Green MEPs have announced that they will mount a legal challenge to the controversial biotechnological inventions directive which has been adopted by the European Parliament.
The directive, which was thrown out by MEPs in 1995, largely on ethical grounds, was accepted by a three-to-one majority yesterday. There were protests within and outside the parliament by the Green group, which alleged it was "a sell-out to multinational industry".
The Legal Protection of Biotechnological Inventions Directive allows the patenting of genetic material where a use or technological process is specified after the discovery of a particular gene sequence.
New plant varieties incorporating a technological process will be patentable, but the directive excludes patenting of the industrial or commercial use of human embryos.
Voting was interrupted by MEPs in favour of the directive, including Mr Mark Killilea (FF), who resented the "oppressive presence of lobbyists" campaigning against it at the door of the parliament.
Ms Nuala Ahern, of the Green group, said the directive was ambiguous on embryo use and the patenting of human gene sequences. It would increase health costs and stifle medical research.
It would facilitate "bio-piracy" in developing countries, she claimed, and "bio-prospecting" throughout the EU as multinationals took out patents on genetic material with sweeping catch-all claims about possible disease cures.
This would translate into higher costs for treatments, including gene therapy, although patients' groups are divided on its merits.
Some socialists supported Green amendments seeking improved ethical safeguards and animal welfare protection, but these were defeated as MEPs in favour of the directive accused the Greens of undermining the status of the house by wearing pirate hats and bringing banners into the chamber.
At a press conference afterwards, Ms Ahern said: "It contravenes the Bio-diversity Convention. It is inconsistent on patenting of human genes and goes against international treaties. We have been advised that we have grounds for a legal action in the European Court of Justice."
Mr Alan Gillis (FG) said ethical issues would by monitored by the European Ethics Group being set up by the European Commission, while the directive would protect farmer interests relating to seeds. "We also need to provide legal clarity to the biotechnology sector," he said.
His European People's Party grouping welcomed clarification that "the human body, at the various stages in its development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene could not constitute patentable inventions".
The decision was described as a "black day for Europe" by the environmental group, Voice. No individual or institution should be able to claim ownership "over species or varieties of living organisms", the group said in a statement. It said it was "appalled" that of Irish MEPs only the Green party members and Ms Bernie Malone voted against the directive.
