1. Learning to Listen: legitimation in UK radwaste management policies Frans Berkhout Institute for Environmental Studies (IVM) VU University Amsterdam

2. Sketch Explanations for a recalcitrant policy problem Linked legitimation problems Institutional change as a response to legitimation problems Three indicators of institutional change Interpreting UK radioactive waste policy over 50 years

3. The question Why, after 50 years, does the management of radioactive wastes remain such a problem for policymakers? Is there learning?

4. Explanations of the problem Uniqueness/newness: radiation Hypotheticality: validation as hypothetical Symbolism: associations with apocalypse Justice: current and intergenerational Environmental politics: contests between centres of political power Legitimation/trust

5. Legitimation ‘…the prestige of being considered binding’ (Weber) Rational discourse as a basis for legitimacy: normative validity of values and factual validity are tested in a fair and transparent way (Habermas)

6. Nested problems of normative and factual validity 1.Legitimacy of radioactive waste generation 2.Legitimacy of storage vs. disposal 3.Legitimacy of standards of radiation protection 4.Legitimacy of safety claims

7. Legitimation and institutional change Hypothesis Institutional change is a response to a legitimation problem

8. Three indicators of institutional change a. segregation between operators and overseers b. the autonomy and power of overseers c. the diversity of oversight bodies

9. Five phases: phase 1 Separating oversight from production (1946- 1976) 1946: UKAEA alone 1976: CEGB and BNFL (state-owned) segregated from NII and NRPB Flowers Report RWMAC created

10. Phase 2 Redefining the role of the state (1976-97) 1981: CEGB, BNFL and Nirex 1989-97: Privatisation of CEGB Nuclear policy divided between Environment and Industry ministries, oversight duties to Environment Agency Successive Nirex site-search processes (DADA)

11. Phase 3 Collapse of the old order (1997-2003) 1997: Final Nirex site search failure 1999 on: part-privatisation and re-nationalisation of nuclear reactors and reprocessing (NDA) New start on radioactive waste management

12. Phase 4 Reconstructing legitimacy through deliberative appraisal (2003-2008) 2003: CoRWM and exercise of ‘cooperative discourse’ (Renn, 2004) From 2005 new nuclear build debate – separating ‘legacy’ from ‘new’ wastes

13. Phase 5? Re-linking waste management and nuclear development (since 2008) 2005-2008: New nuclear build plans CoRWM Mark 2: conventional expert committee

14. Assessment: segregation Dynamic institutional arrangements Nuclear safety and radiological protection separated early Ownership of industry has fluctuated between the state and private sector No neat history towards greater segregation

15. Assessment: power of oversight Stop-start progression from closed, expert committees to (semi) open and (semi) autonomous overseers with enforcement powers ‘New public management’ as important causal factor

16. Assessment: diversity Composition of advisory bodies and procedures did become more diverse in period 1976-2008 (now a reverse?)

17. Conclusions Institutional form and dynamics is a reflection of underlying legitimation problems There is a strong link between industrial and environmental legitimation problems in the nuclear field Radioactive waste has seen much institutional innovation, but fluctuating legitimacy ‘Givenness’ is hard to create, easy to destroy