CTSI Conference 2016 - Plenary 1 In this feature regulation enforcement consumer law CONFERENCE 2016 Question time Being a good regulatory service isnt just about nailing the bad guys, its about a balanced approach to supporting business and enforcing good regulation. Carina Bailey reports T Nicky Harrison (above) and Bill Good (right) he prospect of the EU referendum left its taint on the rst plenary of Conference held days before the historic Panel members vote with some panellists political persuasions evident Facilitator: during the lively Question Time-style session, hosted by Leon Livermore, CTSI chief executive, Leon Livermore. CTSI chief executive Despite veering off course on several occasions, with talk of low-powered hand-driers and hoovers, and staggering around in Panel: Anita Lower councillor dim light because of EU laws on lightbulbs, panellists gave some at Newcastle City Council thought-provoking views on the state of the UKs regulatory and member of the Local system and the direction regulatory services Government Associations are being taken as deeper cuts are made. Safer Communities Board Anita Lower, Newcastle councillor Bill Good, chief executive and member of the Local Government of Diverco Association Safer Communities Board, Steve Ruddy head of told the packed audience in Telford that Buckinghamshire and Surrey the regulatory system was unt for 21st Trading Standards Century Britain. Newcastle, she said, Nicky Harrison head of local has a big problem with blue-light calls delivery, Food Standards Agency for people overdosing on legal highs, with 150 incidents in January alone. She added: Yes, we now have regulation in place, but it doesnt stop people buying legal highs over the internet or taking them at home. This is about modernising regulation and understanding what the public wants, and also what can be achieved by trading standards. According to Lower, online activity such as gambling and buying legal highs is a major concern when it comes to vulnerable younger people with mental health problems, who can stick a card in a machine and lose money without thinking about it. There are no controls, she said. What we need is for the whole of the regulation sector to look at itself and make it more workable for the 21st century. Speaking of the trading standards review that was mothballed by government earlier this year, she said: Its amazing that the Cabinet Ofce has kicked out the report because they dont think its strong enough yet I dont think any of them have ever actually worked with trading standards. So theres a whole raft of things that need to be done. Theres a gulf as well, between people trying to make regulation and the people trying to enforce it. Experts required If Britain pulls out of the EU, rewriting consumer law will all fall on your heads Anita Lower (speaking before the referendum result was announced) Lower felt the top down approach to regulation results in local authorities having rules that apply to everyone, but which no-one ever uses. She also criticised local authority regulations move towards generic posts, claiming trading standards issues cannot be enforced by generalists because experts are required. When Livermore asked what businesses want, businessman Bill Good, chief executive of Diverco, said: I think they want someone who understands their business more than anything else. Speaking more generally, Good added: The rst thing we want is deregulation. It would be wrong for businesses to be totally unregulated but the greater freedom businesses have the more they prosper, which you can see if you look around the world. Its very important that regulation is for the majority and is not just trying to cover up a loophole otherwise you have a lot of regulation aimed at the minority that you never reach. He did stress, however, the importance of protecting those areas of business where scams occur, which is where effective enforcement is required. It is important that enforcement is considered in the context of the business that its in, Good added. There are areas where businesses trying to do business, to make money and to employ people may be falling or slipping down in a few areas and, mostly, they need help, not a heavy st. So its very important to get enforcement at the right level. Steve Ruddy, head of Buckinghamshire and Surrey Trading Standards, insisted good regulation is a prerequisite for competition and markets working effectively, as well as for giving consumers condence, adding: It shouldnt automatically be seen as a burden on business. He also believes that the language used is important when considering issues of regulation. He gave the governments Red Tape Challenge as an example: If you start off with red tape challenge, the language says something about deregulation. If you start off by saying a review of how to protect health and safety of communities, that says something else. Its the language that we use that conveys quite a lot. What we need in the regulatory sphere is to be proportionate, and always focus on the areas of greatest risk risk and harm. If youre not the biggest advocate for what you do, no-one else will be either Leon Livermore Assurance model What we need is for the whole of the regulation sector to look at itself and make it more workable for the 21st century Anita Lower When it comes to food, Nicky Harrison, head of local delivery at the Food Standards Agency, said regulation enforcement is based on fairly outmoded models of working for example, carrying out physical inspections rather than taking advantage of the huge technological advances. The vast amounts of data in a very large number of food businesses could be taken advantage of in the regulatory system through some sort of assurance model, she added. Harrison felt the way forward was to reinforce that businesses are responsible for making sure their products are safe, using a system that takes advantage of the data and information available from their own rms. Using some sort of assurance model would ensure that companies make this happen, rather than trading standards ofcers doing it. However, Good warned that enforcement should still be a key part of the agenda: It is important that, when things do go wrong, there is real, serious punishment of the people in those industries. Because what you want in a self-regulating body is that responsibility of the directors to ensure they are following those regulations and good guidance and, actually, I dont think good guidance needs to be regulated. He added that self-regulation is a good way of putting regulation costs onto businesses. During the debate, which took place before the historic vote on the UKs membership of the European Union, Lower warned the audience that if Britain pulled out rewriting consumer law would all fall on your heads. In summing up, Livermore told them: If youre not the biggest advocate for what you do, no-one else will be either. We are quite a shy profession. The job you do is unique; its one of the few jobs that balances the public good with business good and looking after our citizens. Whatever happens, whatever Friday morning [the day after the EU referendum] brings, that will still be our job. Credits Carina Bailey is editor of TS Today. Images: Sam Atkins To share this page, click on in the toolbar What we need in the regulatory sphere is to be proportionate, and always focus on the areas of greatest risk risk and harm Steve Ruddy You might also like The right move? August 2015