Conclusions and recommendations
1. Regulation is not simply a burden and it
can also offer benefits and protections for businesses, workers
and consumers. For example,
health and safety regulation has yielded the best safety record
in Europe and the number of fatalities at work fell from 1,000
a year in 1974 to 250 in 2006. In seeking to reduce the burden
of regulation, departments should not lose sight of the purposes
for which regulations have been introduced. When considering new
regulations, or amending regulations to reduce burdens, they should
assess the benefits as well as the full costs of regulation, and
only consider changes in the light of a balanced assessment of
both.
2. The Better Regulation Executive introduced
the Administrative Burdens Reduction Programme on the basis of
the potential benefits for business estimated in a similar exercise
undertaken by the Dutch Government. It
did so before any assessment of the actual outcomes of the Dutch
exercise, and evaluations of the Dutch experience now show that
businesses have not noticed the full impact of changes. In considering
new proposals for regulatory reform, the Better Regulation Executive
should assess the likely impact of the proposed changes, including
a rigorous assessment of both benefits and costs.
3. The Better Regulation Executive considered
that the Programme offered the potential for a £16 billion
increase in GDP for an initial investment of £35 million.
However, the strength of the link between the level of regulation
and productivity growth is not certain. The Department for Business,
Enterprise and Regulatory Reform has commissioned further research
to explore the link between regulation and productivity. In taking
this forward, the Better Regulation Executive should quantify
the impact of administrative burdens on productivity, and test
the robustness of the £16 billion estimated potential for
increasing GDP.
4. The consultancy costs of the measurement
phase were £17 million but staff costs were not recorded.
The Better Regulation Executive and departments should record
the internal costs of implementing the Programme and of the regulatory
reform agenda.
5. The £20 billion estimate of the total
administrative burden is not statistically reliable.
This calculation is based on small sample sizes and non-random
sample selection, and as a result cost estimates are only indicative.
In addition, cost estimates do not capture the benefits of regulation.
The Better Regulation Executive should not use these calculations
as a baseline against which to quantify the success of the Programme
or, if it does so, it should make clear the uncertainty in the
estimates.
6. Over 60% of small businesses cited the
level of regulation as an obstacle to their success.
Departments should follow the HMRC's example and assess the impact
of regulations on small businesses. They should also give priority
to relieving pressures on small businesses where it is practical
to do so.
7. The Better Regulation Executive set the
target for most departments to reduce burdens by 25% by 2010 without
assessment of what was achievable in each case, whereas HMRC's
lower targets are based on what is achievable.
Credible yet demanding targets can only be set on the basis of
an assessment of what is possible, and the Better Regulation Executive
should move towards a system of specific, evidence-based targets
for each department at the earliest opportunity.
8. 85% of businesses are not confident that
Government would reduce regulatory burdens and 75% thought that
burdens will increase. This Programme
will only be successful if businesses notice an impact on the
ground. The Better Regulation Executive and departments should
therefore tailor their communications to businesses to alert them
to changes in compliance requirements resulting from the Programme.
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