Peter Swindlehurst UKIPG Secretary Vice-President of CEPLIS

1. Peter Swindlehurst UKIPG Secretary Vice-President of CEPLIS

2. UPLR Liberal Professions Day “The impact of liberal professions on the Romanian society” • A view from the United Kingdom on ‘Liberal Professions in British Society’ • 5th November 2012 • Bucharest

3. ‘Professions’ in the UK ‘Professions’ in UK is more restrictive than ‘Occupations’ or ‘Jobs’. Special characteristics of ‘professions’: • foundation in a specific body of knowledge; • skill and judgement in applying that knowledge with discernment in a range of different circumstances; • understanding of fundamental principles underpins current knowledge and practice, most of which is continuously evolving through research, development and evidence-based practice; • unequal relationship with the ‘customer’ who, in most instances, not only lacks the knowledge to answer key questions at issue but often lacks the insight to know the questions to be asked. • Can be at different ‘levels’ – some are ‘associate professionals’ or ‘technicians’ – but still with personal responsibility and standards.

4. ‘Professions’ in the UK To offset this imbalance, we try to develop a professional relationship, based on: • Structured formation standards, mostly ‘learning outcomes’ based, and quality assured by both ‘education’ and by ‘professional accreditation’ • sound ethical principles and trust, and not simply on consumer law and customer service; • a form of collective regulation which attempts to protect both the individual client and the public generally; • excluding from practice (or at least from a regulated title) those not competent or ethically fit to practise; • individual registered practitioners, irrespective of workplace setting, adhering to a set of common values* and an ethical code which is more demanding than simply compliance with the law of the land.

5. Professional Regulation • In a limited number of areas, mainly health-care and where there are some specific public safety risks, regulation is by national law, albeit varying slightly between the four parts of the United Kingdom. • Professional regulation is mainly self-imposed through membership of professional organisations, many of which have a long standing official recognition through incorporation by Royal Charter. • However, there are few limitations on practice. If customers wish to risk using the services of someone not professionally registered, they are free to do so.

6. Professional Associations • If a professional association lets is standards decline, then another organisation can compete in the market; • If a professional association does not keep up with change - especially to respond to the development of new professions – another will form and may prosper. • The UK professions are diverse, generally self-regulated and certainly have few monopoly powers. • Difficult to get an organised view; do try by means of inter-professional and inter-disciplinary organisations – such as UKIPG. • Professionals may be ‘employed’ or ‘private practice’ – not usually described as ‘Liberal’

7. UK Inter Professional Group • Forum for the major Professional and Regulatory Bodies in the United Kingdom. • 30+ bodies in membership – recruiting wider range. • Some are statutory bodies; others regulate under a Royal Charter or are representative associations • Many are Competent Authorities under Directive 2005/36/EC; others are Professional Associations with a direct interest. • Independent of Government and funded by its members. • Small part-time Secretariat (Secretary paid an annual fee) • Active member of CEPLIS, the ConseilEuropeen des Professions Liberales, alongside UPLR and others.

8. UKIPG Structure • Fairly informal structure which is allowed to evolve to suit emerging needs (as happening now!) • Elected Chairman, and elected/appointed/ ‘arm-twisted’ coordinators of Special Interest Groups • Groups deal, inter alia, with: • Professional Regulation • Professional Education and Training • Corporate Governance • Professional Indemnity Insurance • International and European Affairs * • Continuing Professional Development * [* Allow for a wider membership than just UKIPG members]

9. UKIPG Relationships • Engineering Council – access to an office address, limited office services, IT servers, and meeting space. • CEPLIS – have long been represented on CEPLIS Exec and play a fairly leading role. • Scottish Regulatory Forum and IIPA • University of Leeds – Inter Disciplinary Applied Ethics • The HE and FE ‘infrastructure’ (HEIs, FEIs, QAA, SSCs) • UK NARIC – and UKBA – on qualifications of Non-EEA • Sponsoring Government Departments (BIS primarily) • Regulatory oversight bodies (FRC, CHRE, LSB etc) • European Commission and some MEPs (and EESC)

10. UKIPG – Europe and ROW** ROW = Rest of World • Directly – mostly with Europe – but through CEPLIS membership – and with world wide systems as well. • Run own ‘International and European Forum’ • Respond to all formal and informal consultations, ‘non-papers’, stakeholder meetings etc of DGMARKT; [get ideas in first – rather than trying to change others’ ideas later! • Individual professions influential in international groups, eg with USA, ‘old Commonwealth’, Asia. • Wide international membership of UK professions • Links to ‘Services’ Implementation Team at BIS * ROW = Rest of World

11. Some Recent Changes • Greater emphasis on ‘public protection’ – and making it seen to be so (appointed rather than elected Boards) • Oversight regulators, for consistency across sectors. • Emphasis on access to professions and social mobility • Emphasis on continuing fitness to practise, and: • CPD to achieve it, and • Revalidation to prove it • Removal of any anti-competitive rules from professional business structures, advertising etc • Independence of investigatory and disciplinary systems

12. Some Government Approaches! • Much talk about ‘Risk-based Regulation’ – but generally with little formal, quantitative, evidence-based risk assessment. • ‘Arm’s length Regulation’ – until an issue hits the headlines, then inevitable urge to interfere – sometimes irrationally and forcefully. • Talk of ‘removing burden of regulation’ – but easy resort to ‘locking stable door’ regulation – and also to ‘gold plate’ regulation (eg EU Directives). • Fiddle with existing regulated areas – reluctant to embrace new areas. Who is to pay for regulation? Trend to regulate ‘process’ rather than ‘people’.

13. Impact of UK Professions • Mainly unseen – as it should be! Things work – especially those based on STEM professions. • World-wide, world-class businesses, often with local links forged in UK professional education and bodies. • Declining direct impact on political class; too many have not practised a ‘serious’ profession or run business. • Losing ‘self-importance’ of days gone by; reputation more based on accountability, transparency, value. • Major impact on equality and diversity (by example). • Called on to ‘rescue’ Governments when things go wrong – ‘expert’ and ‘arms-length’ enquiries etc

14. Any Questions? Thank You!