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Regulating the Regulators

Regulating the Regulators. The Baroness Deech of Cumnor DBE Gresham Professor of Law. This lecture will soon be available on the Gresham College website, where it will join our online archive of over 1,000 lectures. www.gresham.ac.uk. The sofa I can’t give away.

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Regulating the Regulators

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  1. Regulating the Regulators The Baroness Deech of Cumnor DBE Gresham Professor of Law This lecture will soon be available on the Gresham College website, where it will join our online archive of over 1,000 lectures. www.gresham.ac.uk

  2. The sofa I can’t give away Furniture and Furnishings (Fire)(Safety) Regs 1988

  3. The Great Fire of London • London Building Act 1667 • Brick and stone houses only • No projections • Road widths

  4. The Livery Guilds • Drapers • Skinners • Mercers • Grocers • Fishmongers • Merchant Taylors • Haberdashers • Salters • Ironmongers

  5. The Regulators • Ofcom • Press Complaints Commission • Financial Services Authority • Ofgem • Environment Agency • Food Standards Authority • HFEA and HTA

  6. Safety • London Taxis & Private Hire • Gangmasters Licensing Act

  7. Theories of regulation • Risk based • Principled • Rule based • Outcomes focused • Really responsive • Right touch

  8. Failures • Fukushima • Mexico Gulf oil spill

  9. UK failures • Baby P • Northern Rock

  10. The Cost • Since 1999 £90bn, 12% GDP • 11,000 pages of new EU legislation 2007 • Working Time Regs 1999 • Data Protection Act • Vehicle Excise Duty Reduced Pollution

  11. Animal Health CQC CEFAS Charity Commission Civil Aviation Authority Companies House Competition Commission Drinking Water Inspectorate Driving Standards Agency DVLA Employment Agy Standards Environment Agency EHRC Financial Reporting Council FSA Food & Environment Research Food Standards Football Licensing Forestry Commission Gambling Commission Gangmasters Licensing HSE HFEA HTA Information Commissioner Insolvency Service Marine & Fisheries Agy Maritime & Coastguard Agy The quangos

  12. MHRA National Lottery Comm National Measurement Office Natural England Ofcom OFT Office of Rail Reg Immigration Services Comm Ofgem Ofqual Ofsted Ofwat Pensions Regulator Postcomm Renewable Fuels Agy Rural Payments Agy Standards for England Security Industry Auth Vehicle Certification Agy Veterinary Medicines Directorate Vehicle & Operator Services Agy More quangos

  13. Reports • Regulatory Justice: Making Sanctions Effective (2006) • The Future of Regulation in the Public Sector (2006) • Lightening the Load (2010) • Common Sense Common Safety (2010) • Delivering Regulatory Reform 2011

  14. Hampton Principles • Comprehensive risk assessment • Accountable for efficiency & effectiveness • No inspection without a reason • No unnecessary information, or twice • Proportionate sanctions, speedy identification • Accessible advice • Right size and scope • No new ones if existing one can do it • Allow economic progress

  15. Legal Regulation • Promoting and protecting the public interest • Supporting the rule of law • Access to justice • Interests of consumers • Competition in service provision • Independent, strong diverse profession • Public understanding of rights & duties • Professional principles

  16. Hydra’s heads • Deregulation unit of DTI 1986 • Better Regulation Unit • Better Regulation Task Force (proportionality, accountability, consistency, transparency, targeting) • Regulatory Impact Unit 1999 • Better Regulation Executive 2005 • Better Regulation Action Plan

  17. Hercules’ work • Better Regulation Commission 2006 • Risk & Regulatory Advisory Council 2008 • Regulatory policy Committee 2009 • Better Regulation Strategy Group 2010 • Reducing Regulation Committee and Challenge Group 2010

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