This paper provides some thoughts on what makes for good regulation. It also provides a context for the Government's proposed Regulatory Innovation Office.
Good regulation requires a horizontal approach with an overall coordinating body rather than a wide range of discrete issue or sector based approaches. While it is useful to highlight a particular area for special attention and special measures on the basis of evidence of failure or a specific policy objective, too complex an approach will dilute potential success in that area. In addition, unless that special needs initiative is placed within an overall framework, it is less likely to achieve its overall objectives as effectively if it ends up with different approaches compared with other areas of interconnected regulation.
In reality, the whole regulatory landscape and approach to regulation will have an impact even on a priority area with specific needs. AI is an example. It could be regulated to ensure it has the best regulatory framework for the advancement of AI. That is crucial – but such a framework will only succeed if its impact on and the impact of areas such as the good regulation of consumer protection, intellectual property and data protection are also considered as applied to AI and are in line with the generic approach in those areas of regulation.
Thus good regulation of innovation and technology as desired by the Government as a priority is a key area of national interest to secure economic growth. As such it is reasonable to identify it for specific, focused action and special measures to be incorporated in the role of the Regulatory Innovation Office. However, overall success will be achieved more quickly and more completely if its efforts are part of a wider agenda for good regulation across the board and not least in all the contexts within which any particular innovation or technology will operate.