19 March 2004
Unnecessary impositions and over-zealous regulation by government agencies will be the focus of attempts to eradicate the 'regulatory creep' burdening Britain's public sector, according to the man overseeing Whitehall's latest anti-red tape drive.
Dr Kevin Hawkins, a leading member of the Better Regulation Task Force, has told Public Finance that arm's-length agencies such as the Health and Safety Executive have been identified as likely targets of a study intended to restore 'a sensible balance' between necessary bureaucracy and freedoms under Britain's regulatory regimes.
The BRTF, set up by the Cabinet Office in 1997 to advise ministers on regulation, announced on March 14 that it has declared war on regulatory creep – the extension of regulation in a way unintended by law makers – across both the public and private sectors.
Hawkins and fellow BRTF member Ian Peters will oversee a study on the issue to be published later this year, with the aim of stamping down on 'needless and costly burdens' in future.
It follows widespread discontent about the increasingly interventionist work of regulators such as the Financial Services Authority – which recently allowed banks to demand additional sensitive information from long-term customers before they would be offered new services – and the often-criticised Food Standards Agency.
Hawkins said these were obvious examples of problems being created by bodies, or the businesses they monitor, 'enforcing regulations in a way that goes beyond the actual requirements of the law'.
The BRTF includes confusion over interpretation of the Data Protection Act as another area that needs addressing.
That could have wider implications for many of Whitehall's departments, but Hawkins cautioned: 'On that issue, we're not necessarily saying that all public bodies are overstepping the mark. Police authorities, for example, can rest assured that we are not looking at rolling back their understandably strict requirements for shared information – you have to make a judgement about what is reasonable.
'But there might be some instances where we question the extent of checks on customers, for example, in some sectors.'
MPs criticise failures in rebuilding postwar Iraq
The Commons' defence committee has ruled that the government made serious misjudgements in its plans to stabilise and rebuild post-war Iraq.
In a report published on March 16, the result of a three-month inquiry, the committee particularly criticised ministers' failure to anticipate the disintegration of the Iraqi civil authorities.
'For the government to argue that it was unaware of the extent of the repressive brutality of the Iraqi regime strains credibility,' the MPs say. 'A realistic judgement, based on good intelligence, should have warned of the risk of serious disorder.'
The report criticises the then international development secretary, Clare Short. It had been suggested that she may have 'constrained' her department's ability to plan for a post-Saddam Iraq because of her opposition to the US and British-led military assault. Department officials denied this to the committee, but the MPs say: 'We remain to be convinced.'
Short said that claim was 'completely false' and complained that the MPs never gave her the chance to respond. 'If the rest of the report is as sloppy as that, it isn't of much value,' she told BBC Radio 4's Today programme.
Short stayed in the Cabinet until after the conflict, in spite of publicly expressed doubts, but later resigned in protest at the lack of United Nations' involvement in post-war Iraq.
The report criticises 'diplomatic caution' which, officials argued, delayed serious preparations for post-war rebuilding for fear of adding to the impression that war was inevitable.
NHF leaders admit more co-ordination is necessary
Leaders of the National Housing Federation have rejected MPs' accusations that the sector's regulation is a 'shambles'.
However, NHF chief executive Jim Coulter this week told a Commons committee that 'there isn't sufficient co-ordination at the moment'.
The Commons' housing, planning, local government and the regions select committee is investigating the role of the Housing Corporation – which regulates registered social landlords and is the main provider of public subsidy for affordable housing. It is subject to a government review and part of its previous role, inspection, was recently shifted to the Audit Commission.
Despite the changes, committee chair Andrew Bennett MP suggested on March 15 that regulation across the housing sector 'is a shambles', because of 'the number of regulators involved'.
But Coulter countered: 'What is the evidence for that? We would [merely] want to see more co-ordination of the regulators' relationships.'
Coulter and NHF chair Richard Clark admitted to 'potential for the Housing Corporation and Audit Commission to collide', in regulatory terms.
PFmar2004
