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Public Participation in the Regulation of Genetically Modified Organisms: A Matter of Substance or Form?

The regulatory regime for GMOs contains provisions which grant to the public formal rights of participation. Such rights are examined at international level (in particular, the Cartagena Protocol and the Aarhus Convention), at European Community level and with specific reference to the United Kingdom. It would seem clear that their overall effect is materially to enhance the role of civil society (the more so where locus standi is conferred on NGOs); and, in addition, United Kingdom case law indicates that environmental consultation exercises are to be taken seriously (as is well illustrated by the decisions in Berkeley v Secretary of State for the Environment and R (on the application of Greenpeace Ltd) v Secretary of State for the Environment). On the other hand, there must remain some doubt as to the extent to which the views of the public are being fed into the decision-making process itself, while the cost of challenging legislation once enacted may prove to be prohibitive. Further, on a more general level, questions may be raised as to the efficacy of public engagement in technical and/or scientific issues; and, notwithstanding that the regulation of GMOs remains ‘work in progress’, many of the major decisions which offered opportunities for public participation have already been taken.