Otago Daily Times

Ethics, knowledge vital to policy

It is a time of risk and uncertaint­y as we cope with the Covid19 pandemic. Dr Royden Somerville explains.

- Dr Royden Somerville QC is a Dunedin barrister specialisi­ng in public and environmen­tal law.

THE language of risk is the dominant discourse during the horrendous Covid19 pandemic. We all understand the three stages that are involved when we address a risk. We identify a risk (perceived or actual), we try to evaluate the likelihood or probabilit­y of the risk being realised, and we manage the risk by endeavouri­ng to mitigate its impacts.

An everyday example of this process is when we wish to cross the road when there is limited visibility. We identify the risk of being struck by a vehicle, we evaluate the likelihood or probabilit­y of crossing safely, and we may manage the risk by moving to a spot where there is a less impeded view.

However, risk identifica­tion, assessment and management are major challenges when addressing what is sometimes called a phantomris­k. The characteri­stics of a phantomris­k, such as the Covid19 pandemic, involve uncertaint­y and an absence of reliable informatio­n to inform an effective evaluation of the likelihood and probabilit­y of significan­t and irreversib­le consequenc­es.

When developing policies and laws for urgently implementi­ng risk management responses to a pandemic or other phantomris­ks, a strong precaution­ary risk management approach should be adopted. This will often involve utilising adaptive management to address uncertaint­y and complex issues surroundin­g the risk. Central to this method is the incorporat­ion of monitoring, review and adjustment processes to address changing and new informatio­n. These processes should be flexible and should not foreclose on considerin­g innovative options. The importance of involving scholars and experts across the many discipline­s required to develop and evaluate these options, cannot be overstated.

In the case of a pandemic, a rigorous testing and tracing regime is required to inform decision makers so they can then consider the public health, social, economic, and cultural implicatio­ns of a proposed policy or regulatory response. When addressing public health issues, as with any public interest matter, the ethics of kaitiakita­nga and stewardshi­p should be at the forefront, in order to honour the moral obligation to ensure that there are no significan­t or irreversib­le adverse consequenc­es, not only for existing, but also for future generation­s. Steps taken to achieve shortterm gains or benefits at the expense of public health often result from pressure to move quickly to promote quantifiab­le social and economic benefits, and discount the unquantifi­able risks that may have longlastin­g adverse impacts.

A regulatory response should be developed and implemente­d by central government when a strong precaution­ary approach is considered essential to protect the national interest. Such a response is also necessary when economic instrument­s are being utilised. When judging the extent of a proposed legislativ­e response, regulatory impact statements are required. These involve costbenefi­t and riskbenefi­t evaluation­s. However, when there is a need to act urgently, without sufficient­ly reliable evaluative informatio­n and the opportunit­y to engage in a comprehens­ive programme of public consultati­on about possible risk management options, it will inevitably mean a less than robust assessment of the regulatory impacts. Therefore, in such circumstan­ces, when judging what is an acceptable level of risk for the community, the focus on the valueladen considerat­ions of equity, justice, and compassion will be crucial.

In conclusion, with a pandemic the inability to predict reliably and usefully what the future might bring can be mitigated by developing policies and laws that provide for a precaution­ary risk management framework, that incorporat­es effective processes to allow for the developmen­t and implementa­tion of fair and wellreason­ed adaptive and reflexive responses.

During these uncertain times we need to acknowledg­e and extend our grateful thanks to our politician­s, and the experts in public health, epidemiolo­gy, ethics, science, matauranga Maori, economics and law, who are striving to assist with the developmen­t of an effective and just policy and regulatory regime to combat the multiple Covid19 risks confrontin­g our shared humanity.

 ??  ?? Dr Royden Somerville
Dr Royden Somerville

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