Better Regulation Executive
The final report of the Hampton Review recommended that the government establish a comprehensive review of regulators penalty regimes. Following this recommendation the then Chancellor of the Duchy of Lancaster, John Hutton asked Professor Richard Macrory to examine the current system of regulatory sanctions.
The aim of the review was to bring the penalty system into line with the risk based proportionate model of regulation laid out in the Hampton Report. The review looked at options that would add to regulators enforcement toolbox, broadening the flexibility available to both regulators and the judiciary to meet regulatory objectives better and improve compliance.
Richard Macrory is a Barrister and Professor of Environmental Law at University College London. He holds an MA in Jurisprudence from Oxford University and is a Barrister at Law, Grays Inn, London, UK. Professor Macrory has held several academic appointments at international institutions including Imperial College, Linacre College, University of Oxford, University College London, City University, and University of Melbourne (Australia).
Professor Macrory has served as a specialist advisor in Environmental Law to the House of Commons Select Committee on Environment, specialist advisor for the House of Lords Select Committee on the European Communities inquiry into enforcement and implementation of EEC legislation and as a Board member of the Environment Agency.
The terms of reference for the review were set in September 2005 in agreement with the Chancellor of the Duchy of Lancaster, John Hutton:
'To set out general principles for the use of penalties in the enforcement of regulation; and to consider
- how sanctions can be changed to ensure that they act as an effective deterrent and eliminate all of the economic benefits of non-compliance;
- how administrative penalties might best be used to eliminate economic gains and speed up the penalty process;
- how measures can be taken to enhance consistency between and within penalty regimes;
- the role of alternative sanctions for regulatory offences such as restitutive and restorative justice;
- whether there is a role for a regulatory tribunal in the regulatory system; and
- To make general recommendations on the use of regulatory penalties and specific recommendations for change where that is thought appropriate.'