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This
section of the website provides information on the
government's policy in general - and the Health and
Safety Commission's position in particular - on "regulation".
It is very important to look at the Government's wider
regulatory policies as these are increasingly having
an impact upon the policies that the HSC adopts in
relation to safety.
In
effect issues about regulation concern two major issues.
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whether
and in what circumstances - in order to change
the behaviour of organisations - it is necessary
to change the law (this is often known
as 'classic regulation') or whether it is preferable
to use alternative approaches, like the use of
voluntary guidance. |
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whether
in relation to any laws that exist or will exist,
how should regulatory bodies go about enforcing
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The
Government and Regulation
There are a number of different bodies that impact
upon Government policy in this area.
Each
of these bodies is concerned about regulation in general
- and not just about regulation in the context of
safety - but what they have to say about regulation
in general has an impact upon safety.I n summary,
the key points of the Government's policy is as follows:
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In
1998, Tony Blair announced that "that no
proposal for regulation which has an impact on
businesses, charities or voluntary bodies, should
be considered by Ministers without a regulatory
impact assesment being carried out." |
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In
the 2001 Labour Party’s business manifesto
‘The Best Place To Do Business’,
it was stated that the government’s intention
to ‘deregulate where desirable and regulate
with as light a touch as possible’. |
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In
early 2001 Mr. Blair met with representatives
from a number of the UK’s major corporations
and business organisations, to listen to and discuss
their views regarding ‘red tape’ and
the need to reduce the burden of regulation on
business. In accordance with a manifesto pledge
to introduce high quality business secondees to
the Cabinet Office and in response to concerns
expressed at that meeting, he invited the attendees
to nominate suitable employees for secondment
in order to focus on reducing the impact of regulation
on the private sector.
The Cabinet Office's 'Regulatory Impact Unit'
has a Business Regulation Team which was established
as a direct result of the Prime Minister’s
intervention to recruit private sector secondees,
three of whom form the core of the team. |
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In
2003, the Prime Minister in a foreward to a Cabinet
Office guidance on 'Regulatary Impact Assessment
stated: Where regulations or alternative measures
are introduced, this should be done in a light
touch way, with decisions informed by a full regulatory
impact assessment, which includes details of not
only the obvious costs and benefits of the proposal
but also the wider economic, social and environmental
impacts. New regulations should only be introduced
when other alternatives have first been considered
and rejected, and where the benefits justify the
costs. |
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In
2004 Budget, the following reforms were announced:
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Each
Government department will now report on
their 'regulatory performance' |
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The
Better Regulation Task Force (BRTF) will
analyse these reports. |
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Each
Department's regulatory performance will
have been taken into account in the July
2004 Spending Review. |
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In
future, any regulatory proposal likely to
impose a major new burden on business will
require clearance from the Panel for Regulatory
Accountability, chaired by the Prime Minister,
based on a thorough impact assessment of
the proposal agreed by the Cabinet Office
Regulatory Impact Unit, before the proposal
is put to wider Ministerial approval. |
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The
Panel will consider all such proposals in
the context of Departments’ "previous
regulatory performance and the overall burden
of regulation across key business sectors". |
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The
Government has asked Philip Hampton, former
finance director of Lloyds/TSB, BT and British
Gas, to consider, with business, regulators,
and in consultation with the Better Regulation
Task Force, the scope for promoting more
efficient approaches to regulatory inspection
and enforcement while continuing to deliver
excellent regulatory outcomes. |
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The
Health and Safety Commission
To
access document on HSC and Regulation, click
here
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