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.

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

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

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

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

Safety London Taxis & Private Hire Gangmasters Licensing Act

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

Failures Fukushima Mexico Gulf oil spill

UK failures Baby P Northern Rock

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

The quangos 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

More quangos 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

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

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

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

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

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