Criminal Liability in Regulatory Contexts Responses - Law ...

1.193 Any self regulatory scheme itself has to be such that it complies with minimum
requirements. It will need to have a code of compliance, a complaints procedure
and a disciplinary procedure. Ultimately, the sanction will be removal from the
code and a return to the usual regulatory enforcement methods, but the reality of
course in such a situation is that a person found to be in breach and expelled
from the self regulatory scheme is likely to merit more careful scrutiny by the
regulatory body itself.
1.194 The RLA has devised a scheme and details of this scheme appear in the
Appendix. We strongly believe that this is a model which can be applied more
widely. Importantly, in our view, legislative encouragement needs to be given by
the making of appropriate orders using the existing legislative vehicles.
1.195 The RLA has worked with Hull City Council and Humber Landlords Association to
develop a model of self inspection of properties in Hull (known as the PEAL
Project). Its worth has been proven by a significant reduction in the number of
service requests from tenants for housing interventions by the local housing
authority/environmental health team. This model has now been incorporated into
Hull City Council’s housing enforcement policy so that if a service request is
received then it will initially be dealt with by the landlord concerned. The local
authority will carry out appropriate checks to ensure compliance and training of
landlords is a precondition.
1.196 Importantly, this leaves the regulator to deal with those people who really need
effective regulation.
1.197 In this Country the regulatory burden has undoubtedly increased over the years.
As Governments come and go its nature changes but inevitably there is always a
call for greater rather than less regulation. The reality, as the consultation paper
rightly points out is many laws are actually not enforced or, if they are, it is very
much on a hit and miss basis. If anything happens there is always a call for more
regulation; “something has to be done about this”. If there is a major problem
then there is a knee jerk reaction. We believe that there is a need for more cost
effective but smarter regulation, reducing the overall burden of regulation as well.
In turn hopefully this would reduce over time the perception we have already
referred to. This is vital in competitive globalised economy. Therefore, the RLA
very much welcomes the whole tenor and thrust of this consultation paper. We
are of the opinion that schemes such as informal enforcement and co-regulation
outlined in a previous sections in this response are the way forward and that it is
not just about looking at decriminalising regulation as far as possible,, but also
looking at ways of improving regulation altogether. For example, coupled with
accreditation in the PRS, one can introduce say gold and silver standards over
and above the basic bronze standard. This is what has happened through self
regulation in the hotel industry. Thus, self regulation can act in a positive way to
raise standards.
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