EMS as a tool for better regulation

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EMS as a tool for better regulation
Lord Jamie Lindsay 29th November 2007
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Better Regulation Commission

• To advise the Government on action to
• Reduce unnecessary regulatory and administrative
  burdens
• Ensure that regulation and its enforcement are
• Proportionate
• Accountable
• Consistent
• Transparent
• Targeted
• Avoid unintended consequences

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Better Regulation Commission

• Risk Report Recommendations included
• Change our approach to risk
• Re-target the responsibility for managing risk
• Reduce the high cost of risk management
• Review the stock of regulation
• leave the responsibility for managing risk with
  those best placed to manage it
• embark on state regulation only where it
  represents the optimum solution for managing
  risk
• re-examine areas where the state has assumed
  more responsibility for peoples lives than is
  healthy or desired

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Objectives of better regulation

• Less administrative burden
• Greater focus on the free-loaders
• Legislation and regulatory activity only where
  necessary
• Focus on the results rather than the process
• IN SHORT MORE FOR LESS

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Objectives of better regulation
Legal activities
PRAGMATIC
ANGELS
aware
unaware
NEUTRAL
ROGUES
Illegal activities
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What is Accreditation?
Formal recognition that an organisation is
competent to carry out specific tasks or types of
tasks Impartial, independent assessment of
competence against international standards

• UKAS ACCREDITATION ENSURES THAT STANDARDS ARE
  APPLIED
• IMPARTIALLY
• CONSISTENTLY
• RIGOROUSLY
• BY COMPETENT PERSONNEL
• USING, WHERE APPROPRIATE, CALIBRATED EQUIPMENT
  AND FACILITIES

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Accreditation Principal Drivers

• Better regulation, efficient government, public
  sector procurement
• Confidence, trust, credibility, reliability,
  assurance
• Zero Risk, Zero Liability
• Good Best practice
• Quality Well-Being
• Sustainability, Risk management, corporate
  governance responsibility
• Tradability, specification, competitiveness,
  innovation
• Multi-sectoral, multi-disciplinary applications
• International recognition

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UKAS - where do we fit?
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UKAS underpins..

• ..the credibility and robustness of a wide
  spectrum of standards and services, ranging
  across
• Environmental Management Systems
• Health Protection Agency
• Food Safety Labelling
• Emissions Trading Scheme
• High Speed Rail Interoperability
• Medical Devices
• CORGI gas installers
• Building Regulations
• Asbestos testing surveying

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Evolving EMS rigours
Illust. Vilhelm Pedersen from The emperors new
clothes
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Evolving EMS rigours

• UKAS increased oversight of 3rd party EMS
  certification
• COMPLIANCE
• Guidance compliance/compliance management
  EA07/04
• All accredited certification bodies to abide by
  this
• TRANSPARANCY
• 2007 IEMA requesting info for register of EMS
  certificates
• UKAS follow-up to IEMA using ISO/IEC17021
• CONSISTENCY and ROBUSTNESS
• New UKAS requirements
• UKAS suspensions (information is available on
  the website)
• UKAS can accept, and will investigate,
  complaints from the public, regulators, industry
  or NGOs regarding the performance of CBs

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Linking EMS and regulation
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Linking EMS and regulation
Staff
Product
Manufacture or Service provision
Raw materials
Utilities
Waste materials
Public accountability
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More efficient regulation
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More effective regulation
Source European Space Agency, 2004-2005
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Where are EMS today ? - Defra

• HMG statement on how EMSs can help business the
  public sector reduce their environmental impacts
• Organisations should use a robust and credible
  EMS that is appropriate for improving their
  environmental and financial performance
• Organisations implementing an EMS should use a
  national or international standard or scheme
• An EMS should be audited by an independent
  certifier accredited by the UKAS
• An EMS should help improve environmental and
  financial performance through the supply chain.
• An EMS that demonstrates good management of
  legislative compliance should be used to help
  achieve regulatory benefits such as reduced fees
  and charges

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Where are EMS today ? - UK

• Recognition in the Environment Agencys OPRA
  scheme more for EMS that is certified by an
  accredited body
• Sector-specific recognition e.g. OSPAR guidance
  for offshore oil platforms
• Licenses, Permits, Permissions, Grants
• Customers, Corporate Governance, Risk, PR
• Financial Sector insurers, lenders, investors

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Where are we today ? EU/Global
AU CR DK D E EST FIN F IRL IT NL NO P S UK Other
Permit procedure
Permit content
Permit periods
Permit charges
Monitoring
Reporting
Inspections USA
Inspection charges
Enforcement
Mandatory EMS ()
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EMS Future Opportunities

• Harmonisation of competence
• Definitions of expectation
• Demonstrating value
• Routine communication between parties
• Public domain information

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EMS Future Opportunities

• Mutually supportive
• Comparative growth
• Alternative means of demonstration
• Barriers
• Defined types of EMS

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Delivering the Future

• Fit-for-purpose EMS
• Case Studies
• Solution-led approach
• Collaborative ownership
• Multiple Benefits
• Convincing Government