The latest edition of The Regulation Podcast focuses on the concept of regulatory capture - what it is and how regulators can avoid getting caught - hearing the expert views of Dr Eva Heims of York University and Dr Justin Rex of Bowling Green University USA, drawing on case studies in their academic publications.

A short guide to regulatory capture from Dr Heims is here: ‘Regulatory-capture-A-short-guide-for-practitioners.pdf’ She will also be contributing to our online workshop on regulatory capture, Thursday 05 December 2024.

The latest Regulation Podcast focuses on AI and how regulators should respond to it. Two global experts, Prof. Julia Black of the LSE and Joey Conway of Deloitte, discuss what AI is, the problems and opportunities it brings, and how regulators should meet its challenges. The main recommendation to regulators is to learn more; and then to work with others. AI crosses sectors and national boundaries. Regulators must too. The Institute of Regulation is in contact with the UK's Digital Regulation Cooperation Forum and others to explore these issues, and hosting events in the autumn for all our members to foster wider collaboration within the UK regulatory community on AI issues. In the meantime, you can listen to the podcast here.

In Episode 4, we are joined by Grant Pink, Managing Director at RECAP Consultants, and Author of the well-thumbed book “Navigating Regulatory Language: An A to Z Guide”, as he discusses:

• What's the point of regulation?
•  The difference between regulation, compliance and enforcement
• "The Language of Regulation"

In Episode 5, we are joined by Geoff Mulgan, Professor of Collective Intelligence, Public Policy and Social Innovation at University College London who has been advising and driving public policy and strategy for the last 30 years. Listen in, as Geoff explores:

•  Has effective regulation has helped deliver better social outcomes in the UK?
•  How can better regulation help to create a world in which people thrive and where we improve our democracy, welfare, neighbourhoods or education?
•  Post Brexit, what are the biggest regulatory challenges facing the UK?
•  The role of ‘anticipatory regulation’ in helping regulators and government identify, build and test solutions to emerging challenges

In Episode 6, we are joined by Jonathan Morgan, Consultant at Saxon Bampfylde. Having been a guiding mind behind some of the biggest regulation leadership appointments over the last few years, Jonathan helps explain some of the secrets that make great leaders in the sector and gives advice on how to go about developing a career in regulation

Jonathan discusses:

• Attracting the brightest, smartest young professionals to regulation
• Tips to finding a top regulatory job 
• How careers in regulation have changed over the last 10 years or so
• Why increased public scrutiny of regulation can make it tougher to attract the best candidates  
• What key character traits lead people towards careers in the Regulation sector

In this latest podcast we focus on “Regulation in public life – what make it work” and explore the way effective regulation can improve the democratic process and underpin the public’s confidence in decision makers.

Our guest is Kathryn Stone OBE, chair of the Bar Standards Board and former Parliamentary Commissioner for Standards. In her career Kathryn has moved from one high profile role in regulation to another so it is well placed to offer her view on the sector.

Before taking up her new role at the Bar Standards Board in August Kathryn was Parliamentary Commissioner for Standards, a post that she held since January 2018. Before that she was Chief Legal Ombudsman for England and Wales from 2016 and served as a Commissioner with the Independent Police Complaints Commission and at the Commission for Victims and Survivors in Northern Ireland.

In the podcast Kathryn discusses a range of issues including:

• The challenge of regulating high profile individuals and institutions;
• From MPs to barristers - speaking truth to power;
• The character traits of a successful regulator;
• The role of the Institute of Regulation to drive professional standards;
• What drives her to regulate;
• Advise to anyone thinking of a career in regulation.

In this month’s podcast we focus on professional regulation and explore “Why do we need regulation of professionals”.

During this episode we are joined by guest speakers Alan Clamp, Chief Executive Officer of the Professional Standards Authority for Health and Social Care, and Alan Kershaw, Chair of the Architects Registration Board.

Topics covered in the podcast include:

• why is the regulation of professionals necessary?
• what makes regulating professionals different from regulating organisations?
• what are the current challenges facing the regulation of professional today
• how can the IOR help the world of regulation?
• how can good regulation drive better outcomes for the public
• advice for existing regulators or anyone keen to get in the world of regulating professions

In this podcast we talk about striking the balance between “Regulation to protect; regulation to improve” and explore the ways that effective regulation can work to not only improve the world around us but also to protect the public from harm and ensure that the services we rely on are actually up to scratch. 

To guide us through this complex subject, my guest today is Dame Glenys Stacey, Chair, the Office for Environmental Protection. In her career Dame Glenys has held a number of CEO and regulatory positions and led many public-sector organisations.  She has been responsible for high profile legal or regulatory services that have worked both to protect the public and improve services – most recently with leading regulation roles in Education and the Probation Service.

Dame Glenys' career has included many high profile roles in regulation such as Chief Regulator at Ofqual from 2012 to 2016 then again briefly in 2020 during the pandemic exams crisis, Her Majesty’s Chief Inspector of Probation for England and Wales from 2016 to 2019, Chief Executive at Animal Health, chair of the Professional Standards Authority and of course she now lead the Office for Environmental Protection. 

Clearly given the recent discussion surrounding the role of Ofsted in schools following the tragic suicide of a headteacher, Dame Glenys’ view on the way regulation and inspection should work to protect and improve public services is of great interest.

In this month's podcast we are joined by Dr Russell Richardson, General Counsel and Company Secretary of the North Sea Transition Authority (NSTA).

The NSTA is the body that regulates and influences the oil, gas and carbon storage industries. Russell is also leading the Institute of Regulation’s new Special Interest Group on Enforcement.

The podcast focuses on enforcement and its role as a key lever for change in the regulation toolkit.

It is a complex and challenging area but this podcast should help regulators learn a bit more about how they might approach enforcement. Th conversation also touches on when and what penalties might be applicable to encourage desired behaviour and discusses what other types of incentive or action might be preferred.

Bim Afolami MP, chair of the Regulatory Reform Group, Conservative MP for Hitchin and Harpenden

In this podcast we explore the findings of a recent report by the Regulatory Reform Group, “The Purpose of Regulation".
The Regulatory Reform Group is a group of Conservative MPs have come together specifically, as they put it “to help shape a regulatory system which, following Brexit,” they say, “needs to have democratic accountability at its heart.”
The report asserts that lack of focus on outcomes means there is, in reality, “little to no democratic oversight of the systems controlling vast amounts public expenditure each year.
In a post Brexit Britain, it adds, consumer outcomes must be at the centre of "a new systematic approach to all regulatory activity", if the UK economy is to benefit from its new life outside the EU.
Much to discuss and, as usual, to give listeners a new perspective on the priorities and challenges faced by regulators and a clearer understanding of how the Institute of Regulation can help drive positive change.

Digital technologies sit at the heart of every industry, business, government and organisation operating around the world today as data is emerges as a vital lever to drive efficiency and prompt change. We are seeing a radical shift in thinking and huge growth in investment as we embrace the power of new data analysis technologies and artificial intelligence.

Regulation is, of course, central to this transformation. Not only are we seeing the rise in so-called “regtech” as the sector changes to embrace new digital technologies but regulators overseeing every part of the UK’s economic and social landscape are racing to keep up with the consequences of technologies such as Artificial Intelligence – intended of otherwise – that are being brought about by this change.

It is a subject being delved into regularly by the Institute of Regulation’s Special Interest Group on Digital & Technology so to find out more, let me introduce my guest today, Mark Sutton, Chief Digital and Data Officer at Quality Care Commission (CQC), who leads this Group.  

The latest half-hour episode of the Regulation Podcast explores how to regulate vets, with speakers from our member the Royal College of Veterinary Surgeons. It presents a case study of one sector, where the regulator is working within outdated legislation and with the consequences of Covid, where more people bought pets but more vets left the profession. Like other regulators, the RCVS has conflicting stakeholders with different demands, ranging from pet owners and farmers through to scientists and government. To listen to the challenges facing the UK's vets regulator, with Lizzie Lockett CEO RCVS and Ben Myring, Policy and Public Affairs Manager, RCVS you can listen here.

In this month's podcast, we discuss what it would mean for regulation to become a recognised profession. We hear from Leonie Milliner, CEO at the General Optical Council, Michael Hanton, Deputy Chief Regulator at Ofqual, and Meg Matthews, Head of Development and People at the Office for Students. They discuss what being a professional regulator means, how skills can be improved, and knowledge transferred, and how they describe what they do to people who don't understand regulation! 

In this podcast we explore what makes a good regulation strategy – and find out why regulators must ensure their strategies are flexible and agile enough to meet the changing demands of society and modern industry.

To discuss this challenge, our guest today is Andrea Sutcliffe CBE, Chief Executive and Registrar of the Nursing and Midwifery Council, the independent regulator for nurses and midwives in the UK, and nursing associates in England.

The NMC regulates over 800,000 professionals with a vision to ensure safe, effective and kind nursing and midwifery practice that improves everyone’s health and wellbeing. Andrea is just starting the process of forming her second five-year strategy for the Council , having previously planned, launched and driven the last one from the moment she arrived at the organisation in 2019. 

As Andrea explains in the podcast, this next strategy has been delayed by a year to now cover 2026-2031 due to the pressures of a post Pandemic workload at NMC. Clearly there has been a huge amount of change in nursing sector in that time – not least caused by the pandemic, the first ever industrial action by nurses in 2022 and of course pressure on skills in the sector caused by Brexit.

And with a General Election coming down the track this year it is unlikely we will see any less turbulence. Andrea discusses all these challenges.

Matthew Gill, Programme Director at the Institute for Government and trustee of the IOR
In today’s discussion will try to unpack the complex relationship between regulation and government and in particular explain and explore how improving one can boost outcomes for the other.

To help with this meaty challenge, our guest today is Matthew Gill, Programme Director at the Institute for Government and something of an expert in both regulation and in the workings of government. Most recently Matthew joined the Institute of Regulation as a director and trustee, where no doubt he will be working hard to champion - and challenge - the role of regulators.

And while we are at it, we also get Matthew’s views on what the regulation sector might expect from this General Election year in terms of likely change coming down the track from a new or perhaps refocused administration.

Guest: Prof. Martin Lodge, professor of political science and public policy at the London School of Economics

Subject: “The fundamentals of regulation”

Our latest podcast guest is Martin Lodge, professor of political science and public policy at the London School of Economics. 

Alongside his day job at the LSE, Martin runs the Institute of Regulation’s new two-day Fundamentals of Regulation course which is specifically designed as a foundation for regulatory professionals and aimed at those who are new to the profession or have only a limited experience in the sector.

In the podcast - and on the course - Martin covers a huge amount of ground on a range of issues such as standards, enforcement, risk assessment, the politics of regulation, and the power of engagement with the public and consumers. He delves into his decades of experience in regulation – experience which has led to him to be known as “one of the leading scholars of regulation”. 

In Episode 1 of The Regulation Podcast, Founder of The Institute of Regulation and Chief Executive of Equality and Human Rights Commission, Marcial Boo, discusses:

• The key issues facing the regulation sector including the role of modern Regulators and regulation in improving public services,
• The skills required to drive forward the regulation sector and,
• The Institute of Regulation’s role in helping to professionalise the sector.

In Episode 2, Ofsted’s Matthew Coffey and Ofqual’s Michael Hanton discuss:

• The key issues facing the regulation of education including how regulation can accelerate education sector’ post Covid recovery,
• The skills required to drive forward the regulation sector and,
• The role of the Institute of Regulation in helping to share knowledge across the profession.

In Episode 3, the Civil Aviation Authority's Policy and Strategy Director Tim Johnson discusses the complex world of aviation, focusing on:

• The issues and current priorities within the CAA,
• How to learn from international counterparts and,
• The massive impact Covid has had on the global aviation sector.

Regulation is evolving. No longer is it about command-and-control, tick-box inspections. And the risk-based, principled approach is changing too. Leading academics and practitioners now consider that regulators must think of their regulatory domain as a complex system with many actors. This has implications for how regulators approach their work, with a need for agility in their rules and their processes. Episode 21 of the Regulation Podcast in discussion with academic Martin de Bree from the Netherlands and practitioner Alan Clamp from the Professional Standards Authority. 

This month's podcast focuses on the regulation of behaviour in the film, music and other creative industries, where a new regulator has been created. It aims to protect everyone in those industries from bullying and abuse from powerful executives or famous stars. The regulator is the Creative Industries Independent Standards Authority (CIISA). 

This month's podcast focuses on how regulators can use communications to tell people how to comply with the rules you're enforcing. We hear from two engagement experts who've worked in regulators, to understand how to get messages across to diverse audiences through varied external and internal channels. A must-listen for everyone working in communications in a regulatory context.  Episode 22 of the Regulation Podcast is hosted by Marcial Boo, chair Institute of Regulation, with contributions from experts Anne Shevas and Stephen Hardwick. 

This month's podcast focuses on an issue that every regulator grapples with. How do you know whether there is too much regulation or too little? And how do regulators get the balance right? Martin Stanley, former CEO of the Postal Regulator (now part of Ofcom), the Competition Commission and author of ‘How to Be a Civil Servant’, discusses how to spot too much regulation and what to do about it and the risks of too little regulation. Unfortunately, there are no easy answers, but in this latest edition of the Regulation Podcast we explore the core issues of this highly relevant debate. 

Many regulators work to an annual cycle, for the Advertising Standards Authority and the Food Standards Agency, December can be a busy month, with an increase in Christmas advertising and food consumption. This month's Regulation Podcast hears from Claire Forbes from the FSA and Matt Wilson from the ASA on how their regulators keep advertising honest and food safe. 

This month's Regulation Podcast interviews Grainne Moss, CEO of the world's first Ministry for Regulation in New Zealand. Set up less than a year ago, the Ministry aims to improve the 200 regulatory systems in New Zealand, remove unnecessary rules and ensure that any new regulation is necessary and likely to work as intended. Grainne describes some of their early wins and the challenges ahead, recognising that regulation, alongside legislation and taxation, is one of any government's most important means of delivering its policy agenda.

President Trump and his team are making major changes to the US government. This includes in regulation, where he has signed an executive order that, for every new regulation, there should be 10 that are culled.  

To find out the latest, the Regulation Podcast from the Institute of Regulation has spoken to Professor Cary Coglianese, director of the Penn Program of Regulation at the University of Pennsylvania, a leading centre of academic expertise. Prof. Coglianese explains to Institute’s chair Marcial Boo the changes taking place and the potential risks and benefits.  

You can read more on the University of Pennsylvania here  

In this month's Regulation Podcast, Chair of the Institute Marcial Boo interviews the three winners of the inaugural Institute of Regulation Annual Awards:  Mary Jervis of the Information Commissioner’s Office, winner of the award for Innovation in Regulation (sponsored by PA Consulting); Matt Westmore of the NHS Health Research Authority, winner of the Collaboration in Regulation Award (sponsored by Nous Group); and Tom Vincent of the Food Standards Agency, Winner of the Rising Star award.  

This month's podcast from the Institute of Regulation asks:  how do you set up a regulator from scratch? It's a question relevant not only to the politicians, civil servants and staff establishing the new football regulator or the armed forces commissioner, but to everyone wanting regulators to work well.  

Discussing their experiences on the podcast are Sir Ian Kennedy, the first chair of the Healthcare Commission and the MPs' watchdog IPSA, and Natalie Prosser, founding CEO of the Office for Environmental Protection. Hear their top tips to those setting up a regulator and helpful reminders of why regulation matters. 

This podcast will facilitate a discussion with two senior figures from the General Medical Council: CEO and Registrar Charlie Massey and Director of Registration and Revalidation Una Lane. They will discuss how the GMC regulates and the challenges it faces, as well as wider issues of interest to other regulators. 

The audience of the Regulation Podcast is professional regulators and those interested in regulation. The Institute of Regulation has 60 corporate regulator members, around 40% of the UK regulatory community, as well as 15 corporate affiliate members from commercial firms that supply and work with regulators, including consultancies, search firms and IT companies, and also over 200 individual members. The podcast also has a domestic and an international audience among regulators (of up to 500 listens per episode) including in Australia and New Zealand. Some UK civil servants listen too. Previous podcasts are at: https://ioregulation.org/podcast and are on Spotify.

The podcast is hosted by Marcial Boo, chair of the Institute of Regulation, and CEO of four regulators over his career, currently regulating insolvency and bankruptcy financial services. The sound engineer for the podcast is Neil Bowerman. Neil will send out professional microphones to participants in advance, upon receipt of addresses.

On the day of the recording, after we have checked the technical requirements and the recording has started, Marcial will introduce the topic of the podcast and the guests. 

The podcast will last around 30 minutes in total. It will be conversational in style. We discourage long pre-prepared ‘speeches’, and aim for shorter interventions, but equally we are happy for participants to get across their key messages and promote their work. Any bad ‘mistakes’ can be edited out, but we will record it ‘as live’. An outline script for the podcast is below to allow for preparation. But we may deviate ‘off script’ to pursue an interesting issue or cut questions short to end on schedule. 

In this month's podcast from the @ Institute of Regulation, our Chair @ Marcial Boo speaks to the Chair of the UK Government's @ Regulatory Policy Committee, @ Stephen Gibson. He talks about the RPC's role to help improve UK regulation, advising Parliament on the quality of the evidence and analysis in any new regulatory measures proposed by the government

This month's podcast from the @Institute of Regulation asks whether regulators should make money from their assets - their data and their knowledge of regulation and the law. Some might say not; regulators are often funded from public money. But @Richard South, Chief Executive of @TSO, and @Sam Walsh, a partner at @Deloitte, argue that there are legitimate ways for regulators to benefit from their assets in ways that can improve compliance and save public money.

They recommend that regulators first understand what assets they have, and then find ways to make their regulations and guidance available in ways that are accessible to their users. Today, this means not only users themselves but the AI tools that can be deployed to help users comply. UK expertise can legitimately be commercialised internationally too. 

They conclude that, by keeping an open mind, and by understanding what assets they have, UK regulators have opportunities to save taxpayers' money and generate growth if they sometimes think commercially too. You can listen to the podcast here.

In this month's podcast, Institute Chair Marcial Boo talks to senior Information Commissioner's Office staff Emily Keaney and Angela Balakrishnan on how the ICO ensures our personal data are kept safe through the regulation of businesses and public bodies. Their discussion notes how good communications can encourage compliance, and how the ICO, like other regulators, sometimes has difficult conversations with those being regulated, using a range of regulatory tools to be effective. They also talk about the challenge of new technology, including AI, the importance of prioritising regulatory interventions, and how the first step is to get the basics right. You can hear the podcast here, with more information on the ICO website (ico.org.uk).

Keywords: Data protection, Information rights, Privacy regulation, Cyber regulation, Digital trust, Freedom of information