Fear of GE rebellion produces treaty assurances

By AUDREY YOUNG

Labour's Maori MPs, after walking out of caucus yesterday, nailed down an agreement that Treaty of Waitangi clauses in genetic modification legislation will be strengthened.

Fear of a revolt by the Maori MPs ensured they won a Government commitment to the deal, caucus sources said.

Some disagreement had occurred in the caucus and in cabinet on whether to accept the recommendation of the royal commission on GM that the treaty clause in existing law be strengthened.

The concerns followed a furore last year over treaty clauses in health legislation which led to Labour's popularity diving.

Yesterday's caucus debate was conducted in an atmosphere of respect, the sources said.

But raised voices could be heard from outside the caucus room shortly before the Maori MPs took their leave for about half an hour.

By the time they returned, the caucus had agreed to strengthen the clause.

Legislation will strengthen the treaty clause in the present law that sets out the rules for GM consents, the Hazardous Substances and New Organisms Act 1996.

At present the Crown's overseer on GM issues, the Environmental Risk Management Authority (Erma), must simply "take into account" the principles of the treaty.

Now it will have to "give effect" to the treaty.

The royal commission argued that it did not see why "such fundamental concepts need to be half-hearted or ambiguous".

Exactly what that means in terms of Erma processes or decisions remains to be seen.

It is also thought that the treaty clause will be applied to other sub-committees set up under the legislation, including a bioethics council.

The Maori caucus issued a statement yesterday calling the interference in life-forms "disrespectful and another form of cultural arrogance".

"For us cultural integrity is paramount. We discussed these issues fully within the Labour caucus and while we agree that different cultures have different views on this issues, we cannot compromise these values."

But they have been forced to agree to disagree because they will have nothing to vote against when measures are introduced to Parliament.

As well as strengthening the treaty clauses, the legislation will also establish Toi te Taiao, a bioethics council to advise on ethical, spiritual and cultural matters.

And it will ban commercial release of GM products for two years and tighten field trial conditions.

Maori Affairs Minister Parekura Horomia said he was very happy with the outcome "because it's a great compromise".

But an outstanding question is what leeway outspoken minister Tariana Turia will be given to express her dissenting views, given she is constrained by the principle of cabinet collective responsibility.

Prime Minister Helen Clark has suggested she may be given a little latitude to express what she calls the Maori world view. "Of course cabinet collective responsibility applies but people are entitled to their personal views and their world views."

Mrs Turia would not comment.

Labour's Maori caucus consisted of Mr Horomia, Mrs Turia, Dover Samuels, Joe Hawke, John Tamihere, Nanaia Mahuta, Mita Ririnui and Mahara Okeroa.

Georgina Beyer, who is usually a member, supported the Government's position.

Full text of the Prime Minister's statement on GE

nzherald.co.nz/ge

Report of the Royal Commission on Genetic Modification

GE lessons from Britain

GE links

GE glossary