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Published byKathryn Nicholson Modified over 9 years ago
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The strengths and weaknesses of self regulation
Dr Jon Bell Formerly Chief Executive UK Food Standards Agency
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The case for and against command and control regulation (1)
Define required behaviour Set standards Clearly set out offences and penalties
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The case for and against command and control regulation (2)
Blunt instrument Can be costly and act as a brake on innovation Always follows new activities, never precedes them Only sets minimum standards
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Aims of self regulation
Ensure a properly functioning market Ensure a responsible industry Ensure a commitment to published standards Effective action in the event of a breach Easy and low cost to administer Responsive to change
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Advantages and disadvantages
Possible advantages: Driven by those being regulated Embeds responsibility for compliance Flexible Low cost
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Advantages and disadvantages
Possible disadvantages Conflicts of interest Lack of confidence in the process Weak sanctions Lack of transparency Narrowness of interpretation of the rules
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Drivers (1) Industry: Threat of command and control regulation
Name and shame by the authorities Desire to raise standards and confidence Desire to prevent damage by rogue operators
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Drivers (2) Government: Desire to keep costs down
Enables minimal government interference Maximises flexibility Strengthens corporate responsibility
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Suitability for different sectors
Required standards of behaviour are well understood No risk of serious or widespread harm Industry cohesiveness and maturity Competitive market
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Ways of avoiding or reducing the disadvantages (1)
Involve outside parties External policing External auditing
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Ways of avoiding or reducing disadvantages (2)
Clear and transparent rules Allow group action by consumer bodies Clear appeals procedures
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Examples of sectors in the UK which have tried self regulation
Successfully Advertising The medical profession The press Unsuccessfully The police Lawyers Gas safety
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Perceptions about self regulation
The public Politicians Industry
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Issues requiring particular attention
Funding Expertise and background of independants Transparency Speed of response Appeals system Mandatory participation?
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Conclusions Workable alternative to command and control regulations in appropriate circumstances Not suitable for all sectors Perceptions are all important
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