The Precautionary Principle in The Precautionary Principle in the UK and Europethe UK and Europe

IDDRI WorkshopIDDRI Workshop

Tuesday 3 DecemberTuesday 3 DecemberHenry DerwentHenry Derwent

DefraDefra

Formative experience Formative experience

• GMOs

• Chemicals

• Radioactive Waste

• Climate Change

1992 Rio Declaration1992 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”

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

OTHER CAUTIONARY POLICIESOTHER CAUTIONARY POLICIES

• Vulnerable population at risk

• Factoring-up

• Over-engineering

REGULATORYROLE

STEWARDSHIPROLE

MANAGEMENTROLE

TECHNOLOGICALAND SOCIALHAZARDS

NATURALHAZARDS

OPERATIONAL AND POLICY RISKS

GOVERNMENT ROLES

THE PRINCIPLES OF GOOD THE PRINCIPLES OF GOOD REGULATIONREGULATION

• Proportionate

• Consistent

• Targeted

• Transparent

• Accountable

CONVENTIONAL RISK

ASSESSMENT

IGNORANCE

Consider possible Consequences

Greater emphasis on consequences

Rely on pastexperience ofgeneric hazard

Uncertainty in consequences

UncertaintyInlikelihood

CREDIBLE SCENARIOS

REVERSAL OF BURDEN OF REVERSAL OF BURDEN OF PROOF; AND REVIEWPROOF; AND REVIEW

•Precautionary principle usually shifts the burden of proof

•The creator of the hazard should usually provide theinformation needed for decision-making

•Uncertainty should be regularly reviewed; and application of the precautionary principle modified as necessary

WHAT’S MISSING?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

PERSONAL COST-BENEFITSPERSONAL COST-BENEFITS

•Clear benefits: cars, mobile phones

•Personal views of probability

•Calculation requires sufficient information available

•And choices must be available

FACTORS AFFECTING RISK FACTORS AFFECTING RISK PERCEPTIONPERCEPTION

iNVOLUNTARY

INEQUITABLE

INESCAPABLE

NOVEL

MAN-MADEHIDDEN

CHILDRENDREADEDDEATH ORILLNESS

IDENTIFIABLEVICTIMS

UNCERTAINSCIENCE

EXPERTS AT ODDS

LOSS OFTRUST

THE CRITICISMSTHE 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

EXAMPLE 1: CHEMICALSEXAMPLE 1: CHEMICALS

•Stockholm convention (POPs): marking timeon the trade war

•New European Chemicals Strategy: combination of precautionary and conventional tests

EXAMPLE 2: RADIOACTIVE EXAMPLE 2: RADIOACTIVE WASTEWASTE

•UK national radioactive waste strategy:classic “dread”, but why is it still on the surface?

•EU Directive: is deep disposal truly precautionary?

EXAMPLE 3: CLIMATE CHANGEEXAMPLE 3: CLIMATE CHANGE

•Bush Administration approach the antithesis ofthe precautionary principle

•What happens to trade between Kyoto-land and elsewhere?

EXAMPLE 4: GMOsEXAMPLE 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

NOT JUST A PRINCIPLE BUT A NOT JUST A PRINCIPLE BUT A PROCESSPROCESS

•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 faras possible•Involve stakeholders•Openness, transparency and consultation•Respect values

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