Trevor Sargent (Dublin North, Green Party)
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Question 3: To ask the Minister for Agriculture and Food her plans in relation to the opposition from most farmers, especially those in the horticultural sector, to an introduction of genetically modified seed, crops or animals to Ireland and of the genetically modified organism trial planned for a farm (details supplied) in County Meath; if her attention has been drawn to the unanimous vote by Meath County Council that the county be declared a GMO free zone; and if she will request within the EU the right of self-determination for a region or a country to be declared free of GM seed, crops or animals as the Austrian Government has demanded. [18993/06]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I am well aware of the degree of opposition by some members of the public to the cultivation and use of GM crops here and of concerns about those crops from both a health and an environmental perspective. It has been for these very reasons that the European Union has adopted a series of legislative measures in recent years that ensure the most stringent conditions are in place in the regulation and control of GM crops and their products within the European Community.

The Deputy will be aware that in the adoption of this GMO legislation protracted debates and readings took place before the texts were finally agreed by the European Parliament and Council of Ministers under the co-decision procedure. This legislation is binding on all member states and must be compatible with our international commitments. In this regard, we are awaiting the final report of the WTO disputes panel on the claims by the US, Argentina and Canada that the de facto moratorium on the approval of new GM products within the EU constituted an economic barrier to trade.

To take stock of the current situation on the cultivation of GM crops, the Austrian Presidency organised an informative conference in Vienna last month, which I attended along with officials from the Department of Agriculture and Food, the Environmental Protection Agency and the Food Safety Authority of Ireland. In addressing the conference, Commissioner Fischer Boel strongly restated EU policy as meaning that European farmers should be able to choose between conventional, organic and GM production. EU legislation facilitates this freedom of choice. However, enshrined in this freedom is the understanding that farmers who would like to continue with their current farming practices should be able to do so.

In recognising the diversity of farm patterns across Europe, the European Commission has placed the responsibility on each member state to draw up its own national strategy to ensure effective co-existence. Ireland, like the majority of member states, is in the process of deciding on what strategies should be employed if the farming community decides to commence the cultivation of GM crops in this country.

For the sake of clarity, I remind the House that the control and legislation of GMOs and GM products in Ireland cuts across three different Departments. The Minister for Health and Children, in conjunction with the Food Safety Authority of Ireland, deals with issues relating to GM foods. The Minister for the Environment, Heritage and Local Government is responsible, in conjunction with the EPA, for matters relating to the authorisation of new GM crops for their deliberate release into the environment. The EPA also deals with applications to carry out trials for GM crops in this country similar to the recent GM potato application made by BASF for a trial in County Meath, to which the EPA has given its approval.

The responsibility of the Department of Agriculture and Food relates to the growing of authorised GM crops alongside non-GM crops in a way that is harmonious to all crop production types and is in compliance with the legal obligations for labelling and purity criteria. This is generally referred to as GM co-existence. In 2003, we established an interdepartmental-interagency working group to identify the issues and implications for Ireland of the cultivation of GM crops and to develop proposals for a national strategy and best practices. The working group completed its work in December last and a public consultation process has just been completed. I am in the process of considering the observations received in conjunction with the recommendations made in the report and I hope to be in a position to bring forward some strategies and procedures to facilitate co-existence of GM and non-GM crops by the end of the year.

Additional information not given on the floor of the House

In addition, my Department has taken over responsibility for future applications for approval of GM feeds and will deal with the issue of threshold for GM seeds when agreed by the Council of Environment Ministers.

I am aware of the vote taken by Meath County Council to have that county declared as a GM-free zone but, as I have indicated to the House on previous occasions, EU legislation on the cultivation of GM crops, which was adopted by the European Parliament and the Council and which is binding on all member states, does not provide for the unilateral declaration of a GM-free country. There are, however, options available to restrict the growing of GM crops within regions of a country such as voluntary measures or in cases where, on the basis of sound scientific evidence, individual GM crops cannot be cultivated in certain areas of the country.

On the final issue raised by the Deputy regarding my intervention within the EU to seek the right of self-determination for a region or a country to be declared GM free, I am of the view that a considerable amount of work has been invested by both the European Parliament and the Council of Ministers over the past decade to have in place a suite of GM legislation which provides for one of the most effective and stringent GM authorisation procedures in the world. While it is prudent to review the operation of this legislation regularly, I do not believe that there are logical grounds at this time to initiate any radical changes to the regime.

Trevor Sargent (Dublin North, Green Party)
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I expected that answer from the Minister of State and I thank him for it. However, I have to ask whether he would be so sanguine about co-existence if we were discussing foot-and-mouth disease.

Mary Coughlan (Donegal South West, Fianna Fail)
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We are not talking about that.

Trevor Sargent (Dublin North, Green Party)
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I know we are not but if we were talking about co-existence in one area where there was foot-and-mouth disease and another area where we wanted to keep it out, I do not think the Minister of State would be so sanguine about the issue. I know the Minister of State's reply is probably as up to date as possible but I have a leak of information from the World Trade Organisation ruling which follows the complaint by the US, Canada and Argentina. It states that the World Trade Organisation has ruled that the EU has violated international rules. However, a Commission spokesperson with more integrity than some, said that Europe will continue to set its own rules on the import and sale of GMO foods. It is a matter of making a stand and not just going along with what seems to be the most powerful corporate interests that are not operating in the interests of Irish farmers. Neither do they operate in the interests of the EU's population, 79% of whom are consistently opposed to GM products. We depend on those people for our markets.

More than 3,400 local authorities throughout the EU, including Meath County Council, Clare County Council and Bray Town Council, have declared themselves as GMO-free areas. Does the Minister of State consider it important to stand with the democratically declared decisions of those local authorities and ensure that their rights to self-determination are protected? Will he also take on board the failure of co-existence? It is clear from a report in the Irish Examiner that co-existence is not working in Spain, for example. Two Spanish farming organisations tested 40 farms and found unwanted GM material on seven of them. In one case, the contamination was 12.6%. The Minister of State may consider that co-existence is the bee's knees but he will get a rude awakening when people come banging on his door saying he said it would work but it did not.

We should apply the rigours of scientific evidence to date. We should also apply the precautionary principle we were supposed to be signing up to in the EU and ensure we do not find ourselves closing the stable door when the horse has bolted. If we effectively become a GM country it will be serious in terms of our future status as a clean, green food island. The Minister of State should encourage farmers who have already taken the initiative of having GM-free farms.

Mary Coughlan (Donegal South West, Fianna Fail)
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Is this a question or a display of information?

Trevor Sargent (Dublin North, Green Party)
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I am asking whether the Minister will encourage farmers to put those GM-free notices on their farm gates so they will be able to ensure their wishes are upheld.

Mary Coughlan (Donegal South West, Fianna Fail)
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No bother.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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If we get a chance. I want to emphasise that we will continue to adopt our precautionary approach in this area. Decisions have not yet been made on co-existence. GM co-existence is the one area where subsidiarity is permitted within the GMO regulatory framework. Co-existence refers to the ability of farmers to make a practical choice between conventional, organic and GM crop production. EU legislation provides that all three types of agriculture are permitted within the EU.

Deputy Sargent referred to GM-free zones. Under EU legislation it is not possible unilaterally to declare a GM-free area. The only two possibilities are where there is a voluntary agreement among all growers in a region not to grow a GM crop or crops, or where the safeguard clause is enacted. That clause concerns a member state which has detailed grounds, on the basis of scientific evidence, that a GMO constitutes a risk to human health or the environment. In that case, the member state may provisionally restrict or prohibit the growing of that GM crop on its territory or in a region within its territory. The Commission must then be immediately informed and will decide within 60 days if the ban is scientifically based and will give its decision.

Following questions from Deputy Sargent on a previous occasion, I stated that our Department has been involved in a widespread consultative process. That consultation process has now been completed. Individuals and organisations were invited to put forward views, all of which will be considered, analysed and dealt with before co-existing measures are finalised.

Trevor Sargent (Dublin North, Green Party)
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As regards co-existence, I would argue that the Irish Sea is the only satisfactory buffer one can stand over scientifically when it comes to the pollen we are talking about.