House of Lords Amendments - Genetically Modified Crops Bill [H.L]

House of Lords

Session 1998-99
Publications on the internet
Other Bills before Parliament
Amendments to the Genetically Modified Crops Bill [H.L]

Genetically Modified Crops Bill [H.L] -
Amendments to be debated in the House of Lords
Here you can browse the Revised Marshalled List of Amendments to the Genetically Modified Crops Bill [H.L] to be moved in Committee in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 1

BY THE BARONESS MILLER OF HENDON

A1*      Page 1, line 16, at end insert (", such research being subject to subsection (8G),")

BY THE EARL OF CAITHNESS

1      Page 1, line 16, at end insert ("and has undertaken consultations on the research with such expert bodies as are concerned with the preservation of the natural environment that he considers appropriate")

2      Page 1, line 16, at end insert--
("(  )  he has consulted representatives of the farming industry, including organic farmers,")

BY THE LORD KIMBALL

3      Page 1, line 22, at end insert ("; and
(e)  after 31st December 2001 in respect of herbicide tolerant crops.")

4      Page 1, line 22, at end insert (", and
(f)  after 31st December 2003 in respect of insect tolerant crops.")

BY THE BARONESS MILLER OF HENDON

4A*      Page 1, line 22, at end insert--

    ("However, the Secretary of State shall under no circumstances grant consent for the commercial release of genetically modified organisms containing genes for antibiotic resistance present in the organism as the direct result of genetic modification or as a by-product of it.")

5      Page 1, line 22, at end insert--

    ("(8B) Any consent granted by the Secretary of State pursuant to subsection (8A) during the first twenty years after the first release of a genetically modified organism shall not extend for more than three years but may be extended by up to the same period from time to time.

    (8C) For the purposes of this section, an organism which is materially different from one already released shall be deemed to be one requiring consent under subsection (8A) and the consent required under subsection (8B) shall be time limited and require renewal as provided in that subsection.

    (8D) Any consent granted by the Secretary of State pursuant to subsection (8A) may be revoked at any time without notice during the first twenty years after the first release of a genetically modified organism.

    (8E) If any consent is revoked as aforesaid, the Secretary of State may also order the destruction of any growing organisms and the sterilisation of the soil in which they were growing in whatever way he deems appropriate.

    (8F) No compensation shall be payable as a consequence of the revocation of a consent or an order for sterilisation.")

6      Page 1, line 22, at end insert--

    ("(  ) The Secretary of State shall, after the granting of any consent pursuant to subsection (8A), ensure that there is for the first twenty years after the first release of a genetically modified organism, monitoring of the area in which such crops are planted, at frequent and adequate intervals by his Department or by a Government Agency designated by him for that purpose, in either case in co-operation with such expert bodies as are concerned with the preservation of animals, birds, flora, insects and the natural environment that he considers appropriate.")

6A*      Page 1, line 22, at end insert--

    ("(8G)  The Secretary of State shall not authorise the release of genetically modified organisms for the research purposes cited in subsection (8A) until--
(a)  he has stipulated minimum requirements for each research programme, which shall include criteria by which it can be judged to have been completed,

(b)  he has stipulated an expiry date for each authorisation, after which he may either extend the expiry date or order the termination of the research programme, with only a completed research programme providing grounds, for a decision to authorise commercial release,

(c)  a survey has been conducted over the area in which the genetically modified organisms are to be released, in order to gather ecological baseline data that pertain to the site prior to release,

(d)  he has stipulated a schedule for the full disclosure of the results of the research to each House of Parliament and before such members of the public that have an interest,

(e)  he has stipulated conditions for the disposal of crop material that may be produced during the research programme, such conditions specifically excluding the sale of the crop material, its consumption by humans, its use as an animal feedstuff or its use in any production and manufacturing process unless and until the research programme results in an authorisation for commercial release,

(f)  he has stipulated other procedures for the termination of a research programme, and

(g)  he has laid before both Houses of Parliament a report setting out the stipulations he is required to make under this subsection.")

6B*      Page 1, line 22, at end insert--

    ("(8B)  Any research into environmental impact required by the provisions of subsection (8A) shall encompass the below ground soil environment of the sites under investigation.")

BY THE EARL OF CAITHNESS

7      Page 1, line 22, at end insert--

    ("(8B)  It shall not be a defence to any claim for compensation or damages by the owner of any land which may have been affected by any genetically modified organism which is a plant or seed that the planting or cultivation of any crop shall have been consented to by the Secretary of State pursuant to this Act.")

BY THE BARONESS MILLER OF HENDON

8*      Page 1, line 25, at end insert--

    ("(6)  In section 113 of that Act (fees and charges), after subsection (3) insert--
    (3A)  All costs incurred by the Secretary of State in implementing the provisions of section 111(8A) above shall be offset by means of a fee, payable by the licensee, for the granting of licenses for the commercial release of genetically modified crops, which shall include fees for such research programmes as are required for the application for commercial release authorisations."")

After Clause 1

BY THE BARONESS MILLER OF HENDON

9*      Insert the following new Clause--

    ("  .  After section 115 of that Act, insert--

Map-based register.      .--(1)  Such bodies as are deemed appropriate by the Secretary of State shall be responsible for the keeping of a detailed map-based register of all land on which genetically modified crops are known to be present. Map-based register.

    (2)  The register shall include land on which genetically modified crops are known to have been present at some point in the past or are likely to be present at some point in the future.

    (3)  The requirement for inclusion of land on the register shall apply irrespectively of the circumstances in which the genetically modified organisms were released, that is whether legally or illegally, deliberately or accidentally.

    (4)  The register maintained under this section shall also include instances of contamination by genetically modified DNA and other genetically modified material."")

© Parliamentary copyright 1999
Prepared 9 July 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 1
	BY THE BARONESS MILLER OF HENDON
A1*	Page 1, line 16, at end insert (", such research being subject to subsection (8G),")
	BY THE EARL OF CAITHNESS
1	Page 1, line 16, at end insert ("and has undertaken consultations on the research with such expert bodies as are concerned with the preservation of the natural environment that he considers appropriate")
2	Page 1, line 16, at end insert-- ("( ) he has consulted representatives of the farming industry, including organic farmers,")
	BY THE LORD KIMBALL
3	Page 1, line 22, at end insert ("; and (e) after 31st December 2001 in respect of herbicide tolerant crops.")
4	Page 1, line 22, at end insert (", and (f) after 31st December 2003 in respect of insect tolerant crops.")
	BY THE BARONESS MILLER OF HENDON
4A*	Page 1, line 22, at end insert-- ("However, the Secretary of State shall under no circumstances grant consent for the commercial release of genetically modified organisms containing genes for antibiotic resistance present in the organism as the direct result of genetic modification or as a by-product of it.")
5	Page 1, line 22, at end insert-- ("(8B) Any consent granted by the Secretary of State pursuant to subsection (8A) during the first twenty years after the first release of a genetically modified organism shall not extend for more than three years but may be extended by up to the same period from time to time. (8C) For the purposes of this section, an organism which is materially different from one already released shall be deemed to be one requiring consent under subsection (8A) and the consent required under subsection (8B) shall be time limited and require renewal as provided in that subsection. (8D) Any consent granted by the Secretary of State pursuant to subsection (8A) may be revoked at any time without notice during the first twenty years after the first release of a genetically modified organism. (8E) If any consent is revoked as aforesaid, the Secretary of State may also order the destruction of any growing organisms and the sterilisation of the soil in which they were growing in whatever way he deems appropriate. (8F) No compensation shall be payable as a consequence of the revocation of a consent or an order for sterilisation.")
6	Page 1, line 22, at end insert-- ("( ) The Secretary of State shall, after the granting of any consent pursuant to subsection (8A), ensure that there is for the first twenty years after the first release of a genetically modified organism, monitoring of the area in which such crops are planted, at frequent and adequate intervals by his Department or by a Government Agency designated by him for that purpose, in either case in co-operation with such expert bodies as are concerned with the preservation of animals, birds, flora, insects and the natural environment that he considers appropriate.")
6A*	Page 1, line 22, at end insert-- ("(8G) The Secretary of State shall not authorise the release of genetically modified organisms for the research purposes cited in subsection (8A) until-- (a) he has stipulated minimum requirements for each research programme, which shall include criteria by which it can be judged to have been completed, (b) he has stipulated an expiry date for each authorisation, after which he may either extend the expiry date or order the termination of the research programme, with only a completed research programme providing grounds, for a decision to authorise commercial release, (c) a survey has been conducted over the area in which the genetically modified organisms are to be released, in order to gather ecological baseline data that pertain to the site prior to release, (d) he has stipulated a schedule for the full disclosure of the results of the research to each House of Parliament and before such members of the public that have an interest, (e) he has stipulated conditions for the disposal of crop material that may be produced during the research programme, such conditions specifically excluding the sale of the crop material, its consumption by humans, its use as an animal feedstuff or its use in any production and manufacturing process unless and until the research programme results in an authorisation for commercial release, (f) he has stipulated other procedures for the termination of a research programme, and (g) he has laid before both Houses of Parliament a report setting out the stipulations he is required to make under this subsection.")
6B*	Page 1, line 22, at end insert-- ("(8B) Any research into environmental impact required by the provisions of subsection (8A) shall encompass the below ground soil environment of the sites under investigation.")
	BY THE EARL OF CAITHNESS
7	Page 1, line 22, at end insert-- ("(8B) It shall not be a defence to any claim for compensation or damages by the owner of any land which may have been affected by any genetically modified organism which is a plant or seed that the planting or cultivation of any crop shall have been consented to by the Secretary of State pursuant to this Act.")
	BY THE BARONESS MILLER OF HENDON
8*	Page 1, line 25, at end insert-- ("(6) In section 113 of that Act (fees and charges), after subsection (3) insert-- (3A) All costs incurred by the Secretary of State in implementing the provisions of section 111(8A) above shall be offset by means of a fee, payable by the licensee, for the granting of licenses for the commercial release of genetically modified crops, which shall include fees for such research programmes as are required for the application for commercial release authorisations."")
	After Clause 1
	BY THE BARONESS MILLER OF HENDON
9*	Insert the following new Clause-- (" . After section 115 of that Act, insert--
	Map-based register.	.--(1) Such bodies as are deemed appropriate by the Secretary of State shall be responsible for the keeping of a detailed map-based register of all land on which genetically modified crops are known to be present.	Map-based register.
	(2) The register shall include land on which genetically modified crops are known to have been present at some point in the past or are likely to be present at some point in the future. (3) The requirement for inclusion of land on the register shall apply irrespectively of the circumstances in which the genetically modified organisms were released, that is whether legally or illegally, deliberately or accidentally. (4) The register maintained under this section shall also include instances of contamination by genetically modified DNA and other genetically modified material."")