abstract close up cobweb connection

The merits of Merits Review

As set out in To ‘see’, or not to ‘see’: that is the question. Moving on from a half-brained system of economic governance – (rpiresearchgroup.org), the half-brained governance thesis (“H-BGT”) is suggestive of a wide range of relevancies to areas of public policy where development thinking seems to be struggling. One such is the question of whether regulatory and competition policy decisions by designated agencies should be subject to review on their merits, as administrative decisions, not just on their conformity with acceptable procedures.

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PNG abstract anxiety brain sticker

To ‘see’, or not to ‘see’:  that is the question. Moving on from a half-brained system of economic governance

Why do similar mistakes appear to be repeated over and over again in the conduct of economic policy? Why does there appear to be so little error-learning/learning-from-experience in this domain of human activity? Why does knowledge and the application of knowledge in these matters appear not to progress cumulatively in the manner of the physical sciences?
In this major Essay in Regulation, Harold Hutchinson and George Yarrow seek to outline some answers, building on insights from brain science. The first picture in the Essay, from the clinical work of Dr Iain McGilchrist, suffices to signal a ‘now for something completely different’ moment.

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Migration

Regulating net migration flows: the wisdom of Econ101? 

Net migration flows (about the regulation of which members of the RPI have been writing since 2017) are again a hot topic in political debate. In this latest blog, the Insights team briefly sketches out a potential, alternative way of looking at the issues: a different ‘gestalt’, based on a tradeable right to residency, which does not need to rely heavily on enforcement by coerced deportations (difficult in practice) or creating ‘hostile social environments’. Rather, it simultaneously seeks to make unlawful immigration more financially expensive and emigration of residents more financially rewarding, in each case relative to the status quo. Even in a bare bones form, it could give government three immediate ‘control variables’: the total number of rights available, the level of financial penalty for unlawful immigration, and the level of the bid-ask spread in the purchase or sale of the relevant right.

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five bulb lights

Technology Tussles: The Trilemma Strikes Back!

We have written before about the need for effortful and holistic thinking in the context of global decarbonisation, and about the perils of disconnecting local actions from global outcomes by retreat into a ‘net-zero in one country’ mindset. In this RPI Insights blog we highlight the dangers of partial thinking associated with indulgence of the false prophet of universal technology solution(s), blindness to potential ‘concentration risk’ and the resulting creation of systemic vulnerabilities, inadequate thinking around the physical resilience of energy infrastructure in the face of a changing climate, and reluctance to acknowledge either the regional realpolitik of the energy transition or the implicit policy tensions, uncertainties, and trade-offs around how it unfolds.

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spider web with drops of water
Insights into Regulation

Policy myopia – open your eyes (plural) and see

In a recent blog, the Insight Team highlighted the dangers of poorly constructed policies in terms of the increased distractions imposed on managers at the expense of a focus on business investment and innovation. In this follow-up, we consider recent financial market turbulence as another example of policy gone wrong. We argue that help in assessing and learning from it might lie in an appreciation of both history and the present – from the work of Adam Smith to recent developments in modern neuroscience, in particular the insights of Iain McGilchrist.

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close up photography of yellow green red and brown plastic cones on white lined surface

The burdens (plural) of regulation

Policy debates about the burden of regulation have tended to focus on estimates of administrative costs imposed upon firms and have tended to rely on an assumption that simply eliminating some of the regulations (“cutting red tape”) will lead to significant reductions in the costs imposed. Here, the Insights Team take a different perspective, recalling both RPI empirical research on these issues for the UK Cabinet Office nearly 20 years ago and the earlier “Penrose Effect”, named after Professor Edith Penrose. They argue that much more substantive effects arise from poorly considered and conducted changes in regulations in consequence of their increased calls on limited senior management bandwidth available for addressing the challenges involved in investing, innovating and expanding a business.

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person s left hand holding green leaf plant
Climate Change

The End of Net Zero

The first Insights blog of the new year continues to emphasise a central theme of earlier pieces: the dangers of taking an overly narrow view of policy challenges, whether that be the result of failure to recognise wider, salient features of a broader context, or of taking unduly narrow view of target outcomes in policy responses to the challenges. The same theme is to be found in earlier RPI critiques of ‘pixelation’ in regulatory assessment, grounded in an analogy with perceptions of a digital picture which are drawn to a relatively small bloc of pixels and focus disproportionately on it, to the neglect of all else. The blog contains a striking quotation from Keynes, who was ever unpixelated.

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Markets versus regulation?  Drop the ‘versus’!

November’s pre-conference Insights blog is concerned with the meaning of the word ‘market’. The term appears often in economic and political discourse, usually accompanied by some other word: there are references to ‘free markets’, or to ‘oligopolistic markets’, or to ‘market failure’. But what is the nature of this thing that is ‘free’, or ‘oligopolistic’, or has ‘failed’, in the latter case usually claimed in the context of some call for a deus ex machina, in the form of a regulatory intervention, to ‘fix’ the problems.

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Insights into Regulation

Routine and its Limitations

Routine and its limitations’ completes a short cycle of three blogs with a common, thematic root: dysfunctions in the division of labour within governmental systems. The focus in this case is on a temporal pattern that can be observed in the evolution of some regulatory agencies or systems. It adopts Daniel Kahneman’s metaphor of System 1 and System 2 thinking, but uses it to characterise institutional and organisational, rather than individual, thinking.

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Insights into Regulation

Old spectacles for myopic governments: monasteries and speculae

The latest Insights blog is concerned with narrowness of vision in economic policy/regulation and the distraction that is a contributory cause of it. It is motivated by the question: how might better institutional design counteract distraction? Features of Monasteries, Plato’s Academy and Roman Watchtowers are cited as examples of ancient institutional innovations from which insights might be gleaned.

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Insights into Regulation

The Insolence of Office

The second in the new Insights into Regulation series of short blogs addresses the causes and effects of a highly dysfunctional ‘division of labour’ in government, with a focus on misdirection and distraction in the application of effort The title is taken from Hamlet’s soliloquy (“To be, or not to be …) and the notion of the insolence of officialdom was, at a later time, a repeated trope in the major works of Adam Smith.

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Insights into Regulation

Climate policy – ‘Tain’t what you do, it’s the way that you do it.

In a new series of short blogs under the thematic title ‘Insights into Regulation’, members of the Regulatory Policy Institute Research Group will highlight a particular insight, idea or perspective that is salient to some or other aspect of
regulatory policy.

Given the observed limitations of quantitative emissions reduction agreements, we explore the role of complementary science and technology approaches based on sharing of knowledge and know-how in mitigating relevant externalities.

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Zeeman Lecture

Covid-19: What have we learned about the importance of trustworthy statistics?

The Zeeman Lecture at the September 2021 Conference on ‘Rethinking Regulation’ was delivered by Ed Humpherson -Director General for Regulation, UK Statistics Authority. This is a transcript of that lecture.

A couple of years ago, back when it was possible to travel freely without worrying about masks, infections and tests, I was on a train journey south from Edinburgh.
As is the way with long train journeys in the UK, there was some horrendous disruption; and as is also the way, this disruption broke the invisible veil that holds British people back from talking to one another, and lots of conversations started – proceeding from the usual starting point of “bloody typical” to broader chats – where are you going, what do you do?

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Studies in Regulation

Re-thinking climate change policies: A tale of two externalities

In this short paper, Gerard Fox and George Yarrow argue that, in the context of climate change policies, the nature and significance of any potentially problematic economic externalities are functions of strategic policy choices: that is, they vary according to the particular policy strategy chosen. The traditionally identified externality – that the benefits of carbon abatement efforts by any one country are mostly enjoyed by other countries – comes from strategies that are conceptualised in terms of determining quantities (of carbon emissions or abatement), an approach to economic policy that was adopted in Soviet-style central planning. By leading to external effects that then call for difficult-to-achieve correction, in effect the quantitative planning system establishes self-created obstacles to attaining that which is desired. Science and technology policy approaches based on sharing of knowledge and know- how are shown to have very different implications for the nature and significance of any associated externalities. The development of the Oxford/AstraZeneca Covid vaccine is given as an example of the possible, alternative, strategic approaches.

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Essays in Regulation

A Commentary on the Opening Chapters of ‘An Inquiry into the Nature and Causes of the Wealth of Nations’

Adam Smith’s Wealth of Nations (“WoN”) is a foundational book in the social sciences and one of the classic works of human civilization, but like many classics it is rarely read. Its influence has been profound, but that influence has come largely via the work of Smith’s
successors who, in their own writings, have frequently cherry picked the text in ways that have
served their own, particular purposes in a range of different, later contexts. In consequence many of Smith’s own points have been lost or distorted…

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Energy

The challenge of removing a mistaken price cap

The UK Competition and Markets Authority in 2016 calculated a detriment of £1.4 billion–£2 billion in Great Britain’s retail energy market, attributed to weak customer response. The government in 2019 imposed a tariff cap until competition is effective. Stephen Littlechild argues that the cap was a mistake: there was no such detriment and there are valid reasons for customers not changing supplier. The market was not previously uncompetitive and inefficient as suggested. The cap has rendered the sector loss-making and led to supplier exit. The assessments of effective competition by the Office of Gas and Electricity Markets have been arbitrary and implausible. Some alternative ways ahead are noted, but latest government policy invokes behavioural economics to propose even greater intervention. A postscript discusses dramatic latest developments.

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Reform, Cohabitation, Intervention and Independent Regulation

This research project is focused on how well suited are regulatory models in adapting to dynamic change, a more interventionist state or exogenous shocks like covid or the financial crisis. Can the regulatory environment accommodate strategic policy initiative like decarbonisation, promotion of technological innovation or activist industrial policy without its function being impaired? This leads to questions concerning the nature of the regulator’s institutional ecology and will demonstrate the potential for truly effective reform. It would also provide an understanding of their organisational capacity to achieve its key objectives.

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Digital

Economic regulation of digital platforms: scoping the RPI’s research programme

Should we establish ex ante economic regulation of ‘digital platforms’, with or without ‘enhanced’ competition law – and what form should any regulatory structures take? This question is a pressing priority for policymakers and competition authorities in many jurisdictions, including the UK and across the EU. We can all see the extent to which services offered by digital platforms (large and small, generalised and highly specialised) now mediate most distanced interactions between people and/or organisations, whether it is economic, in civil society or in our private lives.

The aim of this work is to foster contributions to the policy debate concerning the economic regulation of digital platforms. The anticipated focus is on economic regulation specifically, meaning ex ante rules designed to rectify market failures or abuses rather than, for example, regulation of online content or political speech). However, it may be that some areas of research necessarily involve ‘cross-over’ questions between economic and non-economic regulatory issues.

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Healthcare

Public and Private Healthcare – Challenges for sustainability in the post-COVID era

The relationship between public and private healthcare has been a subject of regulatory scrutiny. Some aspects of private healthcare provision, including hospital providers and consultants, were the subject of a market investigation reference in the UK by the now Competition and Markets Authority (2012-2014). The outbreak of COVID-19 has raised further questions about sustainability and put these issues back on the regulatory reform agenda. It is important to take into account key aspects, including consumer choice, financial viability, quality, the role of insurance companies and interactions with the NHS. This paper outlines a proposed in-depth study which would review the current market and regulatory climate for the provision of healthcare in the UK, with a focus on the relationship between the public and private sectors. The aim is to sensitivity test potential future funding models that would tackle the range of issues, many of which have been given added imperative by the effect of the outbreak of COVID-19 on NHS waiting lists.

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Infrastructure

The changing role of independent economic regulators in decision-making for major infrastructure projects in the UK

How decisions are, or should be, taken for major infrastructure projects is a recurring area of policy debate. Longstanding differences exist between those who see a prominent role for government in directing, and potentially funding, large-scale infrastructure projects, and those who advocate that government involvement should be limited to ensuring that an appropriate policy and regulatory framework is in place to facilitate such investments by the market where necessary.

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Rethinking Regulation

Rethinking Regulation

The purpose of this document is to seek support for, and encourage participation in, the future research programme of the Regulatory Policy Institute in the UK, in co-operation with its sister network, the Regulatory Policy Institute of Australia and New Zealand (RPI ANZ).

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Energy

Institutional Innovation Initiative & the Energy Transition

The Energy Transition represents an unprecedented challenge for Policy Makers. The speed and magnitude of emissions abatement demanded by the 2008 Climate Change Act, whose 4th & 5th carbon budgets are currently off course, combined with the subsequent increased ambition signalled by the UK 2050 Net-zero commitment made in 2019, along with the recent course-correcting commitment to target a 68% fall in emissions by 2030 vs. the 1990 baseline, requires the rapid promotion and diffusion of clean energy innovation with action extending to the hard-to-abate sectors dominated by buildings, industry and transport.

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Environment

Net zero by 2050 as a strategic objective

This note has a specific and limited purpose: to consider the appropriateness of a target of ‘net zero by 2050’ as the overarching strategic objective of a national policy to reduce carbon emissions.

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Energy

The Role of Regulation & Policy in facilitating the optimal lowest cost integration of Variable Renewable Energy

Variable Renewable Energy (VRE) from wind and solar is frequently cited as the solution to UK Electricity decarbonisation. Technology learning curves suggest that, depending on location, wind and solar, which accounted for ~8% of global electricity generation in 2019, are currently, or projected to become, the “cheapest” source of new generation in most countries by 2030.

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Rethinking Regulation

Rethinking Regulation: Research

A document setting out some prospective, new thematic areas of policy research in cooperation with RPI ANZ, inviting support and participation. The current list is not exhaustive: more new areas are being identified.

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air air travel airbus aircraft
Aviation

Economic Rents at Heathrow Airport

The Paper challenges the common supposition that (scarcity) rents at Heathrow airport accrue from airlines charging efficient clearing prices and instead suggests that because of oligopolistic practices, much of the rent at Heathrow is quasi-monopoly rent. It also suggests remedies that could be implemented in the short term before more runway capacity is added and that if Heathrow airlines matched the average load-factors of those at London’s other major airport, Gatwick, average fares might be as much as 5 per cent lower.

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Brexit

The EEA Agreement: the key to a simplified Brexit process?

The UK is currently a member of the European Economic Area and is likely to be able to continue membership if it wishes. Its treaty rights under the EEA afford the UK a considerable degree of control over the post-Brexit outcome. Continued membership can be viewed as a ‘interim measure’ that would, in one step, meet most of the Leave agenda, whilst allowing time for reflection on longer-term issues.

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white paper folders with black tie
Brexit

Brexit and the Single Market Revisited

As the Brexit negotiations begin to focus on future trading and customs arrangements these
notes reprise the principal theme of Brexit and the Single Market2 (published in July 2016 in
the wake of the referendum) and add comments on some aspects of the subsequent discourse.
Very briefly, my conclusion back then was that the most efficacious way to respond to the
Leave vote on 23 June 2016 would be to seek a Brexit based on the UK’s continued
membership of the European Economic Area (EEA) in the period immediately following
withdrawal from the Treaty of Lisbon. There were three main reasons for taking this view.

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Brexit

Brexit and the political economy of regulation

This essay is a developed version of the Zeeman Lecture given at the Regulatory Policy Institute’s Annual Conference on 26 September 2017 at Lady Margaret Hall, Oxford University. The motivation for the Lecture was that, in the period since the Brexit Referendum on 23 June 2016, politicians, interest groups, journalists and commentators have fed the public a steady diet of alternative facts and false or misleading propositions. The Lecture focused on three of a much wider set of such assertions and propositions. All are relevant to the future conduct of regulatory policy, though each in different ways. Each is associated with a cognitive style that I have called convenient, selective myopia.

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white paper folders with black tie
Brexit

The European Economic Area Agreement: a short introduction

Our aim in this paper is to explain and comment on some of the principal features and implications of the European Economic Area Agreement (EEAA). A number of misunderstandings about the content and operation of the Agreement appear to have made their way into public discourse in the UK. We are concerned about the distorting effect of these, not only on public perceptions, but also potentially on the Government’s position. Our hope is that this paper may help inform a more considered debate about the UK’s Brexit destination.

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Water

A new regulatory framework for the Victorian water industry

The Australian state of Victoria will be implementing a new water pricing framework for the
next regulatory price review in 2018. The framework will apply to 16 of the State’s urban
water businesses and Southern Rural Water.
In May 2016, the Essential Services Commission (ESC), Victoria’s economic regulator,
released a position paper setting out a proposed, new pricing approach and invited
submissions on its proposal.3 Based on feedback received through this consultation process,
the ESC released a final report in October 2016 that sets out the water pricing framework and
approach that is to be implemented from 2018.4

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pile of folders
Brexit

The market for residency in Fabellia: a quick introduction

In discourse following the UK referendum on 23 June 2016 significant attention has been paid
to the question What does Brexit mean? The answer seems to be straightforward: it means
UK exit from the EU, which requires UK withdrawal from the EU Treaty.
A much more important and challenging question is What next? Central to evaluation of the
options available is another question, a question about the meaning of words: What does the
expression free movement of persons mean? Put more specifically: What conditions need to
be satisfied in order to be able to say that free movement of persons has been established?

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agreement blur business close up
Brexit

Brexit and the single market

The UK is currently a Contracting Party to the European Economic Area (EEA) Agreement, and exit from the EU does not necessarily imply exit from the Single Market (i.e. withdrawal from the Agreement). Exit from the EEA would require that extra steps be taken, either unilaterally by the UK or by the other Contracting Parties to the Agreement.
There is no explicit provision in the Agreement for the UK to cease to be a Contracting Party other than by unilateral, voluntary withdrawal, which requires simply the giving of twelve months’ notice in writing (Article 127). A commonly held assumption that only EU and EFTA members can be Parties to the EEA Agreement – and hence that the UK has to be a member of one or other of these two organisations to be in the Single Market – is not well grounded, although UK consideration of an application for EFTA membership is an option well worth exploring in its own right.

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