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‘An Experimental Offensive against the Mishandling of Risk in Society’: Reflecting on the Pioneering Work of the Risk and Regulation Advisory Council in the UK

Published online by Cambridge University Press:  20 January 2017

Adam Burgess
Affiliation:
Social Risk Research, University of Kent
Donald Macrae
Affiliation:
UNECE Group of Experts on Risk Management in Regulatory Systems, Dutch Risk and Responsibility Programme

Abstract

This article looks back at the history and legacy of the Risk and Regulation Advisory Council in the UK. The Council was the first government body to explicitly challenge a culture of overreaction to ‘public risk’, one of a number of ways in which it was a unique and interesting experiment in addressing the political dimension of contemporary regulation. Whilst the RRAC was ultimately unsuccessful in bringing about a change in how risk is managed by government it has, at least, left a useful intellectual legacy and, more practically, its work is effectively being taken forward by the Risk and Responsibility programme of the Dutch government.

Type
Research Article
Copyright
Copyright © Cambridge University Press 2012

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References

1 Risk Regulation Advisory Council, Response with Responsibility: Policy Making for Public Risk in the 21st Century (London: Department for Business, Enterprise and Regulatory Reform 2009), at p. 4 Google Scholar.

2 Donald Macrae was the council member and Adam Burgess the academic consultant, who became colleagues through discussions on the reports Burgess wrote. Burgess composed the original mapping document on ‘public risk’ and further reports on ‘regulatory storms’ and public inquiries.

3 Website of the International Regulatory Reform Conference 2011: Welcome. Available on the Internet at: <http://www.bertelsmann-stiftung.de/cps/rde/xchg/bst_engl/hs.xsl/prj_53890.ht> (last accessed on 16 July 2012).

4 Dodds, Anneliese, “The Core Executive's Approach to Regulation: From ‘Better Regulation’ to ‘Risk-Tolerant Deregulation”,40 Social Policy and Administration (2006), pp.526 et sqq CrossRefGoogle Scholar.

5 Dodds, “Core Executive's Approach”, supra note 4, at p. 530.

6 The same response was evident in other European countries. See Hood, Christopher and Lodge, Martin, “Pavlovian Innovation, Pet Solutions and Economizing on Rationality? Politicians and Dangerous Dogs”, in Black, Julia, Lodge, Martin and Thatcher, Mark (eds.), Regulatory Innovation: A Comparative Analysis (Cheltenham: Edward Elgar, 2006), pp.138 et sqq Google Scholar.

7 See Burgess, Adam, “Public Inquiries in the (Risk) Regulatory State”, 6 British Politics (2011), pp. 3. et sqq CrossRefGoogle Scholar.

8 Douglas, Mary and Wildavsky, Aaron, Risk and Culture, (Berkeley, CA: University of California Press, 1983)Google Scholar.

9 Vogel, David, National Styles of Regulation: Environmental Policy in Great Britain and the United States, (Ithaca, NY: Cornell University Press, 1986), p. 187 Google Scholar.

10 Jasanoff, Sheila, “Cultural Aspects of Risk Assessment in Britain and the United States,” in Johnson, Brandon and Covello, Vincent (eds.), The Social and Cultural Construction of Risk (New York: Reidel Press, 1987), pp.359 et sqq CrossRefGoogle Scholar.

11 Jasanoff, Sheila, “American Exceptionalism and the Political Acknowledgement of Risk”, 119 Daedalus (1990), pp.61 et sqq Google Scholar.

12 Vogel, David, The Politics of Precaution: Regulating Health, Safety, and Environmental Risks in Europe and the United States (Princeton, NJ: Princeton University Press, 2012)CrossRefGoogle Scholar.

13 Booker, Christopher and North, Richard, Scared to Death, (London: Continuum, 2007)Google Scholar.

14 Moran, Michael, The British Regulatory State: High Modernism and Hyper-Innovation, (Oxford: Oxford University Press, 2003)CrossRefGoogle Scholar.

15 Sunstein, Cass, After the Rights Revolution: Reconceiving the Regulatory State (Cambridge, MA: Harvard University Press, 1990)Google Scholar.

16 Burgess, Adam, “Flattering Consumption: The Growth of Consumer Rights and Product Safety Concerns in Europe”, 1 Journal of Consumer Culture (2001), pp.93 et sqq CrossRefGoogle Scholar.

17 Better Regulation Commission, Risk, Responsibility and Regulation: Whose Responsibility is it anyway? (London: Better Regulation Commission, 2006)Google Scholar.

18 A fourth topic – of the broader, obesity or climate change type – was floated but never agreed upon.

19 Available on the Internet at <http://www.official-documents.gov.uk/document/cm74/7448/7448.pdf> (last accessed on 16 July 2012). See also <http://www.policesupers.com/uploads/news/reducing-bureaucracy-policing.pdf> (last accessed on 16 July 2012) for a reference to it in a later study.

20 Adams, John, “Dangerous Trees?30 Arboricultural Journal, (2007), pp.95 et sqq. at p. 95CrossRefGoogle Scholar.

21 Bennett, Luke, “Trees and Public Liability – Who Really Decides What's Reasonably Safe?33 Arboricultural Journal (2010), pp. 141 et sqq CrossRefGoogle Scholar.

22 RRAC, Response with Responsibility, supra note 1, at p. 15.

23 E.g. Tree fall legislation criticised, Evening Herald (Plymouth), June 27, 2008; Tree Plan Typical of Intrusive Behaviour, The Journal (Newcastle, UK), June 26, 2008; Garden trees ‘need official safety checks’, The Evening Standard (London), June 20, 2008; Fears over tree plans, Somerset Guardian, August 7, 2008. All newspaper citations generated through Lexis Nexis database.

24 RRAC, Risk With Responsibility, supra note 1, p. 29.

25 For an outline of established approaches to risk see, for example, Taylor-Gooby, Peter and Zinn, Jens, Risk in Social Science (Oxford: Oxford University Press, 2006)Google Scholar.

26 The term was coined by one of the authors as a hook in the initial proposal to Prime Minister Gordon Brown.

27 Beck, Ulrich, The Risk Society: Towards a New Modernity, (London: Sage, 1992)Google Scholar.

28 For example, deputy prime minister John Prescott told the media that he would “leave no stone unturned in ensuring a safe railway system in which the public has confidence” as he announced an urgent independent review of train safety systems following a London rail crash in 1999. See Prescott orders rail safety review, BBC News Online, 6 October 1999, available on the Internet at: <http://news.bbc.co.uk/1/hi/uk_politics/467113.stm> (last accessed on 16 July 2012).

29 See Burgess, Adam, “Nudging’ Healthy Lifestyles: The UK Experiments with the Behavioural Alternative to Regulation and the Market”, 1(3) European Journal of Risk Regulation, (2012), pp. 3. et sqq CrossRefGoogle Scholar.

30 Generated on the Lexis Nexis newspaper database and searched on 15 March 2012.

31 Rosemary Bennett, “Risk watchdog is introduced to protect our spirit of adventure”, The Times, 16 January 2008

32 By comparison even the Better Regulation Commission was mentioned in 90 articles overall.

33 Matthew Parris, “Health and safety problems? Ring my new hotline!”, The Times, 31 January 2008, p. 19.

34 Gordon Brown, “I need your help to beat the terrorists”, The Sun 14 November 2007, p.8

35 Cited in Burgess, “Nudging Healthy Lifestyles”, supra note 29, p. 8.

36 Gordon Brown, “Banish the bags: Why Sarah and I know this is right”, the Daily Mail 29 February 2008, p. 5.

37 Articles can be found on the Internet at: <http://bis.ecgroup.net/Publications/AboutUs/RiskandRegulationAdvisoryCouncil.aspx> (last accessed on 16 July 2012).