Rules firm for GM release

By KEVIN TAYLOR political reporter

Part of the framework that will allow the commercial release of genetically modified organisms was reported to Parliament yesterday.

The New Organisms and Other Matters Bill, reported back from the education and science committee, establishes regulations to allow the moratorium on the commercial release of GM organisms to expire on October 29.

Only the Green Party is set to oppose the bill in Parliament. National will vote for it but will put up amendments and New Zealand First is undecided, but wants the moratorium extended for foodstuffs.

The committee recommended by a majority that the bill be passed with no major changes.

It establishes fines for body corporates of up to $10 million or three times the value of any commercial gain, whichever is greater.

Individuals who break the rules can be fined up to $500,000.

The Greens' co-leader Jeanette Fitzsimons said the party agreed with the large majority of submitters who did not want GM organisms released.

The party was disappointed that the bill contained no liability provision in cases where GM organisms caused harm but the law had not been breached.

She said she was convinced by scientific evidence to the committee that GM organisms could be unstable and unpredictable, and that no modified foods had been tested on humans or long-term on animals.

National MP Paul Hutchison said the party would support the bill despite concern about the red tape it would generate.

The bill's fines would be a disincentive for businesses to invest in biotechnology, he said.

Dr Hutchison was also concerned that the legislation extended the Environment Minister's "call-in" powers to include cultural, ethical and spiritual issues.

Such powers allow a minister to override the process and impose his or her own decisions or conditions.

Waitakere Mayor Bob Harvey said the bill left councils exposed to the financial risks of GM organisms.

"Parliament must provide mechanisms for a council to exercise control over whether a GM organism should be released in its area, when this is the clear desire of local authorities."

Waitakere declared itself opposed to GM food trials in 2001.

Mr Harvey said local bodies might have to pay for damage to the environment caused by something they had no control over.

"It also denies local councils - and the businesses they work with - the right to market and brand themselves a refuge from GM releases."

But the Government MPs on the committee said councils did not have powers to regulate GM organisms.

The anti-GM Sustainability Council criticised the bill for leaving fundamental economic questions to the Environmental Risk Management Authority (Erma).

Executive director Simon Terry said that instead of recommending the growing of GM food be treated separately to other releases - and delayed at least until there was market acceptance - the committee left Erma to decide whether New Zealand gives up its GM-free status.

"The select committee review has not provided any response to the proposal that the growing of GM crops should be held back when the moratorium lifts," he said.

"The failure to treat the growing of GM food separately means that Erma will be asked to make important economic and marketing judgements when it is simply an environmental regulator."

The bill

* Makes the release of genetically modified organisms possible by establishing a regime to allow the Environmental Risk Management Authority to administer a new category of conditional release.

* Imposes stiff penalties on individuals and body corporates for breaches - $500,000 for individuals and $10 million for body corporates, or three times the value of any commercial gain, whichever is greater.

* The select committee considering the bill rejected submissions seeking that the GM moratorium be extended beyond October 29.