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"content": "Mr. Speaker, Sir, May I thank you for the opportunity to address some issues on this Bill. Yesterday, I was saying that this Bill could not have come at a better time in the history of this country because of the importance of the protection of biodiversity. There is clearly a need to institute adequate biosafety measures to protect our environment and the health of Kenyans. There are obvious benefits accruing from biodiversity research, which must be harnessed to improve the livelihoods of Kenyans. In harnessing and maximising the benefits of such scientific research, there is need to mitigate the potential risks to human health, the environment and everything on earth. Mr. Speaker, Sir, yesterday I said that this Government ratified a protocol which means that it is legally bound by the provisions of the treaty. The Bill must address the level of protection in terms of safe transfer, handling and the use of genetically modified organisms. Living modified organisms resulting from this biotechnology research can be very dangerous as evidenced in some parts of the world, when such living organisms were used in the acts of war. Here I am referring to biological warfare. Such organisms, without proper and adequate legal framework, could be dangerous to our country. We should not rule out such advanced effects and the potential effects to conservation and to the sustainable use of the biodiversity. It is necessary for this Parliament to ensure that we have some regulations. The question of the importation and exportation of these organisms is also important. Therefore, trans-boundary movements must be addressed to prevent the risk to human health and the environment and also to maintain our biodiversity. Mr. Speaker, Sir, this country relies mainly on agriculture as the mainstay of the economy. We suffer from drought, floods and all kinds of extreme weather and, worst of all, about 60 per cent of this country is not arable. We also suffer from food insecurity. The vast majority of Kenyans are poor and are hungry most of the time. For Kenya to be self sustaining in food production, it is now necessary and incumbent upon the Government and our people to ensure that we apply all the benefits that accrue from scientific research to ensure that we can produce enough food for our people. These modern methods of agricultural production must be regulated. We cannot allow our people to go hungry when other countries have foods which result from genetic research. As we talk now - this is why we must address this law properly - there are genetically modified organic foods in our stores. We import food from South Africa and other countries. As much as most Kenyans prefer imported foods, the dangers lying therein are not very clear. Therefore, I want to support this Bill wholeheartedly, to make sure that we put our best foot forward in terms of giving our scientists and those competent Kenyans an opportunity to regulate these foods and make sure that Kenyans are protected from the potential harmful effects of such foods. Mr. Speaker, Sir, we know for certain that currently we have the National Council of Science and Technology, which addresses many other issues amongst the issue of biosafety. This council cannot handle all the matters therein. The Bill addresses this issue squarely by making sure that a specific authority is established to ensure that these issues are looked at by competent people. Page 2052 of the Bill, particularly Part 2, deals with the establishing powers and the functions of the Authority, which will be known as the National Biosafety Authority. I would like to support that. It is important that this kind of Authority be installed to ensure that our people are protected. This Bill is going to create an Authority which will be managed by a Board. I would take great exception to the fact that although the Bill names 15 or so members of the Board, most of whom will have relevant technical knowledge and direction in this matters and that the Minister is going to be empowered to appoint five competent persons, we still have a Permanent Secretary in October 3, 2007 PARLIAMENTARY DEBATES 4311 the Ministry of Science and Technology and a Permanent Secretary in the Ministry of Finance. We know very many Boards where the Permanent Secretary, Ministry of Finance is represented. The Permanent Secretary, Ministry of Finance is a Member in countless Boards and it is not possible for him, personally, to attend the meetings in those Boards. Mr. Speaker, Sir, most often, you will find that he seconds someone else. Having worked in a parastatal, I know that they do not always second one person. So, the question of continuity is not there. I am on record for having recommended in this House that anybody to be appointed to be a member of a Board must be appointed by name, unless his position specifically demands that he must be in that Board. For example, the Director of the Kenya Bureau of Standards (KBS), the Director of the National Environment Management Authority (NEMA), the Director of Veterinary Services and Director of the Kenya Plant Health Inspectorate Services. But Permanent Secretaries are people who do many other things. I urge that the Minister considers naming another officer other than the Permanent Secretary to ensure that there is continuity in terms of institutional memory. Mr. Speaker, Sir, the objects in Clause 7 are very clear. It says that:- \"The authority is subject to exercise general supervision and control over the transfer, handling and use of Genetically Modified Organisms (GMOs) with a view to ensuring safety of human health and provision of adequate level of protection of the environment\". Those ideals are noble and I support them. In particular, I am concerned with Subclause 72(f); the promotion of awareness and education among the general public in terms of matters relating to biosafety. This solely lacks in Kenya. It is necessary that some of these things should be addressed in the school curricula. I would not like to see many Kenyans living in ignorant bliss because of lack of information as it happens in other places. We need to put our education forward and we must make sure that some of these issues come to the fore at the early stages in our education system so that people are aware. More often, when you make a law, it is very difficult to police such laws. We do not have enough policemen and competent officers to follow up. But if people are aware of the dangers and the potential benefits, they will take due care and that is very necessary. Mr. Speaker, Sir, the powers of the Board, as addressed by the Minister in the Bill are okay with me and I would only like to say that in Clause 14, when the Board is given powers to appoint officers and other staff of the Authority for the proper and efficient discharge of the functions of the Authority under the Act, I do hope that they will exercise the question of competence and meritocracy. More often than not, you find that some people given some jobs are not competent. This is a very serious and delicate matter. It requires scientific knowledge. It also requires knowledge of a specialised nature and I do hope that when the Board is given those powers, then they will appoint the right people. Mr. Speaker, Sir, part III deals with procedures for application or approval and assessment. It is amazing that we have had some of those GMOs in our country without any legal framework or procedure for application of importing such foods or how to handle them. As we go on, there are many foreign countries carrying out research on biodiversity in Kenya on this issue. In fact, there is no control. So, it is necessary that we support this Bill because it will be put in operation a system where there will be applications and approvals by a competent authority. Mr. Speaker, Sir, even the question of importation is very important. I do not know of countries in this world where you can go with a living plant or even uncooked food. You may never import any plant there. They do that because they want to protect their biodiversity, their environment and their people because they do not know what may come with the plant. But in Kenya we are still open and we know people who bring flowers in. I know a story about the water hyacinth. Hyacinth was imported in Kenya by an American who was trying to use it as an 4312 PARLIAMENTARY DEBATES October 3, 2007 ornamental plant in the lake region. The end result now, 50 years later, is that we are suffering a disastrous loss because of the hyacinth. Boats have stuck in the lake with human life at risk. Fish has also disappeared and the lake is like some sort of a carpet. Even other inland water bodies have been affected. It is necessary to make sure that we regulate the importation of any product of living organisms in this country. Mr. Speaker, Sir, Clause 23 deals with exports. Again, this is very necessary. I would like to ask the Minister to consider Clause 25 which talks about confidential information. What kind of confidential information could apply to GMOs unless it is something that is very dangerous to this country and potentially dangerous to the health of Kenyans? I would want him to consider that because there is absolutely no need for anybody who wants to import or export any GMOs into this country to have confidentiality. These things need to be in the public domain. I hope that the Minister will concur with me. There are many other issues raised in the Bill, including review and appeals which, in my opinion, are important. Clause 24, is with regard to the question of offence of withholding information. I would like to draw the Minister's attention to the fact that the fine not exceeding Kshs2 million or imprisonment for a term not exceeding 10 years or both is lenient because of the potential disastrous consequences of such an offence. In law, they say that the punishment ought to fit the offence or the crime. This matter is so heavy that the fine should be so high and the punishment prescribed under the law should also be high as to discourage anybody from trying to flout the law absolutely. With those few remarks, I want to congratulate the Minister for bringing this Bill to the Floor of the House. I beg to support."
}