Slide1 : presentation for
The Better Regulation Commission
&
National Audit Office
London
29 November 2006
www.John-Adams.co.uk
John.Adams@UCL.ac.uk
Risk, Regulation and Society
Slide2 : Recommendation 7 –
Launch a 2007 campaign against regulatory inconsistencies and absurdities Recommendation 8 –
Provide high quality training in risk management Whose risk is it anyway? “Enough is enough”
“Time to turn the tide”
Slide4 : “They are criticised both for intervening and failing to act” “the importance of resilience,
self-reliance, freedom, innovation and a spirit of adventure …”
Slide5 : 107. Lord Reay (Chairman) Your opposition to the release of GMOs, that is an absolute and definite opposition? It is not one that is dependent on further scientific research or improved procedures being developed or any satisfaction you might get with regard to the safety or otherwise in future?
(Lord Melchett) It is a permanent and definite and complete opposition based on a view that there will always be major uncertainties. It is the nature of the technology, indeed it is the nature of science, that there will not be any absolute proof. No scientist would sit before your Lordships and claim that if they were a scientist at all.
House of Lords Select Committee on GM Crops, Minutes of Evidence,
3 June 1998
Slide6 : The legislators
Enforcers
Compliance managers Single issue campaigners Lawyers
Insurers
Slide7 : Recommendation 7 –
Launch a 2007 campaign against regulatory inconsistencies and absurdities
Slide10 : The death of Captain Cook “If you can make one heap of all your winnings
And risk it on one turn of pitch and toss
….
You’ll be a man my son.”
Slide15 : “Despite the BBC's opinion of our approach to risk assessment, information like this has allowed us to continue taking our students into the field safely and without fear of litigation. Safety Services are encouraging us to keep up the good work.”
Slide16 : Recommendation 8 –
Provide high quality training in risk management Understanding and measuring risk – differences between real and perceived risks. Education
X
Three kinds of Risk : Three kinds of Risk e.g. climbing
a tree, riding
a bike, driving, car e.g. cholera: need
a microscope to
see it and a
scientific
training to
understand Scientists don’t
know or cannot
agree: e.g. BSE/vCJD,
global warming,
low-level
radiation,
pesticide
residues, HRT, mobile phones,
passive smoking,
stock market ….
Slide19 : “I’m sick and tired of hearing that ‘health and safety’ is stopping people doing worthwhile and enjoyable things when at the same time others are suffering real harm and even death as a result of mismanagement at work.”
“[People should] focus on real risks – those that cause real harm and suffering – and stop concentrating effort on trivial risks and petty health and safety.”
Bill Callaghan, Chair of the HSC (overseer of the Health and Safety Executive) - 22 August 2006
Slide20 : Sensible risk management IS
about an acceptance of accidents.
Slide21 : Perception
of risks Accidents Propensity to
take risks Balancing
behaviour
Slide22 : Perception
of risks Accidents Propensity to
take risks Balancing
behaviour Rewards Bottom loop only BMJ bans “accidents”
2 June 2001 Injidents
Reducing risks, protecting people exercising a powerful influence for accident prevention
Slide25 : The risk thermostat Money, power,
love, glory, food,
sex, rushes of
adrenaline,
control ... Money, health,
life, status,
self-esteem,
embarrassment,
jail, loss of control ...
Slide26 : Risk
Slide27 : www.acm.ab.ca/safety/images/ fault-tree.gif
Slide29 : A coroner is urging the National Trust to check all beech trees on its land after a decaying tree collapsed and killed an eight-year-old boy. Timothy was walking with his parents, brothers, Jamie, 20, Daniel, 14, and sister Bethany, four, with other relatives when the 120ft beech fell in winds of up to 67mph. "The tree fell as a result of its previously unidentified poor condition combined with a sudden and severe change in the prevailing weather conditions," Greater Manchester Police investigated the death but there was insufficient evidence to prosecute, the coroner said.
A Health and Safety Executive investigation is ongoing. BBC report 19.07.06:
http://news.bbc.co.uk/1/hi/england/manchester/5194540.stm
Slide30 : Source: Julian Forbes-Laird, Arboricultural Newsletter, No 123 (December 2003). National Tree Fatality Database
Slide31 : 2000 The broadly acceptable region: “risks falling into this region are generally regarded as insignificant and adequately controlled.”
Slide32 : the present hindsight
Slide33 : Culpable negligence
Slide34 : Culpable negligence
Slide35 : “The swings are packed away at night because kids might climb the fence and use them unsupervised and hurt themselves.”
Slide36 : Prime Minister’s speech to IPPR, 26 May 2005
I call [for] a sensible debate about risk in public policy making. In my view, we are in danger of having a wholly disproportionate attitude to the risks we should expect to run as a normal part of life. This is putting pressure on policy-making, not just in Government but in regulatory bodies, on local government, public services, in Europe and across parts of the private sector - to act to eliminate risk in a way that is out of all proportion to the potential damage. The result is a plethora of rules, guidelines, responses to 'scandals' of one nature or another that ends up having utterly perverse consequences.
Slide37 : 1. Handling risk should be firmly embedded in government’s policy making, planning and delivery. 2. Government’s capacity to handle strategic risks should be enhanced. 3. Risk handling should be supported by good practice, guidance and skills development. 4. Departments and agencies should make earning and maintaining public trust a priority when dealing with risks to the public. 5. Ministers and senior officials should take a clear lead in improving risk handling. 6. The quality of government risk management should be improved through a two-year programme of change, linked to the Spending Review timetable,
and clearly set in the context of public sector reform.
Slide38 : TERMS AND CONDITIONS FOR VISITING SPEAKERS/CONSULTANTS
Definitions:
1. ‘CMPS’ means the Centre for Management and Policy Studies, Cabinet Office.
2. ‘The Contractor’ is the person who by contract undertakes to render services for CMPS.
3. ‘The Contract’ is the letter confirming in writing the agreement between CMPS and Contractor.
4. ‘The Fee’ as described in the Contract Letter means the price exclusive of Value Added Tax (VAT), payable to the Contractor by CMPS for the full and proper performance by the Contractor for his/her part of the Contract. In addition, travel and subsistence may be claimed where applicable and agreed beforehand.
Travel and Subsistence
5. Reasonable travel expenses will be refunded and the conditions are stated in the Contract Letter itself. CMPS may return an invoice for adjustment if taxi fares have been charged.
6. Any payment for subsistence should be agreed with CMPS before the expenses are incurred.
7. If it is agreed that it is necessary for the Contractor to stay in overnight accommodation, the bill should be paid in full by the Contractor on departure. The Contractor may then charge CMPS for these costs - incidental expenses such as phone calls, faxes, drinks etc., will not be refunded. A copy of the bill should be attached to the Contractor’s invoice for reference. The only exception to this is where the entire Programme or event is being held in a hotel and CMPS will receive one invoice from the hotel for all accommodation, room hire, meals etc., for Programme participants and speakers. However, the Contractor shall still settle their incidental expenses on departure. Overnight accommodation and all meals should not exceed the amount stated in the Contract letter without prior approval.
Variation of Contract
Health and Safety
8. Any variation of any provision of the Contract must be effected in writing by CMPS. In the event of any change or cancellation of the Programme or event CMPS will give the longest possible notice. No cancellation fee will be paid if 4 weeks or more notice is given of the change. If the Programme or event is cancelled at shorter notice than this then consideration will be given to any claim for actual expenses incurred by the contractor.
9. The Contractor should inform CMPS in writing as to any reasons why the Contract may not be fulfilled as agreed.
Contractor’s Organisation
10. All personnel employed by the Contractor deployed on work relating to the Contract must have appropriate qualifications and competence and in all aspects be acceptable to CMPS. Where so required, full particulars of all personnel so employed shall be forwarded in advance to CMPS for confirmation of acceptability.
11. The Contractor shall take all reasonable steps to avoid changes of personnel assigned to and accepted for the work under the Contract except whenever changes are unavoidable or of a temporary nature caused by sickness etc.
12. For security reasons the Contractor shall take the steps reasonably required by CMPS to prevent unauthorised persons being admitted to CMPS’s premises or those of CMPS’s clients.
Payment
13. No additional fee will be paid unless authorised in advance. Itemised claims, accompanied by all necessary documentation, shall be submitted to CMPS for scrutiny and approval. Unless otherwise stated in the Contract, payments shall be claimed in writing (invoice or letter) within one month of completing the work, quoting CMPS’s reference and addressed to the person specified in the Contract letter. Payment will be made within 30 days of receipt and agreement of invoices for work completed to the satisfaction of CMPS.
14. Payments may be withheld or reduced by CMPS in the event of unsatisfactory performance.
15. VAT, where applicable, shall be shown separately on all invoices as a strictly net extra charge. A VAT number shall be quoted on any invoice where VAT is charged.
Provision of Equipment
16. Any equipment provided by CMPS for the purpose of the Contract shall remain the property of CMPS and shall only be used for the purpose of carrying out this Contract; to be returned promptly to CMPS on completion of work or expiry or termination of the Contract.
17. The Contractor will reimburse CMPS for any loss or damage to the equipment (other than deterioration resulting from normal and proper use) caused by the actions of the Contractor or any employee or agent of the Contractor.
18. Any computer disc intended to be used by the Contractor on CMPS’s IT equipment must be delivered to the Programme Coordinator a week in advance of work to be swept for viruses.
Copyright
19. CMPS must abide strictly by the rules governing copyright. The Contractor, therefore, shall ensure that any materials or aids used are free from copyright restrictions.
Property Rights
20. All rights in the results of work undertaken by, or on behalf of, the Contractor for the purposes of the Contract, including any data, reports, drawings, designs, handouts or other material produced or acquired in the course of such work remain the property of CMPS. This applies where notes are prepared as handouts for Programmes run on behalf of CMPS. The Contractor may not use this material for their own purposes elsewhere without prior approval from CMPS.
21. Work arising as a result of the Contract may not be undertaken by the Contractor without prior permission of CMPS, even if the Contract has been completed.
Confidentiality
22 The Contractor will come into contact with Programme participants and clients who are encouraged to discuss work issues freely. All official information acquired as a result of the Contract must be regarded as confidential. It should not be discussed or mentioned in any subsequent publication, speech or lecture without the prior permission of CMPS, or the person from whom the Contractor obtained the information.
23. The Contractor shall not communicate with representatives of the general or technical press, radio, television or other communications media regarding any aspect of the Contract unless specifically granted permission to do so in writing by CMPS.
Equal Opportunities
24. The Contractor shall reflect CMPS’s equality of opportunity policy in specific content and also in their style, nature of handouts, use of non-sexist and non-racial language and avoidance of the use of stereotypes.
Health and Safety
25. The Contractor shall consider their own health and safety and that of any persons involved with the Contract, such as Programme participants, at all times and not put themselves or others at risk.
Slide39 : Contract for Cabinet Office Seminar
TERMS AND CONDITIONS FOR VISITING SPEAKERS/CONSULTANTS
Health and Safety
25. The Contractor shall consider their own health and safety and that of any persons involved with the Contract, such as Programme participants, at all times and not put themselves or others at risk.
Slide40 : Risk management
Slide41 : John.Adams@UCL.ac.uk
www.John-Adams.co.uk