where you cannot test for it. If I have followed your logic carefully, what you are saying is that within the realms of our consumer law, if you are going to say that something is GM free under those circumstances where testing the final product cannot give you a test, you have to be able to say that all the ingredients in it are at least GM free. Otherwise, the claim is invalid. Is the European law in this area going to go into the detail of the various permutations that could come together? It is easy with raw material to test it because you have it in front of you. It is easy if you are the manufacturer to test it because you have the ingredients, but if you buy something from a third party and they say "GM free" you have to take it at face value because the thing you buy cannot be tested for GM. There are a lot of possible permutations and loopholes. Is the European law going to approach each one with a protocol? Is it going to be very specific or is it going to rely on surrounding legislation to ensure that there is an inner discipline in the chain of production so that when claims are made they are true claims? (Baroness Hayman) You have perhaps put your finger on why it has taken some time to produce a definition of "GM free" that is testable and usable and why I think it is important that we keep that area in the voluntary labelling regime because no one is obliged to put a label saying "GM free" on something. If they choose to do that, there is going to be rigour at certain places within the process. What exactly those places should be is something that we need the Commission to bring some proposals for and then individual countries to look at and consult with their own manufacturers and retailers about deliverability and testability of, because I am very anxious that we should not have meaningless standards, or standards that cannot be tested. Whether an enzyme that has been produced by GM technology should be allowed into a definition of "GM free" or not is one individual bit of debate that I am sure will take place, just as something so highly processed that it has no DNA material at the end of it. I think there has to be a debate about each of those issues, so we do have a comprehensive definition and one that is testable and assurable. 573. As the United Kingdom government will make a contribution to that debate, at what stage is our own thinking on addressing some of the very pertinent questions that you have just enunciated? (Baroness Hayman) We need to see some proposals from the Commission as to what they would want to see. I have a personal view that you start with some basics and you may add sophistication to them, but it is important to get a regime that is comprehensible and verifiable. Then you build on that as necessary, rather than producing something that is so difficult to fulfil and so complex that you throw the baby out with the bath water and no one uses the nomenclature from the start. That is very much a personal view. Mr Todd 574. When someone uses the term "GM free", what do you think it means? (Baroness Hayman) That is what Mr Jack and I were just discussing. I think it means different things to different people at the moment. Some people use it interchangeably as something that does not have to be labelled as "GM". Some people and some retailers are using it to suggest that there has been no "contamination" with any form of genetic modification, whether by process or animal feed ---- 575. It is not a very helpful phrase to use? (Baroness Hayman) At the moment, because it does not have a definition, it can mean a variety of things to a variety of people. 576. What do you think the definition should be? (Baroness Hayman) It needs debate amongst consumers, however we represent them, manufacturers and retailers so that we isolate the important elements that matter to the people who are going to rely on these claims and the elements that can be readily tested and verified, so that we get a definition without being didactic about what the definition should be. It should be something that is broader and more comprehensive than just something that does not need to be labelled as "GM" because it is a marketing claim in a sense. 577. Indeed. Would you accept the view of an organic specialist that currently they seek a definition of zero threshold essentially on their product and that it would be confusing in the market place to have a definition agreed by this wide community of interested parties that you talked of which indicated that GM free might involve some degree of tolerance of certain aspects of GM technology in the process? (Baroness Hayman) I think that is a very debatable issue because the organic sector is a small proportion of the market and they may choose to have very specific requirements, including in the area of GM as they might have in pesticides or anything else, which are different from and more stringent from the definition that could apply to conventional food. It may well be that some people who are not interested in organic food are interested in "GM free food" but are willing to have a different definition. 578. As you rightly said, this is all about marketing and presentation of goods to a customer. A unique selling point for an organic specialist might be that their product was genuinely, 100 per cent GM free. They would be disappointed to find that one of their customers could go to a local supermarket and find a product marketed as GM free under a future threshold agreement put together by this community of interests, which would destroy their unique selling point, because the customer would presumably say, "I can go and buy that in Tesco or in Sainsbury's", or wherever. (Baroness Hayman) That is one element that would go into the discussion about what the definition should be. I do not think it should be the only defining element. If you look at fat content, for example, there are different claims about fat content: low fat, reduced fat, fat free. There are different levels at which different consumers may pitch where they want to do their buying. It is possible that exactly the same will pertain in terms of GM content. 579. We have had a variety of views about where the threshold should operate. We have had one view which is that it should be based on due diligence which is that the suppliers should seek to find sources they can rely on and use their best endeavours if they fail in some way and be subject to a claim; that there should be no thresholds in this because they do not have particular faith in how the threshold will be measured. How would you perceive that? (Baroness Hayman) That was not the view we took in terms of the definition of GM and what needed to be put in there. I tend to be of the view that if you cannot measure it you cannot change it. Measurement is important. In a sense, the labelling requirement for GM is a combination of the two because there has to be due diligence to get a product that is not GM and then there has to be a test of a one per cent threshold, but one per cent is not so that people can mix GM and non-GM in a proportion that only gives you one per cent of an ingredient. 580. That is one per cent of any ingredient? (Baroness Hayman) Yes. It is a mixture of the two, but I think it is important for testing and measuring that you do have some objective standards, not simply qualitative tests. 581. Novartis have told us -- and indeed others have said it -- that it is difficult to obtain seed where a tolerance level of one per cent is possible in all crops. It is in some crops but not in others. Does that present a difficulty? (Baroness Hayman) I do not think it does because we are talking about several stages down from the seed in terms of the ingredient in the food. Generally, seed purities are around 99 to 99.5 per cent. Perhaps I could look particularly at that bit of evidence. 582. We have heard evidence that it varies and can go below 99 per cent in some instances. I am intrigued by that because you said seed is some way back in the process. If you were able to obtain seed with a purity level of only 98 or 97.5 per cent, would the crop outcome be acceptable as being GM free under the one per cent definition? (Baroness Hayman) No. The one per cent definition is not GM free. 583. It appears to be moving a little that way. (Baroness Hayman) That is quite important because you might want seed purity to be one of the tests in your definition of GM free, or one of the barriers or one of the tests, before you could claim something was GM free. You might want to set a level for seed purity and you might want to set a level for whether enzymes produced by GM technology are appropriate. That is different from the obligation to label as containing GM material which has to be related to the end product and measurement within the end product. That is where the one per cent threshold comes in. 584. Corresponding with your one per cent threshold, how would you perceive a crop with a seed purity below 99 per cent? (Baroness Hayman) That is where the parallel breaks down because seed purity levels are not relevant to the labelling of a finished food as having GM content or not, although they may be in future relevant to the claim that something is GM free. 585. The crop from that seed will be an ingredient of a food. The one per cent tolerance level and the fact that the seed purity may be below 99 per cent is not relevant to whether that ingredient which comes from that crop ---- (Baroness Hayman) What is relevant is what is in the ingredient and that may be determined by all sorts of issues. The seed purity may start it off but it may be processing and all sorts of things. Mr Jack 586. Some people are exercised that giving GM foods to animals may have some problems but in your evidence, paragraph eight, you make a bold claim that there is no suggestion that the use of GM animal feed gives rise to any safety concerns. Upon what do you base that statement? (Baroness Hayman) The approval processes and the scrutiny of the GM ingredients that were carried out by the Advisory Committee on Foods and Processes before they would be permitted into animal feed and the research that suggests that the product from animals fed on that feed does not have any difference from the product of animals that have been fed on non-GM food. 587. The second half of that sentence talks about the fact that there is not a problem in terms of the composition of the meat or other animal products. So that I am entirely clear on that, what you are saying is that if, for example, you fed a beef animal on soya which was of a GM type, when it came to serving the beef that came from that animal, you would not be able to detect any geo-DNA which indicated that that animal had been fed on a GM substance. (Baroness Hayman) That is my understanding of the scientific position, yes. 588. I presume that that general statement applies to all the normal species which are consumed by human beings, whether it be land based or, for example, farm salmon or anything like that. There is not a cross- contamination problem in that context. (Baroness Hayman) No. 589. I gather that your government is pressing the Commission to develop detailed labelling requirements at Community level to address this particular issue. Are you doing that because it is the right thing to let people know? If there are not any problems as your two definitive statements have said, one may say it is not an issue. Is it purely for information that you are pressing for progress in this area? (Baroness Hayman) The issue about the content and labelling of animal feed goes wider than GM material. It is an issue of EU competence and there has been some concern in some far more fundamental and less scientifically abstruse areas, so I think we need to make progress at the European level about labelling of animal feed in general. It is not a safety issue as far as we are concerned. We believe there would have to be the proper regulatory processes there. We have set up the Advisory Committee on Animal Foods precisely to specialise in this area, rather than being a sub-group of the Advisory Committee on Novel Foods and Processes. I think it is an issue of consumer information. There are farmers who want to know more about the content of their animal feed including whether it is GM or not. We should meet that request for information. People should be able to know what they are using and what its content is. That may be important to them in a commercial environment if we do get into situations where people are trying to source because they want to make a claim, for example, about GM food and they want to know about traceability throughout the food chain. It is part of a wider movement to greater traceability. 590. Do you think we are going to get into the theatre of the absurd? We were talking in our earlier discussions about the distances between GM and non-GM crops. Let me put a hypothetical situation to you. Beef animals are being grazed on grass very close to a field where there is an oil seed rape crop of a GM type being grown. The pollen which may contain DNA material from these GM crops blows over the hedge on to the grass. The cattle eat the grass. The farmer might say, "My grass is GM free", but it is not. How do you deal with that kind of issue because there are some people who may take such a view for purity and say, "I cannot guarantee" and then there will be a fear generated that somehow there is a problem; whereas your very clear definition here says there are not any problems. How are we going to deal with that in the real world? (Baroness Hayman) We are going to need some common sense because we could get into the ultimate chicken and egg argument here. In terms of feed is it enough to know what an animal has been fed on for a year before it came into the food chain or ever? Do you need to know what its mother was fed on? We need some common sense. 591. What about these rules that are going to try to deal with some of these difficult issues that ought to be covered? Is it purely information or should it go beyond that? I am talking about EU rules for animal feeds? (Baroness Hayman) I think there are two issues. One is to tighten up on some of the definitions of what is allowed into animal feed, and that is not a GM issue. That is an issue about animal feed overall because there is concern about what goes into animal feed. We know that can have major public health repercussions. That is not an information issue; that is an issue about safety and content, but that is not particularly a GM issue because there is no reason for us to believe there is any concern about the GM content of animal feed. I think it is basically an information issue and we have to have some common sense about how far back you go, what you label and in what detail you label. Otherwise, you can get into the land of trying to be so precise and give so much information that you give nothing of any use to the end user. 592. What is the general level of enthusiasm from our EU partners to all of this? Is everybody very gung ho, saying, "Yes, this is an issue we have to tackle" or are some of them sitting about saying, "It is all too difficult. Let's play it into the long grass"? Where are we in terms of progress on this? (Baroness Hayman) The discussion today has illustrated that there are lots of areas where more work is needed to be done and it is quite detailed, difficult, technical work that then requires quite an input of policy, judgment and proportionality. Working your way through it takes some time. We are tackling this seriatim. We have done the labelling of foods for restaurants and additives in flavourings. We have done the issue of the one per cent. I hope we will move on to the definition of "GM free" next. Equally, animal feed has been around for quite a long time and it has not made the progress I would like to have seen. 593. Our EU partners perhaps do not share the same enthusiasm as we do for sorting these problems out. (Baroness Hayman) We have a very well developed sensitivity to some of these issues in this country and in some countries there is not the same level of anxiety or putting it up as a priority. A lot of it is simply workload with the Commission. I do not think it is particularly a reflection of a lack of enthusiasm or people trying to block things. It is a matter of there being a very big workload. 594. Is the proposal to have a European Food Standards Agency going to help or hinder this process? (Baroness Hayman) I think it will help it. Chairman: I think probably we will not get drawn into that, much as I would like to. We ought to let you go, Minister. We are very grateful. We expect to be able to get the transcript of today's proceedings onto the Internet tomorrow in uncorrected form. This means there is sometimes an incentive for your officials to check what you said rather quicker than normally is the case, but, secondly, you have promised us a number of detailed responses on issues which you did not have the information at your fingertips on. It would be very helpful to have all of them by the end of next week, please. Some Members of the Committee thought I was a little unfair when I used my parallel about Dr Strangelove. I apologise for that. Perhaps A Clockwork Orange would have been better but, like Peter Sellers in almost my favourite film, you have worn a number of hats with great skill and we are very grateful to you. Thank you very much.