I propose to take Questions Nos. 33, 274, 275 and 276 together.
With regard to the release of genetically modified organisms to the environment, I am committed to a precautionary approach and to the provision of full information to the public. In my reply to Parliamentary Questions Nos. 314, 315 and 316 of 12 November 1997, I indicated that I have asked my Department to prepare a national policy position on the deliberate release of GMOs. The preparation of the policy position will include widespread consultation with the public and the biotechnology industry.
While a moratorium on all activity related to the particular areas of genetic engineering covered by Community Directive 90/220/EEC on the deliberate release of GMOs would not be consistent with Community legislation, I will be keeping an open mind on future policy pending the completion of the national position next year. I will also be pursuing all possible options to strengthen environmental and public health protection in the expected amendment of this directive.
Existing procedures and controls with regard to the deliberate release of GMOs, derived from Directive 90/220/EEC, are transposed, as appropriate, into national law under the 1994 genetically modified organisms regulations. The directive and the regulations lay down stringent notification and consent requirements for the purpose of protecting human health and the environment and apply to releases both for scientific field trial purposes and for the placing on the EU market of products containing or consisting of GMOs.
For the purposes of the regulations, the Environmental Protection Agency is the national competent authority. Any person seeking to deliberately release a GMO for the purposes of a scientific field trial must have the written consent of the EPA and must comply with any conditions attached to that consent. Any person seeking to place a product containing or consisting of GMOs on the EU market must have the written consent of a competent authority of an EU member state and comply with any conditions attached to the consent.
The EPA has power under the Environmental Protection Agency Act, 1992, and the GMO regulations to prosecute offences to which substantial penalties under the Act apply. The agency is also empowered to make an application to the High Court for an order prohibiting or restricting any process or action involving a GMO where the court is satisfied that the continuance would constitute a contravention of the regulations or pose a real or substantial danger to human health or the environment.