The Environmental Protection Agency's decision to grant consents for field trials of genetically modified sugar beet in Co Carlow was reasonable and in accordance with fair procedures, the High Court was told yesterday.
In submissions on behalf of the agency, Mr James Macken SC rejected complaints by Ms Clare Watson, of the organisation Genetic Concern, about the manner in which the EPA granted the consents to Monsanto plc on May 1st last year. He submitted the agency took the views of all who objected to the proposed release of genetically modified organisms (GMOs) by Monsanto into consideration.
He specifically rejected a complaint by Ms Watson that she was not accorded a fair hearing in circumstances where the agency had sought and received further information from Monsanto about its proposed releases.
Article 31.4 of the genetically modified organisms regulations 1994 allowed for the making of representations by the public within 21 days from the date of publication of the notice of intention to make releases of GMOs. The EPA had received many representations during the period and considered them all. It did not receive a request from Ms Watson to make further representations outside that period until after the date upon which con sent was granted, May 1st, 1997, and in those circumstances did not refuse to consider any further representations which Ms Watson may have wished to make.
Mr Macken also argued that there was provision in the 1994 regulations for the EPA to include conditions when granting consent for the release of GMOs. It was an expert agency dealing with matters which had an impact on the public although the consequences of this might not be readily accessible in intellectual terms.
When dealing with the Monsan to applications, the EPA asked expert questions and had put certain matters into the public domain. He was making submissions on the sixth day of a challenge by Ms Watson to the decision of the EPA to permit field trials by Monsanto of genetically modified sugar beet on lands owned by Teagasc at Oak Park, Co Carlow.
The company is carrying out the trials to assess the effects of its weedkiller Roundup, in which the active ingredient is glyphosate, on glyphosate-tolerant sugar beet.
The hearing before Mr Justice O'Sullivan is expected to conclude tomorrow.