Sustainability, Benefit to the Community and Ethics

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The Norwegian Biotechnology Advisory Board4. Precautionary principleThe precautionary principle is not mentionedin the wording of the Gene Technology Actitself. However, reference is made to thisprinciple in the Act’s legislative history.Several references are to be found in Ot. Prp. 6No. 8. It is stated that the precautionaryprinciple also applies in relation to the ethicalassessment of consequences, in addition tothe relevant impact assessments 8 .The precautionary principle is also mentionedin the discussion of the Act’s requirementof being “without detrimental effects”. It isstated that the term is used to underscorethe aim of carrying out a prior assessmentof the risk to health and the environmentwhile avoiding possible detrimental effectsand that this should be underpinned bythe precautionary principle 9 . Moreover, thestatutory proposition to the Storting outlinesthe manner in which the precautionaryprinciple is to be interpreted 10 :on sustainable development in Rio in 1992.A further confirmation and more specificformulation of its content and importanceare to be found in the White Paper to theStorting 11on “sustainable development”.There, the precautionary principle is given acentral role as an instrument to develop anenvironmental policy allowing sustainabledevelopment. This is defined as follows 12 :“If there is danger of serious or irreversibleharm, any lack of complete scientificcertainty shall not be used as groundsfor carrying out encroachments on natureor for deferring environmental policymeasures. Great importance must beattached to the possible detrimental effectswhen setting objectives.”“The Ministry emphasizes that theprecautionary principle does not meanthat all use of gene technology should beautomatically considered hazardous, butin instances where a concrete assessmentindicates that there may be reasonabledoubt about the risk, this directs againstsuch use.”Today, there is a general understandingthat the precautionary principle representsone of several principles embodied in theconcept of “sustainable development”. Thefact that the concept is emphasized in thestatutory text itself further underlinesthat the precautionary principle must betaken into account when considering casesunder the Gene Technology Act. Within theframework of the international processesrelated to “sustainable development”, theprecautionary principle is laid down in theso-called Rio Declaration and in the UNConvention on Biological Diversity – bothadopted at the UN Earth Summit (UNCED)8. Ot. prp. 8 (1992-93) p 45.9. Ot. prp. 8 (1992-93) p 67.10. Ot. prp. 8 (1992-93) p 46.11. St. meld. No. 58 (1996-97)12. St. meld. No. 58 (1996-97) concerning sustainabledevelopment, p. 1310
Sustainability, Benefit to the Community and Ethics in the Assessment of Genetically Modified OrganismsAssessmentConsequently, the precautionary principleregulates actions associated with doubt oruncertainty. This constitutes the most centraldimension of the principle. Are we absolutelycertain – or even just reasonably certain – ofthe consequences and/or the probabilities, thenthe principle will not apply. However, in theevent of reasonable doubt, the precautionaryprinciple alone constitutes sufficient groundsfor acting in nature’s best interests, i.e. itis sufficient grounds for refraining fromcarrying out the encroachment on naturethat is the subject of the application, e.g. thedeliberate release of a genetically modifiedorganism. This latter aspect also embodiesthe precautionary principle’s other centraldimension – that nature is to have the benefitof the doubt. The position of the BiotechnologyAdvisory Board is that mankind in thiscontext, is to be perceived as a part of nature,which means that the principle also appliesin those instances where there is uncertaintyabout the consequences for human health.What then can give cause for doubt? Theprinciple does not apply to doubt aboutall types of consequences for health andthe environment. It would have to involvepotentially serious detriment. The definitionuses the terms serious or irreversible harm.The principle is, in this respect, based on adiscussion of how we must act in order to avoidunintentional, irreversible environmentalconsequences.Cumulative effects represent a crucialelement of this discussion – meaning thatthe principle should also apply when there isreasonable doubt about serious cumulativeeffects, even if there may be no doubt aboutthe serious consequences associated with theindividual encroachment or release.So, in which contexts could such doubt exist?The following elements might serve as aguide:- doubt about fundamental cause-effectrelationships- doubt about probability assessments- doubt about impact assessments- doubt about cumulative consequencesand/or- doubt as to whether moderatingand regulatory measures and policyinstruments are functioning asintended.Often, there will also be considerableuncertainty and insufficient knowledge aboutthe effects of a deliberate release of geneticallymodified organisms in relation to “sustainabledevelopment” and “benefit to the community”.It could be queried whether the precautionaryprinciple might not also apply in the face ofthis type of uncertainty as well. Uncertaintyabout the negative consequences for societymight, for instance, be perceived as a decisiveargument for opposing the deliberate releaseof a genetically modified organism. TheBiotechnology Advisory Board is of the opinionthat the precautionary principle does not11
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