A TEMPORARY injunction to stop the planting of genetically engineered sugar beet in Oak Park. Carl ow, was granted by the High Court yesterday.
Ms Clare Watson, Foster Avenue, Mount Merrion, Dublin, was also granted leave to seek a judicial review of a decision of the Environmental Protection Agency allowing the trials of the sugar beet for three years on a 1,500 square yard site.
Ms Watson who is a member of an association called Genetic Concern, Kylemore Industrial Estate, Dublin, was granted the injunction against Monsanto Plc, Lane Road, High Wycombe, Buckinghamshire.
The company manufactured a weed killer called RoundUp. It is alleged the sugar beet would be doctored with genes from a bacteria, a virus and a flower rendering it immune to the weed killer.
Mr John Rogers SC, for Ms Watson, said the planting was imminent. As soon as the seeds were planted, the situation became irretrievable, If the planting proceeded, the genetically modified organisms would be released into the environment.
They would say the EPA decision was wrong in that before deciding, it failed to satisfy itself that there would be no adverse affects on human health and the environment.
Mr Justice Moriarty, in his judgment, said Ms Watson felt that her health and that of other citizens, along with other environmental matters, would be jeopardised if the project proceeded.
Mr Rogers had contended there was a demonstrable breach of a significant part of the regulations governing the procedures to be followed by the EPA, in the GMO Regulations of 1994.
The judge believed there was an arguable case to be made. On occasions, the EPA had to some extent jumped the gun by approving the trial without some independent scientific appraisal that suggested the release would not adversely affect health and the environment.
He had also had regard to a scientific report which suggested that in other jurisdictions, that perhaps where supervision had reached a more advanced stage, it would be customary for a distance of at least some kilometres between the trial site and other sugar beet crops.
In this case, he had been told there were only two metres between the trial plot and other crops.
The judge said the interim order would last until Thursday week before a judge during the legal vacation period to allow the respondents to set out their case on affidavit.