[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Legal Challenge to Monsanto in Ireland



Please forward this message to any others who may be interested, or who
may be able to help us with this landmark case.


----------------------------------------
Legal Challenge to Monsanto in Ireland
----------------------------------------

The Case So Far… 

On May 1st, 1997 the Irish Environmental Protection Agency (EPA) granted
Monsanto the first licence in Ireland for a deliberate release of
genetically modified organisms - in this case Round-Up Ready sugar beet.
Monsanto had applied for the license to test-plant in three locations,
but had later narrowed their application to one site at a research
centre on government owned land in Carlow.

Clare Watson, a founder member of Genetic Concern! immediately sought a
High Court Judicial Review of the EPA’s decision to grant a license. An
interim injunction prevented the planting from going ahead, and leave to
seek a Judicial Review was granted.

The injunction was later overturned, and although the planting has gone
ahead, the Judicial Review Hearing will be held in December. If the
Court finds that the licences were improperly granted, Monsanto will
have abandon the 4 year test. We have recently received a list of
discovery documents from the EPA.

We need Help!! 

We need help with compiling evidence. 

Ideally we need to gather evidence from eminent scientists who can help,
particularly with results of research in this area. Other evidence may
also be useful - especially any relevant reports that are clearly
referenced and published in reputable journals..

We also need assistance with funding. There are considerable expenses
associated with taking a case to the High Court, and even more if we end
up in the Supreme Court. If you are able to help us in this area, you
will find a form for VISA donations at the end of this mail, we will
gratefully accept donations in any format that can be converted, but
oddly enough, credit cards are a fairly cost-effective way of doing
foreign exchange transactions.

------------------------
Importance of this case.
------------------------
Monsanto’s own affidavits state that "If it becomes apparent that
approvals have been suspended by the courts in Ireland, this may affect
the approach adopted by regulatory authorities in other Member States…..
Thus, there is a risk that, if the injunction is maintained in force,
there might be a snowball effect throughout Europe with serious
consequences for Monsanto in terms of the loss of advantage of the
patent life". 

Let us hope this is true. 

The legal challenge is very important for Ireland. The Monsanto test is
the first deliberate release of genetically engineered seeds in this
country. The outcome of the case will therefore have a strong bearing on
how future test applications are dealt with.

Media coverage is helping to ensure that our concerns are aired publicly
- thereby providing another angle from which to inform, educate - and to
mobilise people. The case is also attracting a lot of international
attention, and we are aware that our progress is helping to inspire
others in their efforts to stop the spread of GMOs. 

But we cannot do this alone. We need your help.

-------------------------
The Basis of the Case.
-------------------------

There are a number of grounds for taking the case - some of these are
technicalities associated with procedures, and some are scientifically
based on safety and ecology. At the injunction stage, Mr. Justice
O’Sullivan said there was a substantial case to be heard by the court,
but refused to grant the injunction as there was insufficient evidence
that Clare Watson would suffer damage arising from the proposed release,
whereas Monsanto Plc. would suffer damage. This was an interim decision
until the hearing of the action. 

What is the "substantial case" that is to be heard?

The 1994 Genetically Modified Organisms Regulations in Ireland say that
before granting a license the EPA must be satisfied that there can be
*NO RISK* to human health or the environment arising from such a
release. 

In the light of such clear regulations, we plan to examine any possible
risks:

1)  Potential damage to soil micro-organisms. It is not clear what (if 
any) environmental impact studies were carried out in other sites where
sugar beet has been test-planted. In the documentation presented to
date, we have seen no evidence of an impact study that involved soil
analysis.
 
2)  There has been much talk of horizontal gene flow, but does anybody
know of clear evidence that this can and does take place? What potential
hazards are there that should be tested before genetically engineered
seeds are planted outdoors.
 
3)  Potential danger to human health arising from eating rabbits or
other wildlife which has grazed on genetically modified organisms which
have not yet been tested for consumption.
 
4)  Gene spill caused by sugar beet plants bolting and producing pollen.
The trials take place in a 1 acre plot within a 50 acre field of
conventional sugar beet, and although there are fortnightly checks for
bolting plants within the 1 acre site, we have received evidence on
affidavit that sugar beet *CAN* bolt and produce pollen in less than two
weeks, further evidence of this may be of use.
 
5)  Gene spill caused by birds, rodents or animals removing seeds from
the site either ingested or on their feet etc. (Darwin sites beet as a
seed that migrated by being carried in the stomach of animals).
 
6)  Potential risks to animals feeding on the sugar beet (or animals
feeding on those animals etc. as may happen with rabbits being shot and
consumed).
 
7)  One Monsanto affidavit is critical of the cocktail of different
herbicides in use, compared to the benefits of spraying with a single
herbicide. Evidence that there are adverse effects to using one
herbicide and/or evidence of the potential development of immunity to
glyphosate would be useful.
 
8)  Roundup Bioactive is claimed to have a new surfactant with "an
excellent safety profile in terms of operator safety and absence of
toxicity to aquatic organisms". Declaration of ingredients is not
mandatory in Ireland. Does anybody have fuller information on this new
surfactant?
 
9)  There are all the usual claims that glyphosate is biodegradable,
bound to soil particles, metabolised by soil micro-organisms and benign
etc. There are various unreferenced claims to the contrary on the net,
but does anybody have any clear referenced research with clear examples
of glyphosate in ground water or glyphosate appearing on subsequent
crops? Their affidavits claim no residual activity.

----------------------------------------------------------------------------
So, that is it. If you can help us, please do. If you have any useful
evidence that would stand up in court, now is the time to do something
useful with it. If you don’t have any evidence, but can spare some funds
to help us do this work, please fill out the following donation slip and
mail it or e-mail us.

T-Shirts 	IR£ 10.00
Car Stickers 	IR£ 1.00

Lastly, please visit our site at 
http://www.geocities.com/rainforest/vines/2767/
which will be updated with the latest information on the case. We would
really appreciate messages of support.

Name _____________________________

Address ____________________________

e-mail

Would you like to be kept on our mailing list?

Donation offered ____________________ (not mandatory for e-mail
circulation, we do need financial assistance for mailing information to
you)

If using VISA / MASTER, please make donations in Irish Pounds. At
present, one Irish Pound is worth roughly 1.5 US$, 90p Sterling, 9.11
French Francs, 2 Canadian or Australian dollars.


--------------------------------------------------------------------
Our new address is Genetic Concern!, Room 13a, Dame House, 24-26 Dame
Street, Dublin 2. 
Phone: + 353-1-670 5606 
Fax: +353-1-670 5561

Our Bank Account is A/C No. 0968 7062, Ulster Bank, College Green,
Dublin 2 Sort Code 98-50-10