Sustainable Environment Policy Programme
Environment Centre
Sustainable Environmental Policy delivered by Sustainable Regulation There is a developing view that the Government’s environmental policies, implemented by regulation with the intention of promoting Sustainable Development, have not always been founded on sound science. Historically, however, international thinking on sustainability issues was led by scientific debate with the “Agenda 21” conference (Agenda of Science for Environment and Development) being prepared by ICSU (International Council of Scientific Unions) for the United Nations Rio Conference – the so-called “Earth Summit”. The original Bruntland definition of sustainable development was “Development which meets the needs of the present without compromising the needs of future generations to meet their own needs.” The present Government added a not-verysubtle aspirational flavour by suggesting that the essential was ensuring “ a better quality of life for everyone, now and for generations to come”. Based in the University of Manchester in partnership with Westlakes Research Institute, the Sustainable Environment Policy Programme (SEPP) has been set up to examine whether environmental policies are sustainable – which we define in human terms as their ability to deliver, over the long term “The greatest good for the greatest number while safeguarding the welfare of the individual”? The welfare of the individual is taken to include all human needs, not merely material ones, and encompasses the achievement or preservation of a wholesome environment.
Sustainable policy should thus balance economic growth, public health and environmental care, and safeguard the interests of future generations. This sustainable policy should be delivered by ‘sustainable regulation’ – regulation which would further the achievement of Sustainable Development. The complex balance of these very different factors will be difficult even if the aims are very specific, the assumptions clearly stated and the methodology adequately defined. In the absence of all or any of these attributes attaining a balance will be impossible. The projects started with the shared conviction of a group of experienced practitioners from very different fields that environmental policy and regulation in the UK was gravely in need of improvement at the most fundamental level. The premise was that environmental decision-making is currently far from delivering the holistic ‘greatest good for the greatest number’ solutions needed in the highly interlinked fields of economic growth, public health and environmental care. The principles upon which current policy and regulation were apparently based appeared to be ambiguous and not infrequently contradictory. Where contradictory
principles pertained, ‘cherry picking’ seemed rife; choices being made to suit. Level playing fields in term of risk- or principle-based regulation were virtually absent, and huge amounts of money must clearly be being misdirected as a result. But how to analyse the current situation, how to develop better practices, and how to promote these and so promote change? SEPP was set up with funding from BNFL and Westlakes Research Institute, prompted by experience of regulation in the nuclear industry which appeared to show that the picture painted above was not unreasonable. The approach has been to combine a ‘top down’ approach – looking at environmental principles and their regulatory interpretations from Sustainable Development downwards – with the ‘bottom up’ approach of looking at particular regulations and policies within our range of expertise and experience. This process can be envisaged by the figure.
Sustainable Development – Environmental Principles Sustainable Policy and Regulation
General Analysis
Cm4345 – Principles
Current areas of research
Detailed Case Studies Nuclear All other sectors
Practice
The mission of SEPP is: • • • • • To analyse current environmental policy and regulation against the aim of achieving Sustainable Development by explicitly balancing socio-economic, health, and environmental factors. Where existing principles either conflict or are ambiguous, to suggest hierarchies and other methods of resolving these conflicts and ambiguities. To research and promulgate methodologies by which an explicit balance may be achieved; in particular by suggesting specific techniques for comparing the benefits, detriments and risks across ranges of options and fields of activity. At all stages to make options and choices (decisions) wholly transparent. At all stages to identify and evaluate underlying science
The first year of work culminated in a symposium to an invited audience of policy makers and opinion formers. The proceedings have been published1 and are available from the contact address given below. Three PhD research topics are currently in progress: • • • Regulation of Industrial Discharges: Technetium from Sellafield2, Principles Underlying Environmental Policy and Regulation: Current Practice and Future Improvement3 The scientific basis for limit setting and the application of the Precautionary Principle in the regulation of environmental discharges4
At a more detailed level, SEPP has produced several replies to consultations and commentaries on the current regulatory situation, the most recent examples being critiques of the Interdepartmental Liaison Group on Risk Assessment document on the Precautionary Principle, a response to the Regulatory Impact Unit’s ‘Good Policy Making: A Guide to Regulatory Impact Assessment’, and a commentary on Defra’s consultation on whether it would be possible to impose a moratorium on the discharge of Tc-99 pending the introduction of TPP abatement technology. Curtis and Butler have also published several recent papers on subjects connected with radioactive waste and nuclear cleanup policy. The SEPP Team Professor Charles Curtis: Research Professor, University of Manchester; Chairman, Radioactive Waste Management Advisory Committee, formerly President of the Geological Society of London, Council Member NERC. Member of UKAEA Board Assurance Committee. Environment and Earth Sciences consultant. Professor Lynda Warren: Emeritus Professor of Environmental Law at the University of Wales, Aberystwyth. Member of the Board of the Environment Agency, member of RWMAC, the UK Environmental Law Association and a Fellow of the Royal Society of Arts.
Her current research interests are in the field of environmental law and policy and centre on the integration of legal and scientific approaches to environmental management. She was instrumental in formulating Nirex’s transparency policy, and the external assessor for their enquiry into their Corporate Governance. SEPP Associate. Professor Gregg Butler: Professor of Science in Sustainable Development, University of Manchester. Formerly Deputy Chief Executive of British Nuclear Fuels plc, Director of UK Nirex, MD of Pangea Resources Australia Pty Ltd and Chairman of Westlakes Scientific Consulting. Member of RWMAC and nuclear fuel cycle consultant, notably as a member of the Wilkinson Environmental Consulting team on Defra’s Information Needs Research Project. Extensively involved in the BNFL National Stakeholder Dialogue.
“The Role of Environmental Policy and Regulation: a Case for Modernisation”, published by The University of Manchester and Westlakes Research Institute, November 2001. 2 ESRC-NERC funded 3 SEPP funded 4 SEPP funded
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Grace McGlynn: Head of Corporate Responsibility, and previously Head of Public Affairs for BNFL, with 27 years of experience in Government, Public and Regulatory Affairs, and has played a leading role in the ground-breaking BNFL National Stakeholder Dialogue. SEPP Associate. Dr Steve Bradley: General Manager Westlakes Research Institute, leading commercial and research teams in Environmental Sciences. Formerly technical manager for environmental studies in the nuclear industry, and university researcher in long-term impact of process industries and agriculture on the environment. Clare Bailey, UoM Environment Centre – researching for a PhD ‘Regulation of Industrial Discharges: Technetium from Sellafield’.Christine Johnson, UoM Environment Centre – researching for a PhD ‘Principles underlying Environmental Policy and Regulation – Current Practice and Future Improvement’. Simon Rogers, UoM Environment Centre – researching for a PhD ‘The Scientific Basis for Limit Setting and the Application of the Precautionary Principle in the Regulation of Environmental Discharges’. For enquiries on the Sustainable Environment Policy Programme Contact: Prof Gregg Butler University of Manchester Environment Centre Williamson Building Oxford Road Manchester M13 9PL [email protected]