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Formative experience

The Precautionary Principle in the UK and Europe IDDRI Workshop Tuesday 3 December Henry Derwent Defra. Formative experience. GMOs Chemicals Radioactive Waste Climate Change. 1992 Rio Declaration.

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Formative experience

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  1. The Precautionary Principle in the UK and EuropeIDDRI WorkshopTuesday 3 DecemberHenry DerwentDefra

  2. Formative experience • GMOs • Chemicals • Radioactive Waste • Climate Change

  3. 1992 Rio Declaration “Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”

  4. A DECISION MAKER’S TOOL To avoid “ paralysis by analysis” • To be applied where: • good reason to believe harmful effects may occur • risk cannot be assessed with confidence

  5. OTHER CAUTIONARY POLICIES • Vulnerable population at risk • Factoring-up • Over-engineering

  6. GOVERNMENT ROLES TECHNOLOGICAL AND SOCIAL HAZARDS NATURAL HAZARDS REGULATORY ROLE STEWARDSHIP ROLE MANAGEMENT ROLE OPERATIONAL AND POLICY RISKS

  7. THE PRINCIPLES OF GOOD REGULATION • Proportionate • Consistent • Targeted • Transparent • Accountable

  8. CREDIBLE SCENARIOS Uncertainty in consequences CONVENTIONAL RISK ASSESSMENT Consider possible Consequences Uncertainty In likelihood Rely on past experience of generic hazard Greater emphasis on consequences IGNORANCE

  9. REVERSAL OF BURDEN OF PROOF; AND REVIEW • Precautionary principle usually shifts the burden of proof • The creator of the hazard should usually provide the • information needed for decision-making • Uncertainty should be regularly reviewed; and application • of the precautionary principle modified as necessary

  10. WHAT’S MISSING? • Rio principle and reversal of burden of proof not enough • Two classic regulatory techniques are precautionary: • ALARA/BAT (may go too far or not far enough) • Hazard – risk – risk management (hazard triggers) • The decision makers need help! PRECAUPRI project

  11. PERSONAL COST-BENEFITS • Clear benefits: cars, mobile phones • Personal views of probability • Calculation requires sufficient information available • And choices must be available

  12. FACTORS AFFECTING RISK PERCEPTION iNVOLUNTARY INESCAPABLE INEQUITABLE NOVEL DREADED DEATH OR ILLNESS MAN-MADE CHILDREN HIDDEN EXPERTS AT ODDS IDENTIFIABLE VICTIMS LOSS OF TRUST UNCERTAIN SCIENCE

  13. THE CRITICISMS • An excuse for inaction or worse • Leads to no clear conclusion • Sanctifies unscientific prejudice • Masquerades as a legal principle • A disguise for eco-protectionism

  14. EXAMPLE 1: CHEMICALS • Stockholm convention (POPs): marking time • on the trade war • New European Chemicals Strategy: combination • of precautionary and conventional tests

  15. EXAMPLE 2: RADIOACTIVE WASTE • UK national radioactive waste strategy: • classic “dread”, but why is it still on the surface? • EU Directive: is deep disposal truly • precautionary?

  16. EXAMPLE 3: CLIMATE CHANGE • Bush Administration approach the antithesis of • the precautionary principle • What happens to trade between Kyoto-land • and elsewhere?

  17. EXAMPLE 4: GMOs • Cartagena: high-water mark of precaution? • True precautionary motive revealed by European • legislation? • UK : GM debate aims to get all possible reasons • for precaution on the table

  18. NOT JUST A PRINCIPLE BUT A PROCESS • The principle as defined is very narrow • Uncertainty should trigger a precautionary • decision-making process • use good science where it exists • Keep researching • Use risk-assessment and cost-benefit as far • as possible • Involve stakeholders • Openness, transparency and consultation • Respect values

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