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GM Foods: Potential Public Consultation and Participation Mechanisms. Gary Marchant, Andrew Askland & Chad Baker Center for the Study of Law Science & Technology ASU College of Law December 6, 2002. Three Rationales for Public Participation. Normative:
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GM Foods: Potential Public Consultation and Participation Mechanisms Gary Marchant, Andrew Askland & Chad Baker Center for the Study of Law Science & Technology ASU College of Law December 6, 2002
Three Rationales for Public Participation • Normative: • Consent of the governed is a core democratic value • Citizens have right to meaningful participation in decisions concerning their health and safety • Substantive: • Non-experts may provide relevant knowledge and perspective • Instrumental: • Decrease conflict and increase trust in government decision-making Source: Understanding Risk (NAS 1996)
Public understanding of scientificterms and concepts (NSF 2001)
Importance of Public Education “Ordinary Tomatoes Do Not Contain Genes, While Genetically Modified Ones Do” Source: Tom Hoban
Existing Mechanisms for Public Participation • Elections/Representative government • Polling • Focus groups • Market decisions • Notice and comment rulemaking • “Public interest” groups • Public hearings • Citizen membership on advisory committees and decision-making bodies • Direct democracy (e.g., referenda)
Problems with Existing Mechanisms • Little or no participation by general public in some mechanisms (i.e. process dominated by direct stakeholders • e.g., notice and comment rulemaking • e.g., advisory committees • Many participants have minimal knowledge in other mechanisms • e.g., referendums • e.g., polling
Trade-off Between Participation and Education Number of Participants Average Knowledge Many Participants Few Participants
Other Challenges to Deliberative Democracy • “Rational ignorance” • Skewed participation • self-selection • economic and racial gaps? • International externalities of public views • Does public participation necessarily lead to better decisions? • How to measure?
Public Participation Mechanisms: Design Factors • Geographical scope • Some issues are better addressed at national level (e.g., GM food safety); others may benefit from more localized consideration (e.g., ecological and economic effects of GM crops) • Level of Expertise • Some issues require relatively minor education (e.g., cloning), while others require more sophisticated understanding (e.g., regulatory level of arsenic in drinking water • Participants • General public vs. stakeholders? • Open vs selected?
Objectives of Public Participation • To make decisions? • To provide recommendations for input into decisions? • To identify factors for decision? • To facilitate productive dialogue? • To educate participants?
Citizen Juries • Also known as citizen panels, consensus conferences, etc. • Panel of 12-20 citizens representing cross-section of community convened to deliberate on a policy question and to produce report or recommendations • A set of experts selected to present evidence to panel covering different perspectives • Usually conducted over a 3-4 day period
Critique of Citizen Juries • Most participants report favorable experience, but: • Potential for bias • selection of citizen jurors • selection of expert presenters • phrasing of question; setting agenda • Minimal impact • No formal role or follow-up of recommendations • Does anybody care? • Limited participation • only a handful of citizens participate and benefit
GM Public Debate - UK • The UK government has recently initiated a “National Debate” on GM foods • Based on 2001 government report which recommended: “It will be crucial for the public to be involved in the important decisions which need to be taken. We have to find a way to foster informed public discussion of the development and application of new technologies.” • Initial stage consisted of 9 workshops attended by invited cross-section of people • Format for main debate in 2003 to be determined • Public debate will proceed in parallel with a Science Review and an Economic Review
Critique of UKGM Public Debate • Activist groups and media coverage have been negative • charges that process is a “sham” or “charade” • although public debate being conducted by arms-length consultant, the enterprise is associated with PM Blair and his government who have expressed support for GM foods • Mechanism for public debate still undefined • Selection of initial workshop participants roused controversy
Some Proposals for Future Exploration • Combine citizen jury with real-time newspaper or public television coverage of deliberations • addresses limited participation of citizen juries • Public dialogues sponsored by county or municipal governments • this level of government may be in unique position to balance ecological and economic aspects of GM foods • closer to general public than national or state governments • On-line dialogues • provides possibility for broad participation and education • problem: how to avoid domination by direct stakeholders?