1. The Precautionary Principle in the UK and Europe IDDRI Workshop Tuesday 3 December Henry Derwent Defra

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

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

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

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 INEQUITABLE INESCAPABLE NOVEL MAN-MADE HIDDEN CHILDREN DREADED DEATH OR ILLNESS IDENTIFIABLE VICTIMS UNCERTAIN SCIENCE EXPERTS AT ODDS LOSS OF TRUST

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