The Environmental Protection Agency's decision to allow field trials of genetically modified sugar beet in Co Carlow was in breach of the agency's powers, the High Court was told yesterday.
This was because of the EPA's apparent acceptance that there was a "low risk" to human health and the environment from such trials, said Mr Frank Clarke SC, as the EPA had no authority to give consent for the field trials to Monsanto plc unless it was satisfied, as set out in Article 33.4 of the Genetically Modified Regulations 1994, that the deliberate release of genetically modified organisms (GMOs) "will not result in adverse effects" to human health and the environment.
The statutory test relating to when consents could be given for the release of GMOs was clear and unambiguous, he added. The law did not contemplate circumstances where there could be a deliberate release of GMOs on the basis of an assessment that there was a low risk involved.
He was making submissions on the fifth day of a challenge by Ms Clare Watson, of the organisation Genetic Concern, to the Environmental Protection Agency's decision of May 1st 1996, granting consents to Monsanto plc to carry out the field trials on lands owned by Teagasc at Oak Park, Co Carlow.
Monsanto, with an address at High Wickham, Buckinghamshire, is carrying out the trials to determine the effects of its weedkiller, Roundup, in which the active ingredient is glyphosate, on glyphosate tolerant sugar beet.
At the outset of yesterday's hearing Mr John Gordon SC, with Mr Clarke, for Ms Watson, said the sides were still working on an agreed simplified guide to genetic engineering but, given the robust divisions between them, it was not yet ready.
Mr Gordon also read to the court the minutes of meetings of the EPA board, dated in April and May 1996, including a meeting of April 22nd 1996, when the board took the decision to give permission, subject to certain conditions, to Monsanto to carry out the field trials.
The hearing resumes today before Mr Justice O'Sullivan.
