The House of Lords committee has raised significant concerns regarding the effectiveness of UK regulators, advocating for essential reforms to enhance both accountability and performance.
In their latest report, titled ‘Who watches the watchdogs? Improving the performance, independence, and accountability of UK regulators,’ the Industry and Regulators Committee concluded that a fresh approach to overseeing UK regulation is imperative.
Specifically, the committee is calling for the establishment of an “Office for Regulatory Performance” tasked with investigating and reporting on regulators’ performance. This initiative aims to assist Parliament in holding regulators accountable for their actions.
Since its inception in 2021, the committee has conducted inquiries into seven regulators, including three major investigations. One such inquiry, focusing on the commercial insurance and reinsurance market, commenced on January 14, 2022.
Throughout these inquiries, certain recurring themes and concerns have emerged, including the clarity of regulators’ mandates, the quality of government guidance provided to regulators, their independence from the government, and the mechanisms for holding regulators accountable.
To delve deeper into these issues, the committee launched an inquiry in October 2023. Over the course of this inquiry, which lasted from October to December 2023, the committee held nine evidence sessions, during which a total of 15 witnesses, including current and former regulators, business and consumer representatives, parliamentarians from both Houses, and other relevant stakeholders, provided testimony.
Following extensive discussions with a diverse array of witnesses, the committee uncovered a concerning trend: certain regulatory leaders appear to have been appointed based on political allegiance rather than their expertise and competence. Additionally, the committee highlighted the unacceptable delays by the government in appointing members to regulators’ boards.
Furthermore, some regulators are burdened with a multitude of objectives without clear guidance on how to prioritise them effectively. Compounding these issues is the fact that regulators have the authority to generate their own revenues through levies and charges, while others rely heavily on government funding. This dual funding mechanism significantly impacts their ability to operate independently, as outlined in the report.
Moreover, the committee expressed dismay at the blurring of lines between regulatory and political matters, with the government’s strategic guidance often evading decisive stances on crucial issues. This ambiguity only serves to further complicate matters.
Lastly, concerns were raised regarding the recruitment and retention of talent within regulatory bodies, exacerbated by the higher remuneration offered for similar skills in the private sector.
This concern was underscored by recent industrial action taken by staff at The Financial Conduct Authority, particularly as its performance in authorisations for brokers showed regression in four out of five categories during Q2 2023.
The Chair of the inquiry, Lord Hollick, stated; “We are particularly troubled by instances where the government has neglected to address political or distributional issues confronting regulators, resorting instead to meddling in their daily operations.”
“Independent regulators should feel empowered to inform the government and the public about the significant challenges within their sector and present clear, efficient, and transparent solutions to address them.”
The committee expressed disappointment over the Department for Business and Trade’s limited engagement in the inquiry, noting; “The department did not provide the committee with oral ministerial representation, despite ample notice, and its written submission was brief and lacked detail.”
Lord Hollick emphasised the importance of addressing the findings and recommendations in the report by the government, regulators, and parliament to preserve the integrity and legitimacy of the UK’s regulatory system.