Risk to SA Farmers from multinational GM companies

	Extract from Hansard Legislative Council 31 October 2001

Ian Gilfillan Australian Democrats Member of the Legislative Council		Parliament Index 2001 Spring Sitting Index Browse by Subject Search all Democrats material About the SA Parliament Hansard on line
		GMO News

The Hon. IAN GILFILLAN: I seek leave to make a brief explanation before asking the Treasurer, representing the Premier, as Minister for Primary Industries, a question about genetically modified crops.

The Hon. IAN GILFILLAN: A couple of weeks ago, on 12 October, a fascinating story was run on the ABC's SA Country Hour about a highly concerning court case taking place in Canada. The case, which is being heard in Saskatchewan, involves agrochemical giant Monsanto and neighbouring farms. The saga began when an elderly Saskatchewan farmer, Mr Percy Schmeiser, now in his 70s, was charged for having Monsanto's canola seed, Roundup Ready, without licence.

A tip-off given to Monsanto led to private investigators taking samples, and Monsanto's patented gene was found. Subsequently, Mr Schmeiser was charged with this unlicensed use of Monsanto's genetics. The farmer argued seed must have blown onto his property. The judge said it did not matter how the seed got there and he found in favour of Monsanto. Percy Schmeiser was fined $Can20 000, and all his seed, including the non-genetically modified variety, was confiscated. According to an Australian expert on agricultural law, Dr Brad Sherman from the Centre for Intellectual Property in Agriculture, there is every potential for this to happen here. Sherman gave another example, saying that if a bull jumped over a fence and impregnated a neighbour's cow, and the farmer sold the off-spring of that relationship, the farmer would be potentially liable for patent infringement under the current law. In the ABC interview, he suggested Australian law be amended to protect farmers in these cases so that they can argue that the infringement was unintentional and that they gained no benefit from it.

I also note an open letter to the New Zealand government from the Kiwi organisation Physicians and Scientists for Responsible Genetics. Following the recently released royal commission on genetic modification in New Zealand, these experts are suggesting that thorough scientific research must be undertaken and I quote:

It is impossible to guarantee containment of pollen from GM plants in field trials. We have serious concerns about the possible environmental impact of genetically modified crops on New Zealand soils and ecosystems.

Following this consideration, they go on to say that the moratorium on the release of GMOs into the environment, commercially and in open field trials should be extended until research is conducted. It is important to recognise that Canada is considering the potential to sue the Monsantos and the agribusinesses for contaminating the non-GM product. My questions to the Premier, through the Treasurer, are:

1. Does the Premier agree that there is the potential for this type of legal action to occur in Australia?

3. If so, what does the Premier intend to do to protect the interests of South Australian farmers?

The Hon. R.I. LUCAS (Treasurer): I will refer the honourable member's question to the Premier and bring back a reply.