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Discretion: Balancing transparency, effectiveness and fairness

Discretion: Balancing transparency, effectiveness and fairness. Outcome focused regulatory delivery. Boundaries to discretion. Reviews, complaints, management information. Accountability. Rules. To businesses, citizens and civil society including through government.

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Discretion: Balancing transparency, effectiveness and fairness

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  1. Discretion: Balancing transparency, effectiveness and fairness

  2. Outcome focused regulatory delivery Boundaries to discretion Reviews, complaints, management information Accountability Rules To businesses, citizens and civil society including through government Legislative frameworkCodes of Practice Anti Corruption Requirements Values/Culture Competency(Qualifications & CPPD) Leadership

  3. 1. The need for discretion • Inevitability/language • Multiple outcomes 2. The boundaries of discretion • Rules • Accountability • Competency Discretion

  4. Why discretion? #1 Language “For you know sometimes words have two meanings” Necessity – words!

  5. Regulatory Discretion and the Policy Cycle Social Problem Evidence Discretionary Bandwidth Policy Law Codes and Guidance Precedent Regulatory Practice and Priorities Business and Inspection Interaction

  6. Why discretion? #2 Multiple outcomes Good regulation is: ...choosing the right methods to move from risk to outcomes Risks Interventions Outcomes

  7. Outcomes

  8. Outcome focused regulatory delivery Boundaries to discretion Reviews, complaints, management information Accountability Rules To businesses, citizens and civil society including through government Legislative frameworkCodes of Practice Anti Corruption Requirements Values/Culture Competency(Qualifications & CPPD) Leadership

  9. New UK Regulators Code All require business engagement Support growth Engage & listen Base activity on risk Share risk data Provide advice Publish clear standards

  10. We need ‘complaints’ • Sustainable improvement comes from within • Must be based on intelligence from outside • Complaints are one source of intelligence but businesses don’t complain! • Why - • ‘guilt’ • Fear of reprisals • Better things to do

  11. Solutions • Institutions for public/private dialogue • Business Reference Panel • Better Business for All • Transparent standards • Regulators’ Code • Accessible mechanism • Web • Hotline • Panels • Ombudsman/Non executive directors • Proactive behaviour • Surveys • Focus groups

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