Sub Groups

ENVIRONMENTAL LIABILITY DEVELOPMENTAL GROUP

Note of Preliminary Meeting
29 November 2000-12-20 2.00pm
Simmons and Simmons, 21 Wilson St LONDON ECM2 2EX

THESE MINUTES RECORD THE DEVELOPMENTAL GROUPS' PRELIMINARY DISCUSSIONS NOT THE VIEWS OF THE FULL AEBC

1. Present
Matthew Freeman
John Gilliland
Justine Thornton (convenor)
Judith Harris (secretariat).

2. There were no apologies for absence - all the group as then constituted were present*.

3. The group agreed that liability was an important issue which the AEBC should tackle. This view was supported by comments in some of the responses to the Work Plan consultation.

4. Moves to sue farmers in the USA over genetically modified corn found in taco shells suggested that it might not be long before someone tried to bring a similar case in the UK.

5. There were also moves to establish a European regime for environmental liability. Consideration would have to be given to the need for specific provision in respect of liability for damage caused by genetically modified organisms.

6. The group should meet with relevant providers to discuss current policy on insurance claims relating to genetically modified organisms. These might be either specific (eg a neighbouring farmer claiming 'contamination') or general (eg a claim relating to environmental damage). They should also be asked about plans to revise policies to take account of forthcoming changes in EU law ( ie the product liability Directive). Action : John Gilliland to provide name(s) of contacts; Judith Harris to draft, clear and send invitation letter; Judith Harris to obtain information on the product liability Directive.

7. The group also needed to inform itself on the debate in Europe and WTO. A visit to Brussels to discuss with the Commission and European Parliament (representatives from the legal and environmental committees) should be set up. Action Judith Harris to take forward with UK Representation in Brussels; John Gilliland to explore informally via NFU contacts.

8. Some form of 'facilitation' session with an academic/ lawyer /philosopher would also be useful. Action Justine Thornton to contact Michael Banner for suggestions as to names.

9. Information should also be obtained on the position in other countries such as Germany, France, Netherlands and USA. An internet search was probably the best way to obtain this. Action Judith Harris to organise internet search.

10. Information should also be obtained on existing and proposed compensation funds as this route might, in the event, prove more practicable than a liability regime per se. Action Judith Harris to follow up with DETR.

11. It was important not to take just a legal view of what needed to be done but also to ensure public ownership of any regime. Some form of consultative exercise possibly using the People's Panel would be needed in order to ensure that a wide range of opinion was available to the Commission.

12. Future meetings :

January at Simmons & Simmons - with the 'facilitator' (see para 7);

visit to Brussels in February.

AEBC secretariat
December 2000

* Derek Langslow has since joined the group