A multinational company growing genetically modified sugar beet has argued that it is "wholly unrealistic" to say field trials should not be permitted unless the Environmental Protection Agency is satisfied they pose "zero risk".
In the High Court yesterday, Ms Fidelma Macken SC, for Mon santo plc, submitted that the EPA had correctly adhered to its duties under the Genetically Modified Regulations 1994 in granting consents to Monsanto for the field trials.
She argued that it was incorrect to state that the 1994 regulations oblige the EPA not to consent to trials involving Genetically Modified Organisms (GMOs) unless it was satisfied that those trials posed a zero risk to human health and the environment. To argue that the EPA should refuse consent unless it was satisfied there was "zero risk" would require the agency to refuse consent "on the basis of hypothetical or wholly unrealistic risks".
The regulations stated that the EPA shall not consent to a deliberate release of GMOs "unless it is satisfied that the deliberate release will not result in adverse effects on human health and the environment".
Ms Macken said the 1994 regulations were adopted to give effect to a 1990 EC directive on the contained release of GMOs into the environment. Irish courts were required to interpret national law, as far as possible, in the light of the wording and purpose of the directive.
The directive also did not require an applicant for a consent for the release of GMOs to ensure there would be no escape of GMOs from the trial site, it was submitted. It sought information on methods and procedures "to avoid and/or minimise" the spread of the GMOs beyond the site of release.
Monsanto fully accepted that the EPA was required to ensure a high level of protection when exercising its duties under the GMO regulations. But the EPA was not required to adopt a test which would mean that no trial approval could ever be granted and thereby deprive the EPA from exercising any discretion, she said. The EPA was obliged to ensure that all appropriate measures were adopted to ensure that all "forseeable" risks to human health and the environment were avoided.
Ms Macken was making submissions on the seventh day of a challenge by Ms Clare Watson, of Genetic Concern, to the EPA's decision of May 1st 1997 granting the consents to Monsanto for field trials of genetically modified sugar beet on lands owned by Teagasc at Oak Park, Co Carlow.
The hearing continues today before Mr Justice O'Sullivan.