Bestof Best2010

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Bestof Best2010

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  • Speaker: Richard Hooton, Environmental Health Practitioner, Hooton Consultancy Services LtdThe Conservative Policy Paper 'Regulation in the Post bureaucratic age' proposed a radical review of regulation, and its regulators. These excerpts give a flavour: The public will be given the power to nominate the most poorly designed and burdensome regulations, which would be repealed within 12 months. During the first term of a Conservative government all Regulators will be re-assessed and their duties reviewed. The powers of (food and health and safety) inspectors will be drastically curbed by allowing firms to arrange their own, externally audited inspections and, providing they pass, to refuse entry to official inspectors. In trying to define the Post bureaucratic age David Cameron offered the following as a model for the country "Sceptical about big state power; committed to social responsibility and non-state collective action" (May 2009). Couple this with the future direction of our profession and you have exciting subject matter for a debate on the future of regulation. A view will be expressed from a local authority EHP and an EHP working in private practice, and audience participation will be encouraged. Please bring your nomination for a regulation ripe for removal.
  • A brief history of deregulation
  • Bill: While Chile (as an economic system guided by “experts”) accumulated a $12 billion foreign debt in 1985, poor people, acting without loans, together built at least $11 billion housing in slum areas by local cooperation without incurring any foreign debt. Why is this the case?
  • “The deluge of new regulations has been choking off enterprise for too long. We must move away from the view that the only way to solve problems is to regulate.“The Government has wide-ranging social and ecological goals including protecting consumers and protecting the environment. This requires increased social responsibility on the part of businesses and individuals.“This is a real challenge and it will not be easy. We need to reduce regulation and at the same time meet our social and environmental ambitions. This demands a radical change in culture away from the tick box approach to regulation only as a last resort. It’s a big task but one worth striving for.” Vince Cable
  • Impose sunset clauses on regs And regulators to ensure that the need for each reg is regularely reviewed
  • Opp for public to challenge worst regs46,000 people have left 14,000 ideas and 95,000 comments
  • The first and perhaps most fundamental defect of the statutory system is simply that there is too much law. The nine main groups of statutes we have mentioned above are supported by nearly 500 subordinate statutory instruments containing detailed provisions of varying length and complexity.It was argued in some submissions made to us that the sheer mass of this law, far from advancing the cause of safety and health, may well have reached the point where it becomes counterproductive.Our present system encourages rather too much reliance on state regulation, and rather too little on personal responsibility and voluntary, self-generating effort. This imbalance must be redressed. A start should be made by reducing the sheer weight of the legislation.
  • However, it is estimated that last year a third of the additional regulatory burden came from European Union directives.
  • 2010 doc focuses on end user establishing a target to reduce administrative burdens on business by 25 per cent by 2012
  • Creates a new Cabinet “Star Chamber” that will lead the Government’s drive to reduce regulation which is stifling growth, especially of small businesses. This Reducing Regulation Committee will be chaired by the Business Secretary and will enforce a new approach to new laws and regulations, ensuring that their costs are being properly addressed across the entire British economy. + increased scrutiny during policy development process.The Reducing Regulation Committee will stress-test regulatory proposals making sure that only those of suitably high quality (for example meeting good regulation principles) and suitably high priority proceed.Although its roots go back to the medieval period, the court only became powerful as a separate entity during the reign of Henry VII. In 1487 the court became a judicial body separate from the king's council, with a mandate to hear petitions of redress.The power of the Court of Star Chamber grew considerably under the Stuarts, and by the time of Charles I it had become a byword for misuse and abuse of power by the king and his circle. James I and his son Charles used the court to examine cases of sedition, which, in practice, meant that the court could be used to suppress opposition to royal policies. It became used to try nobles too powerful to be brought to trial in the lower courts. Court sessions were held in secret, with no right of appeal, and punishment was swift and severe to any enemy of the crown.Charles I used the Court of Star Chamber as a sort of Parliamentary substitute during the years 1628-40, when he refused to call Parliament. Finally, in 1641 the Long Parliament abolished the hated Star Chamber, though its name survives still to designate arbitrary, secretive proceedings in opposition to personal rights and liberty.
  • Establishes a new “challenge group” to come up with innovative approaches to achieving social and environmental goals in a non-regulatory way.  This team would work with experts including Richard Thaler, the US behavioural economist.Most recently Thaler is coauthor, with Cass R. Sunstein, of Nudge: Improving Decisions About Health, Wealth, and Happiness (Yale University Press, 2008). Nudge discusses how public and private organizations can help people make better choices in their daily lives. "People often make poor choices - and look back at them with bafflement!" Thaler and Sunstein write. "We do this because as human beings, we all are susceptible to a wide array of routine biases that can lead to an equally wide array of embarrassing blunders in education, personal finance, health care, mortgages and credit cards, happiness, and even the planet itself." Thaler and his co-author coined the term choice architect.
  • Aug 2010http://www.fsb.org.uk/policy/assets/fsb0029_regulation_web.pdf
  • There needs to be a complete overhaul of the regulatory regime; includingthe role of inspections, which are the human face of regulation for mostsmall businesses. Raising the standard of inspections and making theprocess of inspection a positive experience is the cheapest and fastestroute to improving the overall perception of the regulatory burden. The FSBbelieves the Local Better Regulation Office (LBRO) has a pivotal role to playin this process.When an inspection is done well it can be helpful and practical, when itis done badly it can place a massive burden on the small firm and fail toimprove compliance.
  • Our members tell us that a good quality inspection can be useful as alearning experience. The FSB believes this should become the norm forall inspections. In 2007, 46 per cent of our members told us that theyfound their recent health and safety inspection helpful and the advicegiven practical.1 Therefore we need to find a way to ensure that there isa fundamental change in the relationship between the inspector and thebusiness. Firms need to see the visiting inspector as a service available forthem to use; they need to see a distinct move away from an enforcementculture and towards compliance.
  • We need to be in the driving seat, not being told what to do or not to do.
  • Speaker: Richard Hooton, Environmental Health Practitioner, Hooton Consultancy Services LtdThe Conservative Policy Paper 'Regulation in the Post bureaucratic age' proposed a radical review of regulation, and its regulators. These excerpts give a flavour: The public will be given the power to nominate the most poorly designed and burdensome regulations, which would be repealed within 12 months. During the first term of a Conservative government all Regulators will be re-assessed and their duties reviewed. The powers of (food and health and safety) inspectors will be drastically curbed by allowing firms to arrange their own, externally audited inspections and, providing they pass, to refuse entry to official inspectors. In trying to define the Post bureaucratic age David Cameron offered the following as a model for the country "Sceptical about big state power; committed to social responsibility and non-state collective action" (May 2009). Couple this with the future direction of our profession and you have exciting subject matter for a debate on the future of regulation. A view will be expressed from a local authority EHP and an EHP working in private practice, and audience participation will be encouraged. Please bring your nomination for a regulation ripe for removal.
  • Bestof Best2010

    1. 1. A debate: The 'post bureaucratic age': science fiction or reality?Richard HootonChartered Environmental Health Practitioner<br />
    2. 2.
    3. 3.
    4. 4. “A further bonfire of controls” Harold Wilson (1947)<br />“A bonfire of red tape” <br /> Michael Heseltine (early 1990’s)<br />
    5. 5. Bush’s administration’s commitment to reducing regulation (2003)<br />
    6. 6. Regulatory policy committee <br />Rogers Review<br />Davidson Review<br />Risk & regulatory advisory council <br />Better regulation executive<br />Deregulation unit<br />Better regulation task force<br />Better regulation unit<br />Better Regulation Commission<br />Macrory Review<br />LBRO<br />Hampton Report<br />Regulatory Impact Unit<br />
    7. 7. If an idea can survive a bureaucratic review and be implemented it wasn't worth doing.<br />Mollison's Bureaucracy Hypothesis:<br />
    8. 8.
    9. 9.
    10. 10. We will cut red tape by introducing a one-in, one-out rule, whereby no new regulation is brought in without another regulation being cut by a greater amount<br />
    11. 11. ….. end the culture of the ‘tick-box’ regulation and instead target inspections on high risk organisations through co-regulation and improving professional standards …<br />
    12. 12.
    13. 13. YOUR FREEDOM<br />
    14. 14. Let kids be free to nick apples from trees in peoples gardens<br />Revise H&S laws that force one to wash in scalding water<br />Homemade Nuclear Fusion Reactors<br />
    15. 15. by birtej on July 03, 2010 at 04:37PMRevise the regulations to clarify the concepts of acceptable risks and trivial severities in absolute terms in order to target significant risks.<br />
    16. 16. 'Health and safety laws are a music hall joke'<br />Lord Young June 2010<br />
    17. 17. The first and perhaps most fundamental defect of the statutory system is simply that there is ……..<br />
    18. 18. …….. too much law.<br />
    19. 19.
    20. 20. The Lord’s Prayer has 58 words<br />The Ten Commandments have 297 words<br />The American Declaration of Independence has 310 words<br />The EC Directive on the Exportation of Duck Eggs has<br />28,911 words<br />
    21. 21. “….. may not be as big a problem<br />in the UK ….. as is alleged by some commentators”. <br /> Davidson 2006<br />
    22. 22.
    23. 23.
    24. 24. "By ensuring regulation becomes a last resort, we will create an environment that frees business from the burden of red tape, helping to create the right conditions for recovery and growth in the UK economy," Vince Cable Aug 2010. <br />
    25. 25.
    26. 26. "People often make poor choices - and look back at them with bafflement!"<br />
    27. 27.
    28. 28.
    29. 29. Obstacles to achieving business objectives (FSB Feb 2010)<br />42% Cost of finance<br />33% Regulations (38.7% 2003)<br />30% Competition in market<br />29% Business rates <br />29% Obtaining/cost of finance<br />26% VAT<br />16% Recruiting/retraining staff<br />
    30. 30. Over half of all businesses believe there is too much regulation<br />
    31. 31. The human face of regulation<br />
    32. 32. 1 Inspector<br />EHP<br />Compliance<br />Enforcement <br />culture<br />Business<br />Inspector<br />
    33. 33. ‘We recognise that our workers are the experts on the shop floor. They are the people doing the job. They, more than anyone, know the risks involved.’ <br />
    34. 34. A debate: The 'post bureaucratic age': science fiction or reality?Richard HootonChartered Environmental Health Practitioner<br />
    35. 35. END<br />
    36. 36. Obstacles to achieving business objectives (FSB Feb 2010)<br />

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