Day 038 - 19 Oct 94 - Page 10
1 MR. JUSTICE BELL: No. I will take it as if Dr. Millstone had
2 said on his affirmation in the witness box what he says in
3 the statement you handed to me this morning and in the two
4 page facts relating to styrene.
5
6 MR. MORRIS: I think we are going to deal with the general
7 matters first.
8
9 MR. JUSTICE BELL: You take your own course, but that is in
10 evidence.
11
12 MS. STEEL: OK. (To the witness): Your written statement
13 indicates that you disagree with the official evaluations
14 of particular additives that we are discussing in the
15 court. Could you explain why that is?
16 A. Yes, I certainly can. When I first became interested
17 in this area 20 years ago, in the spring of 1974, I started
18 with the assumption (which is perhaps the official version,
19 official account, of these matters) that policy making was
20 relatively straightforward and that it could be neatly
21 divided into two compartments; the first, scientific
22 judgment in which scientists were able to determine more or
23 less unambiguously and unequivocally what is and what is
24 not safe; secondly, a stage at which that evidence was
25 taken into account by policy makers who could rely upon the
26 precision and accuracy of the scientific evidence with
27 which to decide what to permit and what to forbid.
28
29 But, the longer I looked into these matters, the more
30 closely I investigated them, I came to the conclusion that
31 that was simply not the case. Firstly, I came to the
32 conclusion that scientists are certainly not in a position,
33 for the most part, to provide definitive advice to policy
34 makers as to what is and what is not safe, not merely which
35 compounds are or are not safe but, moreover, the levels at
36 which they might or might not be safe.
37
38 I was rather surprised when I felt driven to the conclusion
39 that considerations of a not entirely scientific nature
40 were themselves intruding into the ways in which the
41 scientific evidence was being generated, interpreted,
42 presented and utilized.
43
44 So, I became convinced that the scientific evidence is
45 characterised by an immense amount of uncertainty,
46 uncertainty which is, for the most part, concealed rather
47 than revealed and, in the policy making process, what was
48 happening was that particular judgments were being made as
49 to how the benefit of the doubt should be awarded, where
50 there was some evidence that under some circumstances a
51 compound might be hazardous, say, to some laboratory
52 animal. There was then a question about whether one should
53 assume that that evidence directly indicated there would be
54 an adverse effect on people or whether one might discount
55 that and say, "That is only what happens to laboratory
56 animals and is of little or no relevance to humans".
57
58 I came to the conclusion that what was happening, time and
59 time again, in many, many cases, was that when compounds
60 were being tested in model systems, such as bacteria and