Transcript BONN DE-BRIEF WEDNESDAY 8 AUGUST RIIA CHATHAM

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
“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 POLICIES
• Vulnerable population at risk
• Factoring-up
• Over-engineering
TECHNOLOGICAL
AND SOCIAL
HAZARDS
GOVERNMENT ROLES
REGULATORY
ROLE
STEWARDSHIP
ROLE
MANAGEMENT
ROLE
OPERATIONAL AND POLICY RISKS
NATURAL
HAZARDS
THE PRINCIPLES OF GOOD
REGULATION
• Proportionate
• Consistent
• Targeted
• Transparent
• Accountable
CREDIBLE SCENARIOS
Uncertainty in consequences
Uncertainty
In
likelihood
CONVENTIONAL
RISK
ASSESSMENT
Greater emphasis
on consequences
Consider possible
Consequences
Rely on past
experience of
generic hazard
IGNORANCE
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
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-BENEFITS
•Clear benefits: cars, mobile phones
•Personal views of probability
•Calculation requires sufficient information available
•And choices must be available
FACTORS AFFECTING RISK
PERCEPTION
iNVOLUNTARY
INESCAPABLE
INEQUITABLE
MAN-MADE
IDENTIFIABLE
VICTIMS
HIDDEN
UNCERTAIN
SCIENCE
NOVEL
CHILDREN
EXPERTS
AT ODDS
DREADED
DEATH OR
ILLNESS
LOSS OF
TRUST
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
EXAMPLE 1: CHEMICALS
•Stockholm convention (POPs): marking time
on the trade war
•New European Chemicals Strategy: combination
of precautionary and conventional tests
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?
EXAMPLE 3: CLIMATE CHANGE
•Bush Administration approach the antithesis of
the precautionary principle
•What happens to trade between Kyoto-land
and elsewhere?
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
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
•