My Lords, I thank the noble Lord, Lord Rooker, for raising an issue with Clause 17 because it gives me an opportunity to clarify its purpose and, I hope, to reassure him and other noble Lords that its intended application is limited. I am able to get passionate about certain subjects from time to time, and in future I will try to channel my inner Rooker when dealing with such matters because it is quite powerful when it happens.
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As the noble Lord observed, the Delegated Powers and Regulatory Reform Committee, on which he serves, also raised this clause in its report. I thank him and other members of the committee for their report. As I have already said, we will publish a full response in the usual way ahead of Report.
Part VI of the Environmental Protection Act 1990 already regulates the deliberate release of genetically modified and precision-bred organisms into the environment. It also contains provisions relevant to the use of genetically modified and precision-bred organisms in laboratories and other contained-use facilities.
The current regulatory regime on the use of GMOs and precision-bred organisms in contained-use facilities works well and we have no intention of changing it via the Bill. The focus of the Bill is to remove precision-bred plants and animals from requirements which currently apply to GMOs that are deliberately released into the environment and to use more proportionate regulatory measures in England.
Clause 17 provides powers that will enable us to replicate the requirements from Part VI of the Environmental Protection Act in relation to precision-bred organisms imported or acquired for use in contained facilities through regulations that would complement the Genetically Modified Organisms (Contained Use) Regulations 2014 and maintain the status quo.
As precision-bred plants and animals pose no greater risk than their traditionally bred counterparts, the requirements under the current contained-use regulations are appropriate. Our intention is that any regulations brought in under Clause 17 will be used only to maintain this situation, and therefore I submit that it is not necessary to amend this clause.
Additionally, I will respond to the noble Lord’s Amendments 65 and 66. I assure the Committee that any obligation created by the Bill and regulations to be made under it will be backed by proportionate enforcement measures. Indeed, throughout Part 4 of this Bill the enforcement policy is described in significant detail, which I trust your Lordships will agree is a reliable indication that the power in Clause 32(1) will indeed be exercised.
These clauses already contain mandatory provisions in relation to each type of enforcement power, including safeguards such as requirements to provide for review and appeal of any such enforcement decision. I trust that this provides your Lordships with the information and assurance they need as to what each sanction will entail.
Furthermore, regulations under these powers are subject to the affirmative procedure, providing Parliament with the opportunity to further scrutinise the enforcement regime. The Government therefore feel that the provisions on enforcement in the Bill strike an appropriate balance between the need for flexibility on the one hand and certainty and accountability on the other.
Amendment 47 would place a duty on the Secretary of State to appoint inspectors. The Government want to empower the inspectorate which currently enforces the regulatory regime for GMOs to inspect premises and collect evidence where inspectors have a reasonable suspicion that these requirements and restrictions have not been complied with. This is the GM Inspectorate, which is part of the Animal and Plant Health Agency, an executive agency of Defra.
If inspectors find evidence of non-compliance, our intention is that they will be able to make use of a range of appropriate enforcement powers. They will be able to issue compliance notices requiring the relevant persons to comply with the appropriate requirements within a specified period. Inspectors will also be able to issue stop notices—for instance, to prevent marketing —if they reasonably believe that a precision-bred plant is being, or is likely to be, marketed without the requisite confirmation, until such confirmation has been obtained. Inspectors will also be able to issue fines.
Experts in other subject matters may need to be present at some inspections—for example, vets where an inspection relates to animals. Therefore, inspectors can be accompanied by such experts when the inspectors consider that necessary. These experts might need to have certain formal qualifications—for example, a veterinary qualification.
The noble Baroness, Lady Wilcox, asked about the timing and I hope I can give her an indication. It is expected that the statutory instruments laying down the technical details for the regulatory framework for precision-bred plants, as well as the substantive provisions of the Bill so far as they relate to precision-bred plants, will be brought into force within the next couple of years, and we are aiming to do it by 2024. We will not be introducing changes to the regulation of precision-bred animals until the framework to safeguard animal welfare in the Bill is developed and in place.
I hope that provides the noble Lord with the information and assurance he needs to withdraw his amendment.