Is this the end of statutory licensing?

1. Is this the end of statutory licensing? John Cousins,  Mountain Leader Training Adventure Activities Industry Advisory Committee

2. Common Sense Common Safety • October 2010 • A report by Lord Young of Graffham to the Prime Minister following a Whitehall‑wide review of the operation of health and safety laws and the growth of the compensation culture • Abolish the Adventure Activities Licensing Authority and replace licensing with a code of practice. Adventure Activities Industry Advisory Committee

3. HSC on adventure activity licensing • The Commission maintains its position that licensing is a disproportionate response to the level of risk in the industry. Based on risk alone, a licensing scheme for the adventure activities industry is not justified. • the Commission believes the existing scheme should remain for the present, while an alternative is developed to replace it. Adventure Activities Industry Advisory Committee

4. Government Argument • Licensing regime seen as a cost and burden on business that adds little to health and safety. • Effective enforcement of 1974 Act and the Management of Health and Safety at Work Regulations is sufficient. • Licensing regime is narrowly focused and does not reflect the wide range of adventure activities now available. • The running costs of the scheme are around £750,000 and the cost of a licence is £715 and this is seen as a disincentive to new entrants to the adventure activity market, especially to small companies. Adventure Activities Industry Advisory Committee

5. HSE update – Jan 11 • HSE is working towards the implementation of Lord Young’s recommendation to abolish the AALA. • There are significant legislative stages to go through, including those involving the devolved administrations so it is not certain when licensing will be repealed. • The current contract with TQS Ltd to deliver licensing has been extended to 31 March 2012; Adventure Activities Industry Advisory Committee

6. HSE’s Next Steps • prepare a draft of the code of practice for the adventure activities sector • conduct a public consultation in due course (Spring 11?) • Consider how the many different accreditation schemes may be able to contribute to the future arrangements • Set timetable for changes having regard to the requirements for primary legislation. Not possible to give a clear indication of the timetable as this is dependent on Parliamentary business Adventure Activities Industry Advisory Committee

7. Adventures Activities Industry Advisory Committee represents wide range of stakeholders from the UK adventure activities sector. • Durable solution: individuals not representatives, a stable core membership but regularly refreshed • UK-wide membership of providers, users & other stakeholders from private and public sectors, volunteers and professionals • It works with the industry to identify and disseminate good practice, and to advise government and its agencies accordingly • Formed by HSE and DfES • Now underwritten by Skillsactive and Sport and Recreation Alliance who provide administrative support and cover expenses • No remuneration to AAIAC members i.e. volunteers Adventure Activities Industry Advisory Committee

8. AAIAC Research and Piloting Project in Non-statutory Accreditation • 2005 - DfE asked AAIAC to commission research into existing non-statutory safety schemes. • Extension of scope of licensing had been rejected • Yet AALA did not usually apply to: • Ropes courses • Adults • Northern Ireland • Climbing walls • Schools Adventure Activities Industry Advisory Committee

9. AAIAC Research concluded that: • That industry could self regulate • No single existing non-statutory scheme met the diverse requirements of all providers or user groups • Some form of objective inspection against recognised criteria is essential Adventure Activities Industry Advisory Committee

10. Adventuremark Adventure Activities Industry Advisory Committee

11. Approved Schemes • BCU • BAHA • AHOEC • MIAS • BASI • CTC in pipeline • ERCA? • ABC? • IOL??? Adventure Activities Industry Advisory Committee

12. Standards • Provider Accreditation Criteria: • Cover broadly similar ground to the AALS standards • Inspection mainly by approved schemes - not a single professional inspection service • Control over rigour is through scheme approval /QC • Calibre of inspectors comparable with AALS • Rigour and frequency???? Adventure Activities Industry Advisory Committee

13. Annual statutory inspection of “everything” AALA (Statutory) "Golden Mean" Annual Inspection to CoP Inspection to CoP at appropriate intervals Inspection to Code of Practice on enrolment Voluntary compliance with Code of Practice Laissez Faire LOW COST >>>>>>>>>>>>>>>>>>>>>>>>> HIGH COST LOW CREDIBILITY >>>>>>>>>>>>>>> HIGH CREDIBILITY LIGHT TOUCH >>>>>>>>>>>>>>>>>>>>>> BURDENSOME Continuum Adventure Activities Industry Advisory Committee

14. Implementation of Adventuremark • Piloted • Full implementation March 2009 • Won wide support: • OEAP • CCPR (S&RA) • AHOEC • HSE through David Ashton and Judith Hackett Adventure Activities Industry Advisory Committee

15. Benefits of Adventuremark • Not constrained by law to restricted areas • All activities, locations and participants • MF can decide to admit any area of activity deemed to be adventurous • Proven and fully field tested • A home for all credible schemes • Flexibility to adapt and evolve Adventure Activities Industry Advisory Committee

16. Case Study - Work at Height • A very positive outcome for our industry, endorsed by Bill Callaghan (HSC Chair in 2005) • Initially there was a very protracted sequence of consultations in which our concerns were not heard, repeatedly • The adventure activity industry responded in a very coherent way Adventure Activities Industry Advisory Committee

17. Which way now? Adventuremark offers: • An off the peg code of practice to form the basis for an HSE consultation – as recommended by Young • Opportunity for simple transition from AALS • Industry has already bought in widely • Ready to go! Adventure Activities Industry Advisory Committee

18. Industry led solution • Everyone wants certainty about what lays ahead • Licensing was due for review in 2010 and arrangements with the contractor TQS have already been agreed until 2012, • Danger is that HSE ‘know best’ and we don’t find a way to give a coherent response • AAIAC will make available a draft response to any questionnaire for everyone’s consideration within four weeks of the twelve week consultation Adventure Activities Industry Advisory Committee