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House of Lords Science & Technology Select Committee publishes advice on voluntary agreements

July 31st, 2011

In the context of a wider study on behaviour change strategies, the House of Lords Science & Technology Select committee has published advice on voluntary agreements.

FINAL REPORT RECOMMENDATIONS ON VOLUNTARY AGREEMENTS (July 2011)

Chapter 5

5.13.  In general, the evidence supports the conclusion that non-regulatory or regulatory measures used in isolation are often not likely to be effective and that usually the most effective means of changing behaviour at a population level is to use a range of policy tools, both regulatory and non-regulatory. Given that many factors may influence behaviour, this conclusion is perhaps unsurprising.

5.14.  We welcome efforts by the Government to raise awareness within departments of the importance of understanding behaviour, and the potential this has for the development of more effective and efficient policies. We are concerned, however, that emphasising non-regulatory interventions will lead to policy decisions where the evidence for the effectiveness of other interventions in changing behaviour has not been considered. This would jeopardise the development of evidence-based, effective and cost-effective policies.

5.15.  We therefore urge ministers to ensure that policy makers are made aware of the evidence that non-regulatory measures are often not likely to be effective if used in isolation and that evidence regarding the whole range of policy interventions should be considered before they commit to using non-regulatory measures alone.

…..

5.25.  The involvement of other organisations to support the Government’s behaviour change initiatives may provide valuable opportunities to improve the effectiveness of behaviour change interventions, in particular by allowing a range of messengers to be used to deliver them. We welcome the Government’s intention to use such collaborations.

5.26.  However, we have major doubts about the effectiveness of voluntary agreements with commercial organisations, in particular where there are potential conflicts of interest. Where voluntary agreements are made, we recommend that the following principles should be applied in order to ensure that they achieve their purpose:

  • The Government should specify clearly what they want businesses to do based on the evidence about how to change behaviour, and what steps they will take to achieve the same result if voluntary agreements are not forthcoming, or prove ineffective.
  • Voluntary agreements should be rigorously and independently evaluated against measurable and time-limited outcomes.

5.27.  Given that these principles do not appear to have been applied consistently to the Public Health Responsibility Deal Network, we urge DH, in particular, to ensure that these principles are followed when negotiating further voluntary agreements. In relation to the current agreements, we recommend that DH should state for each pledge what outcomes are expected and when, and provide details of what steps they will take if the agreements are not effective at the end of the stated period.

SIGNIFICANT EXTRACTS FROM EVIDENCE TO THE SELECT COMMITTEE  

Pg 398 -Professor Theresa Marteau: I’m not intimate with the Government’s policy on obesity, but my understanding is that, after the publication of the public health White Paper, there will be a separate report coming out in the spring. Part of it will be the responsibility deal that the Government are engaged in at the moment. Perhaps I could make a few comments about that. This is about government partnering with relevant industries for self-regulation. An interesting paper, which I will pass on to the Committee, is an analysis by Kelly Brownell in Yale of the history of self-regulation of the alcohol and tobacco industries. The paper compares that with marine fishing and forestry to try to see what we can learn about self-regulation for the food industry. In the analysis, the suggestion is that self-regulation has worked well for marine fishing and forestry because the threat is internal. In effect, if those industries don’t regulate themselves, they’ll have no industry. Where the threat is external, which is what the paper believes has been the case with alcohol and tobacco, and probably with food as well, self-regulation hasn’t necessarily worked so well. The report makes recommendations for how self-regulation by the food industry can be made to be most effective. It will come as no surprise to you that the emphasis is on the importance of transparency, objective evaluation and realistic goals.”

Also see pages 454-7 f0r evidence from ASDA.

Source: http://www.parliament.uk/documents/lords-committees/science-technology/behaviourchange/BCOralandWrittenEvCompiled180711.pdf

Consultation response: ‘A competition regime for growth – A consultation on options for reform’

June 14th, 2011

Dear Mr Lawson,

We are writing in response to ‘A competition regime for growth – A consultation on options for reform’ consultation questions: “Q.2 The Government seeks your views on the potential creation of a single Competition and Markets Authority (CMA); Q.19 The Government seeks your views on appropriate objectives for the CMA and whether these should be embedded in statute; and Q.20 The Government see your views on whether the CMA should have a clear principal competition focus.

We welcome the proposals for a new CMA. We believe it is vitally important that public interest factors are explicitly integrated into the objectives of the CMA, as was the intention of the previous competition regime. A new business unit with the specialist skills to balance public interest factors, supported by guidance, tools and ways of working with other government departments, should be a core objective and function of the new CMA – potentially embedded in statute. The advantages and disadvantages of this unit’s recommendations being approved by a minister or an official should be further examined.

The CMA should focus on competition, but also have the capability as described to balance public interest factors, particularly in the case of sector wide voluntary or co-regulated agreements where positive social and environmental impact could be gained. The new approach should build on: the Office of Fair Trading’s (OFT’s) 2009/10 research in this area; balancing of public interest factors achieved by other UK and international regulators; and the OFT’s existing experience in approving ‘consumer codes’.

We welcome the Prime Minister’s commitment to deal with this problem last December and urge all stakeholders to continue to work together towards a rapid resolution of the issues. The Prime Minister’s commitment was in response to a Business in the Community consultation of 500+ businesses which identified this area as warranting further investigation in order to scale up business engagement in communities. The approach set out above would also provide the certainty that greater investment in the UK demands. Investors will know that they can secure the comfort needed before they make long-term investments in areas where self-regulation/ collaboration on environmental and social issues is required.

In response to the Prime Minister’s call last December, Business in the Community and The Cooperatition Incubator look forward to continuing to work in partnership with the Department for Business, Innovation & Skills and the Office of Fair Trading in the months ahead to better understand and resolve this barrier to business action on social and environmental issues.

Yours sincerely,

Charlotte Turner, Director of Research, Business in the Community – www.bitc.org.uk
Andrew Dakers and Tom Linton, The Cooperatition Incubator – www.cooperatition.org

Respond now to BIS Competition Consultation – Deadline: 13 June 2011

June 5th, 2011

The Cooperatition Incubator is encouraging all our campaign partners to try and submit a response to the Department for Business, Innovation and Skills (BIS) consultation on the future of the UK competition regulation regime:

Consultation document: A competition regime for growth – A consultation on options for reform

Since 2008 Business in the Community and The Cooperatition Incubator have been actively researching – with the input of a number of experts – the competition law barriers to companies collaborating through voluntary agreements/standards to internalise the often substantial external social and environmental costs of doing business.   As Andrew Dakers’ article last Friday on The Guardian Sustainable Business Blog explained, given the huge reliance today on self-regulation, this is now more important than ever.

THE PROBLEM

Unfortunately cases such as the Dairy investigation and Laundry detergents have seen companies, trying to do the right thing by society and the environment, fined many tens of millions. Clearly the system needs to be fixed.   We believe resolving this problem is an integral part of shaping a responsible marketplace as we rebuild and strengthen the British economy.

In the past 12 months the problem has been recognised by Robert Peston (BBC), Jason Clay (WWF US) and the British Prime Minister David Cameron.   Work is now underway between the Department for Business, Innovation and Skills (BIS), Business in the Community (BITC) and the Office of Fair Trading to unpack and resolve the problem – but we still need your support to ensure the necessary changes are implemented.

A WAY FORWARD

Breaking down the competition law barrier to scaling up responsible business practice comes down to resolving fundamental problems with regard to how the UK competition authorities and EU DG Competition presently interpret the legal framework.  We believe now is the time for a change in approach if degradation of our natural environment is to be stopped and social challenges, such as obesity and alcoholism, tackled head on by business, NGOs and government working together through co/self-regulatory frameworks.

To help support the campaign please send a short email to Duncan Lawson (Consumer and Competition Policy, Department of Business, Innovation and Skills): cma@bis.gsi.gov.uk by Monday 13 June 2011.

Your message could be short and simple – perhaps along the lines of:


Dear Mr Lawson, I am writing in response to ‘A competition regime for growth – A consultation on options for reform’ consultation questions: “Q.2 The Government seeks your views on the potential creation of a single Competition and Markets Authority; Q.19 The Government seeks your views on appropriate objectives for the [Consumer & Markets Authority] CMA and whether these should be embedded in statute; and Q.20 The Government see your views on whether the CMA should have a clear principal competition focus.

“We welcome the proposals for a new CMA.  We believe it is vitally important that public interest factors are explicitly integrated into the objectives of the CMA, as was the intention of the previous competition regime. A new business unit specialised in balancing public interest factors, supported by guidance, tools and ways of working with other government departments should be a core objective of the new CMA – potentially embedded in statute.  This will provide the certainly that greater investment in the UK demands.  Investors will know that they can secure the comfort needed before they make long-term investments in areas where voluntary self-regulation/ collaboration on environmental and social issues is required.

“We welcome the Prime Minister’s commitment to deal with this problem last December and urge all stakeholders to continue to work together towards a rapid resolution of the issues.  The CMA should focus on competition, but also have the capability as described to balance public interest factors, particularly in the case of voluntary agreements.  This should build on: the Office of Fair Trading’s (OFT’s) 2009/10 research in this area; balancing of public interest factors achieved by other UK and international regulators; and the OFT’s existing experience in approving ‘consumer codes’.

Yours sincerely…”


We appreciate this request is very close to the deadline, but hope you can take five minutes out to send a short email.

Thank you for your support – and if we can clarify any aspects of our research conclusions, please do not hesitate to contact us.

Why competition laws frighten firms away from co-operating on projects to drive up environmental standards – Dakers

June 3rd, 2011

Writing for the Guardian Sustainable Business Andrew Dakers, founder of The Cooperatition Incubator, said:

“Many corporations have discovered that [weak global governance] leads to a “race to the bottom”. That can be to their detriment as natural resources and the ecosystems on which they depend continue to be depleted. Filling the vacuum is a vast spectrum of voluntary corporate responsibility initiatives and standards from Community Mark to Investors in People and ISO 14000.

“These have made great strides. They provide companies with a fairly rapid return on their investment – perhaps through increased resource efficiency or better people management – and the wider community often benefits too. The same cannot be said, however, when a business has substantial external social and environmental impacts – a “non-win-win” situation.

“The latest government-sponsored voluntary agreement, the public health responsibility deal, has received a distinctly mixed response, largely due to this problem. The British Medical Association and the Royal College of Physicians complain that substantial external impacts of business, such as alcohol misuse and obesity, have been ignored.

“Research by Business in the Community and the Cooperatition Incubator over the past three years has revealed that competition law is a substantial barrier to companies collaborating on voluntary standards that would deliver greater public benefit. Given the increasing levels of regulation already around climate change – at least in the UK and EU – this is preventing new voluntary agreements that internalise external costs on social issues and natural resources.

“More meaningful agreements have the potential to increase costs to producers, suppliers and consumers. To develop substantial self-regulatory changes might involve competitors in a given sector discussing pricing and coordinating the timing of a step-change in improvements. Companies taking part in such discussions risk being accused of collusion or price-fixing by the UK Office of Fair Trading (OFT), despite the public benefit they are seeking to achieve.

“Tesco has promised to review its alcohol pricing if its rivals do the same; it believes it would be commercial suicide to act alone. But Tesco points out that it is trapped by an approach to competition law regulation that prevents competitors discussing anything to do with price…

“Despite [the Office of Fair Trading introducing Short Form Opinions], Robert Peston said on his blog in November 2010 that the problem remained: “Britain’s biggest banks are talking to each about whether and how they can reduce the total amount of bonuses they would pay in the upcoming bonus season . . . [Yet] one great fear of bankers is that they’ll be seen to be colluding on a competitive issue and could be prosecuted by the Office of Fair Trading.”

“The prime minister, David Cameron, responded: “I get the message loud and clear, and we will do everything we can to tackle those barriers head on – whether it is the red tape you face, whether it is being able to collaborate as businesses without having the competition authorities throwing you in jail. I understand the barriers. We are going to work with you to get rid of them.”

“Work is now under way on the problem between Business in the Community, the Department for Business, Innovation & Skills and the OFT.

“For too long corporate responsibility has focused on the laws governing individual company practices. By revisiting how competition authorities regulate public interest collaborations between firms, the UK has the potential to become a global exemplar. Reform in this area will build the solid foundations for the new people and planet-friendly era in capitalism we need.”

Read the full article

Jason Clay talks about ‘precompetition’ in Guardian Sustainable Business

June 2nd, 2011

Jason Clay, senior vice president of market transformation at WWF, has written on Guardian Sustainable Business the issues arising from consumer goods giants Procter & Gamble and Unilever being fined €315.2m (£280m) by the EC on 13 April 2011 for breaching competition law in the laundry detergent market in eight countries.

“Here lies the challenge in defining what is precompetitive versus what is collusion. While the companies crossed the line of the EC’s antitrust rules, they also accomplished much in reducing the impact of producing, delivering, selling, using and disposing of their products.

“The firms were motivated by shifting the market to greater sustainability, while making it easy for consumers to choose a sustainable product. The new products were better because they were concentrated and worked in cold water. But both of these traits were in conflict with consumer perceptions. Most consumers, for example, think that more detergent means cleaner clothes, and that hot water is more effective for washing laundry than cold.

“This posed a dilemma for manufacturers. The companies believed that if any one of them introduced concentrates independently they would risk losing market share. A consumer confronted with a choice between a 5kg box of powder at €10 and 2.5kg box of a concentrated version at the same price is going to be tempted to go for the big box.

“To avoid this first mover “disadvantage,” the companies co-ordinated the timing of their launches so that all the new product formulations would arrive on the market at the same time. They did this without publicly stating the virtues of one product over another.

“The moral of this story is that such initiatives are essential, but caution must be exercised. As an environmentalist, I applaud companies that work together to put better products on the shelves and take away the ones with the worst impact…

“We can better understand the complicated balance between what is precompetitive behaviour addressing legitimate sustainability issues, and what is collusion around fixing prices or market share. The key component to striking this balance is multi-stakeholder participation. The project should be inclusive of other stakeholders, including regulatory officials and perhaps even NGOs, many of whom don’t have a direct financial interest. This is how successful global sustainability round tables have avoided these issues.

“In light of more companies working together in a precompetitive fashion to improve sustainability, wouldn’t it be forward-thinking for regulators in the EU and elsewhere to invest in the creation of a legal group that defines boundaries? It would be money well spent, because precompetitive sustainability is working, and it’s essential to market transformation.”

ICN 9th Annual Conference – Istanbul, Turkey discusses public policy and competition law interface

April 30th, 2011

The 9th Annual Conference of the International Competition Network (ICN) received a paper by the Turkish Competition Authority on the Interface between Competition Policy and other Public Policies.  Key points of note:

Pg 34- “European Commission mentions that the impact assessments, by listing all the policy options according to certain criteria such as effectiveness and efficiency together with their positive and negative impacts, enable the policy makers to consider trade-offs between economic, social and environmental impacts. However, it is emphasised that an impact assessment supports and does not replace decision-making – the adoption of a policy proposal is always a political decision.”

Pg 37-8 – “In the EU, DG Competition may use its advocacy powers within the European Commission during the work of an “impact assessment steering group” or in the course of a subsequent interservice consultation to verify whether competition assessment for the policy proposal, which should be part of a comprehensive impact assessment, is conducted and whether the proposal does not restrict competition disproportionately. During the process, DG Competition may propose amendments to the relevant proposal to alleviate competitive concerns. Moreover, it is compulsory to consult DG Competition by way of an inter-service consultation in case a policy proposal prepared by another DG may impact on competition. It should be said that although a negative opinion expressed by DG Competition may not block a policy proposal, it can put significant pressure on the relevant DG to amend the proposal.”

Source : http://www.icn-istanbul.org/Upload/Materials/SpecialProject/SP_BackgroundReport.pdf

 

Public Health Responsibility Deal- Who’s taking part?

December 4th, 2010
Five groups
  • Alcohol Responsibility Deal: Co-chairs Lib Dem health minister Paul Burstow and Jeremy Beadles, the Wine and Spirit Trade Association.
  • Physical Activity Responsibility Deal: Co-chairs Conservative minister Simon Burns and Fred Turok, The Fitness Industry Association.
  • Food Responsibility Deal: Co-chairs Conservative Secretary of State Andrew Lansley and Dr Susan Jebb, Medical Research Council obesity academic.
  • Behavioural change responsibility deal network: Co-chairs Conservative public health minister Anne Milton and the National Heart Forum.
  • Health at work responsibility deal: Co-chairs Conservative minister Lord Howe and Dame Carol Black.

Source: http://www.guardian.co.uk/politics/2010/nov/12/government-health-deal-business?intcmp=239

First meeting
Twenty-nine people attended the first meeting of the policy-setting Public Health Responsibility Deal on 14th September, 18 from business, six from consumer and health bodies and five from central and local government…
Present
Rt. Hon. Andrew Lansley CBE MP, Secretary of State for Health
Paul Burstow MP, Minister of State for Care Services
Anne Milton MP, Parliamentary Under-Secretary of State for Public Health
Aisling Burnand, Executive Director, Policy & Public Affairs, Cancer Research UK
Andrew Opie, Director of Food & Consumer Policy, British Retail Consortium
Cathryn Higgs, Food Policy Manager, The Co-operative
Dame Carol Black, National Director for Health & Work, DWP
David North, Community & Government Director, Tesco (on behalf of Lucy Neville-Rolfe)
Douglas Smallwood, Chief Executive, Diabetes UK
Erica Zimmer, Head of Public Affairs, Sainsbury’s
Fiona Dawson, Managing Director, Mars UK
Fred Turok, Chair, Fitness Industry Association
George Gordon, Public Affairs Director, Unilever UK & Ireland (on behalf of Amanda Sourry)
Helen McCallum, Director of Policy & Communications, Which?
Ian Sarson, Managing Director, Compass Group
Jeremy Beadles, Chief Executive, Wine and Spirits Trade Association
John Ransford, Chief Executive, Local Government Association
Lindsey Davies, President, Faculty of Public Health
Mary Boughton, Chair of Health, Safety & Risk Mgt, Federation of Small Businesses
Melanie Leech, Director General, Food & Drink Federation
Paul Kelly, Director of Corporate Affairs, ASDA
Paul Lincoln, Chief Executive, National Heart Forum
Richard Taylor, Director of Corporate Affairs, Morrison’s Supermarket plc
Simon Morys, Government Affairs Director, Tesco (on behalf of Lucy Neville-Rolfe)
Susan Jebb, Head of Nutrition & Health Research, MRC Human Nutrition Research
Tim Lefroy, Chief Executive, Advertising Association
Ufi Ibrahim, Chief Executive, British Hospitality Association
Vicki Nobles, Corporate Affairs Director, Diageo GB
Yvonne Doyle, Regional Director of Public Health, South East Coast SHA (on behalf
of Dame Sally Davies)
Apologies
Amanda Sourry, Chairman, Unilever UK & Ireland
Lucy Neville-Rolfe, Director of Corporate and Legal Affairs, Tesco
Dame Sally Davies, Acting Chief Medical Officer for England, DH

Emerging perspectives on ‘Responsibility Deals’

December 4th, 2010

A range of views are starting to surface on the Coalition Government’s planned Responsibility Deals.  In the early days of the Coalition the lack of understanding of what constitutes a ‘Responsibility Deal’ has clearly unsettled both NGOs, opposition politicians and some business representatives.  Take a look here for a reminder of Responsibility Deals as they were originally conceived.

Stuart Smith, consultant editor at Marketing Week, says:

“…About 18 months before the election, the Conservatives produced a mini-manifesto on health policy in the form of the Public Health Commission. In it was enshrined an important concept, the Responsibility Deal. It amounted to this: provided that the private sector contributed in a meaningful way to public sector health initiatives, such as Change4Life, the Tories – once in power – would hang up the Doc Martens and lay off legislative curbs.

“The PHC was not just what it said that was important, but how it was compiled. The Tories overtly tapped the resources of industry in formulating their policy. For example, the chairman of the PHC was Dave Lewis, also chairman of Unilever UK & Ireland.  The outlook for a cosy concordat between business and government was set fair; not least because an inevitable and severe contraction of the public sector would make health initiatives increasingly dependent on industry funding.

“Since taking power, the Tories have been every bit as good as their word. …

“But all is not what it appears. There are two troubling features for the drinks industry in Lansley’s speech, and they both involve money and Change4Life.

“Lansley is so enthused by the Change4Life concept, initiated by his Labour predecessor in January 2009, that he would like to see it powering ahead under a new operating model. That means real money ploughed in from the private sector, as opposed to the £200m-in-kind contribution pledged by the food and soft drinks industry in 2008. And, just as critically, the project will be “specced up” to embrace a reluctant drinks industry.

“Lansley clearly views alcoholism and associated issues as part of a holistic public health problem (“Alcohol misuse costs society over £17bn each year and obesity much the same figure”) – so why not combine industry efforts to combat these social ills within a single vehicle? By contrast, many drinks manufacturers and retailers see Change4Life participation as at best a distraction and at worst a harmful irrelevance. They consider it too broad-brush and focused on obesity to deal efficiently with the fine-toothed issue of curbing alcohol abuse.

“All the more so since they already have their own educational programme, precisely tailored for this purpose. Drinkaware is a trust, semi-detached from the industry, which is nonetheless financially reliant upon 45 of its members (including many big guns such as Diageo, Carlsberg, Heineken, Tesco and Asda).

“Let’s put it this way, getting funding behind it has not been easy. But last year it achieved a breakthrough with the development of a five-year responsible drinking campaign, now entering its second phase, to which the industry has contributed a headline figure of £100m.

“You can see the industry’s point. Where will the money come from for a contribution to Change4Life MkII? What’s more, this will have to be delivered in real “readies”. Note Lansley’s own words: “To date, industry has made ‘in kind’ contributions. I will now be pressing them to provide actual funding behind the campaign.”…”

Source: http://www.marketingweek.co.uk/opinion/little-cheer-for-drinks-industry-in-lansley’s-public-health-scheme/3016058.article

David Grayson, Professor of Corporate Responsibility and director of the Doughty Centre for Corporate Responsibility at Cranfield School of Management, says:

“…In the 1980s, Margaret Thatcher proposed a smaller state but business leaders at that time like Alastair Pilkington, Hector Laing and Allen Sheppard understood the clear quid pro quo: if business wanted a smaller state, it had to step up to the table and be more active in society. It led to a  a heyday of public-private-community partnerships — the Groundwork Trusts, local enterprise agencies, Education-Business Partnerships, Community Development Trusts and people development organisations like Fullemploy, Tomorrow’s People, and Common Purpose.

“The thousand flowers that bloomed then created a great deal of positive development which subsequent governments were able to build on and institutionalise. But whilst ‘back to the future,’ might be a good movie title (or two), it rarely inspires politicians, business or society. So don’t try and re-create past approaches. Don’t assume that structures that worked so well then will automatically be fit for purpose in the era of social networks, new media and virtual organisations. But do learn intelligently from the past…

“Last time around, businesses all too frequently reacted to requests from politicians until, frustrated by competing demands from different ministries, they started to assert what were business priorities in society. Twenty years ago, prompted by Prince Charles, Business in the Community ran a major consultation with business, Directions for the Nineties, which defined business priorities as the three Es’: education, environment and enterprise.  Judging by the recent Accenture / UN Global Compact CEO Study 2010, those three Es may still be where most businesses would focus their input to the ‘big society’.

“In particular, business should be explicit that it wants the ‘big society’ to be the big sustainable society; and that the major business contribution will be to speed up making businesses themselves as sustainable as possible.

“The ‘big society’ is also the opportunity to advance ideas for collective self-regulation and co-regulation, where leading businesses work with government and civil society to define and implement ‘responsibility deals’, or what the previous prime minister’s Council on Social Action called ‘collaborative commitments’ — ‘agreements made voluntarily between individuals and organisations from business, public sector and civil society, to achieve positive social impacts which would not be possible for one sector acting alone, to obtain.’

“Responsibility deals were proposed by a Tory working party whilst in opposition and were included in the Conservative election manifesto: ‘‘We will introduce a Responsibility Deal on waste — a voluntary arrangement among producers to cut back on the production of waste and improve its disposal — as we move towards our goal of a zero-waste society.’ (p. 97). The environment secretary Caroline Spellman is proposing to move ahead with this pilot responsibility deal …

“In general, business should concentrate its contribution to the ‘big society’ where business has expertise and where it is in the long-term interests of business. One distinctive contribution is expertise in service re-design since, effectively, we are talking about a ‘re-imagined state.’…

“Critical to engaging businesses effectively will be a willingness on the part of politicians genuinely to share responsibility. Previous governments have repeatedly exhorted companies to get involved but predetermined what they wanted.  This time around, business should expect a real say, with clarity about funding commitments and a common determination genuinely to learn from previous experience.

“Nevertheless, there is a window of opportunity as ministers, officials and advisers start to give substance to the high-level concept of the ‘big society’ for business, alongside other players, to help shape a more engaged and active society…”

Source: http://www.parliamentarybrief.com/2010/07/getting-down-to-business-with-the-big-society

mad.co.uk reports:

In a letter to Home Secretary Theresa May, Asda chief executive Andy Clarke asked for a “real partnership” with the Government to include issues such as pricing, education and improving alcohol labelling. Clarke also confirmed the introduction of a “floor price” for beer, wine and spirits to ban alcohol being sold “below the cost of duty plus VAT” in its stores.

David Poley, chief executive of alcohol producers body The Portman Group, says it welcomes a responsibility agreement in “principle”.

Source: http://www.mad.co.uk/Main/News/Sectors/FoodDrink/Articles/60b142a2e36848258b80882fbae1f97f/Coalition-seeks-’responsibility’-deal-with-drinks-industry.html

Julian Hunt, Director of Communications, Food and Drink Federation says:

“[Andrew Lansley's] Responsibility Deal will provide a clearer framework in which industry will be challenged to work in partnership with his department to deliver even more progress.”

Source: http://www.marketingweek.co.uk/opinion/food-safety-is-different-from-public-health/3016663.article

He went on to add in early September:

“…the blistering pace at which the Coalition has set about delivering a programme for government… has provided plenty of challenges for our industry: from country of origin labelling to a pledge to introduce an ‘adjudicator’ to monitor the grocery supply chain.

“Arguably, the most significant (and controversial) developments are in public health. But now that the dust has settled, it is clear that the new Health Secretary Andrew Lansley was actually articulating a pragmatic approach to tackling complex issues such as obesity, centred around a new Responsibility Deal with business that is built on shared social responsibility and not state regulation…Lansley has made it clear he wants a new relationship with business. We need to seize that opportunity and rise to the challenge.”

Source: http://www.foodmanufacture.co.uk/Regulation/Scorch-and-burn-Coalition

Mike Webster, spokesperson for Waste Watch, said:

“As far as responsibility deals, there are good examples. Responsibility deals can be a very good way of getting a certain industry or sector to get their house in order – as long as it triggers action then it can be a very useful tool in the box.”

“There are various well known barriers to small and medium-sized businesses recycling, such as time and space.  Incentives such as landfill tax which makes it more expensive to throw stuff away won’t work unless businesses have access to a reasonably priced recycling service.”

He cited the Courtauld Commitment – a voluntary agreement aimed at improving resource efficiency and reducing the carbon and wider environmental impact of the grocery retail sector – as being one such case.   This represents a move away from solely weight-based targets and aims to achieve more sustainable use of resources over the entire lifecycle of products, throughout the whole supply chain.  He added that there is always room for legislation at a later date if particular sectors prove incapable of self-governing.

Source: http://www.microsoft.com/en/gb/mediumbusiness/newsarchive/Business-sectors-urged-to-embrace-responsibility-deals-800034157.aspx and http://www.aviva.co.uk/risksolutions/news/2010/08/20/voluntary-recycling-deals-must-trigger-action/

Jeremy Beadles, Chief Executive of The Wine and Spirit Trade Association (WSTA), said nothing was confirmed but the government had ‘indicated’ it would allow voluntary health labelling, rather than force the alcohol industry to put health warnings on its wine labels:

“[It is] indicating it will allow the industry to voluntarily label its wines because 81% of suppliers have committed to the scheme.”

The government, which will announce the outcome of its consultation on alcohol labelling shortly, wants wine bottles to include unit content, the Chief Medical Officers’ guidelines on daily limits and advice on alcohol and pregnancy.

Half of all wine bottles should contain the information by 2012 with the rest completed by 2014.

The move is part of the Coalition government’s ‘Responsibility Deal’ initiative by which it aims to work with industry to improve public health.

Source: http://www.decanter.com/news/wine-news/500370/compulsory-health-warnings-unlikely-wsta

David Stalker Executive Director of the Fitness Industry Association (FIA)  at the Leisure Industry Week event in Birmingham (21 September 2010) said that the industry should strive to meet the opportunities posed by the government’s Responsibility Deal and the current public health strategy’s focus on increasing the nation’s physical activity levels:

“Working together as an industry, we can improve the lives of the whole nation and with it reduce that £100bn price tag for ill health.

“The government has recognised this and so must we – and in that realisation we must review what we do and how we do it and not be afraid to, where necessary, enhance and/or evolve it.

“The strategy couldn’t have come at a more significant time as it supports the government’s Responsibility Deal – an invitation to business to be part of three working groups designed to address the nation’s major public health issues: poor diet, alcohol abuse and lack of exercise.”

Source: http://www.leisureweek.com/new_newsdetail1.cfm?codeID=216763&CFID=11536019&CFTOKEN=38735639

Professor Philip James, who was the lead adviser to the government on the setting up of the Food Standards Agency, and until recently chair of the International Obesity Task Force, said he was “scandalised” by the government inviting industry to help draft public health policy. He said:

“It is a major setback for the health of the nation. The sabotaging of public health by the food industry is universally recognised.”

Diane Abbott MP accused the government of putting business interests ahead of public health:

“I was shocked to discover that the health secretary is involving companies like McDonald’s and PepsiCo and big manufacturers in shaping policy on nutrition. There is a wealth of literature that shows that junk food and fast food is the worst kind of diet and rather than taking advice from people who peddle it we should be helping people avoid it. This government has already in just a few months sold out the interests of the nation to the interests of big business.”

Professor Simon Capewell heart disease prevention expert at Liverpool University said the responsibility deals with business were a “cynical public relations smokescreen for industry interests”.  Capewell was on the public health commission Lansley set up before the election to make recommendations to the Conservatives on diet-related diseases and alcohol abuse, but said that he now believes the commission was set up to suit business interests.

Capewell is gagged by a confidentiality undertaking from describing the detailed discussions of the commission. However, he said that “after calm reflection” he felt the process had been “carefully stage-managed” – the health representatives on the group were always in a minority, and those individuals were put under intense pressure to support the party line when it came to the wording of the final report.

Specifically, he says, describing foods high in fat, salt or sugar as junk food was brusquely ruled out. The strong scientific evidence that traffic light food labelling was much more effective than industry’s Guideline Daily Amount scheme that Lansley has supported was repeatedly ignored.  Commenting on Lansley’s new responsibility deals with business, he said:

“This sort of talking shop is essentially a waste of time. It’s a cynical public relations smokescreen for industry interests. It flies in the face of extensive scientific evidence about the most effective and cost-effective interventions to promote public health. Consistent lessons from the UK and internationally demonstrate that the most powerful policy levers are: legislation, regulation, and taxation of harmful substances, plus subidies for healthy options.”

Source: http://www.guardian.co.uk/politics/2010/nov/15/diane-abbott-inquiry-corporations-health-policy

MEND says:

“We are …encouraged to see the government’s continued commitment to working with business and the voluntary sector through the public health responsibility deal. It is important that the responsibility deal is given the opportunity to deliver, although it is also vital that outcomes are carefully measured so that the responsibility deal ‘carrot’ is balanced with a time-limited regulatory ‘stick’.

“We also, however, welcome the recognition that a ‘ladder of interventions’ is necessary to fully address the problem. The ‘nudge’ approach does not imply a disregard for education, the adequate provision of education or the use of well thought-through legislation.”

Source: http://www.epolitix.com/latestnews/article-detail/newsarticle/encouraged-by-governments-commitment-to-public-health/

Andrew Opie, Food Director at the British Retail Consortium, said:

“A less top-down approach that works constructively with food businesses and other organisations is sensible. Too often in the past every ill has been laid at the door of retailers. The new emphasis on personal responsibility and helping people to make healthier choices is welcome. This is exactly what retailers have been doing for years — reducing fat, sugar and salt, offering affordable, nutritious food, providing clear information and backing lifestyle campaigns.

“Retailers removed artificially added trans-fats from all their own brand products three years ago.

“We are already actively involved with the Government in developing the public health ‘responsibility deal’. If these ‘deals’ are to play a part in delivering social policy objectives, they need to be supported by the facts, capable of engaging customers and not burdensome for businesses.

“They could can be an opportunity to showcase the good work we’re already doing but the Government must sign up all parts of the supply chain not just the usual list of retail good guys.”

The BRC is continuing to work with the Health Department as it finalises its ?responsibility deal’ with retailers and other food businesses.

Source: http://www.brc.org.uk/details04.asp?id=1846

NOVEMBER 2010

Dr Tony Sheehy of the Department of Food & Nutritional Sciences at University College Cork, Ireland:

“If this is the way things are going in the UK it surely can’t be long before we see chocolate (“with heart-healthy flavonoids”), cola (“with brain-boosting polyphenols”) and crisps (“they’re, like, potatoes, right?”) sitting proudly in there in the bottom two shelves of the Food Guide Pyramid among the grains, vegetables and fruits.”

Source: http://tonysheehy.blogspot.com/2010/11/mcdonalds-kfc-and-pepsi-to-help-write.html

Professor Tim Lang, expert adviser on the government’s obesity committee, says:

“What’s clearly happening is that the government has dealt with some sore points for industry. It’s already tamed the National Institute for Clinical Excellence, responding to the drugs industry not wanting curbs on its powers. The diet and health responsibility deals fit with the rest of the approach.

“The strong message is ‘work with business’. But the idea that we can solve these huge systemic problems with slight small changes makes me very nervous. It completely misunderstands how obesity reflects a whole drift of economy and culture in the last 40-50 years.”

Professor Sir Ian Gilmore, leading liver specialist, who is on the alcohol responsibility deal:

“I am very supportive of the secretary of state taking a position of strength on public health. But I am very concerned with the emphasis on voluntary partnerships with industry. We have to understand that their agenda is very different.”

Source: http://www.guardian.co.uk/politics/2010/nov/12/government-health-deal-business?intcmp=239

Professor Sir Ian Gilmore, the leading liver specialist and until recently president of the Royal College of Physicians and  member of the alcohol responsibility deal network, said he had decided to co-operate, but he doubted whether there could be “a meaningful convergence between the interests of industry and public health since the priority of the drinks industry was to make money for shareholders while public health demanded a cut in consumption”.

“On alcohol there is undoubtedly a need for regulation on price, availability and marketing and there is a risk that discussions will be deflected away from regulation that is likely to be effective but would affect sales. On food labelling we have listened too much to the supermarkets rather than going for traffic lights [warnings] which health experts recommend.”

Professor Lindsey Davies, President of The Faculty of Public Health, said:

“We are hopeful that engaging with the food industry will lead to changes in the quality and healthiness of the products we and our children eat.  It is possible to make progress on issues such as salt reduction through voluntary agreements, and we’re keeping an open mind until we see what comes out of the meetings, but we do think that there is still a role for regulation.”

Professor Tim Lang, a member of the government’s advisory committee on obesity, said:

“In public health, the track record of industry has not been good. Obesity is a systemic problem, and industry is locked into thinking of its own narrow interests.  I am deeply troubled to be sent signals from the secretary of state about working ‘with business’ and that any action has got to be soft ‘nudge’ action.”

Jeanette Longfield, head of the food campaign group Sustain, said:

“This is the equivalent of putting the tobacco industry in charge of smoke-free spaces. We know this ‘let’s all get round the table approach’ doesn’t work, because we’ve all tried it before, including the last Conservative government. This isn’t ‘big society’, it’s big business.”

Source: http://www.guardian.co.uk/politics/2010/nov/12/mcdonalds-pepsico-help-health-policy

Rt Hon Caroline Spelman MP, speaking at The Environment Agency said:

“we will also work with business – expanding the scope of voluntary responsibility deals, building on the achievements delivered so far by agreements such as Courtauld and the construction commitment.”

Source: http://ww2.defra.gov.uk/news/2010/11/24/spelman-speech-environment-agency/

Cameron acknowledges need to address competition law issues at BITC AGM

December 3rd, 2010
The Prime Minister David Cameron said at yesterday’s BITC AGM and Leadership Summit: “I get the message loud and clear, and we will do everything we can to tackle those barriers head on – whether it is the red tape you face …whether it is being able to collaborate as businesses without having the competition authorities throwing you in jail. I understand the barriers. We are going to work with you to get rid of them.”

This was in response to the business challenge presented by Sir Stuart Rose off the back of BITC’s latest member research (pg 6):
Competition law
A perceived barrier to greater business collaboration is where business feel it could be deemed anti-competitive to come together to discuss some of the core sector wide issues, even when this could have a powerful social or environmental impact.

Often there is felt to be insufficient commercial advantage for one organisation to take the lead. Business leaders suggest creating neutral cross-sector environments for companies to come together without fear of reprimand under competition law, enabling more companies to take significant steps towards greater engagement.

“70% of business leaders surveyed say it is important that government removes the red tape associated with businesses collaborating on the impacts of their core business.”

Today’s FT reports“Rules that prevent welfare claimants from taking part-time jobs or longer work placements should be eased, business leaders said, along with competition laws that prevent businesses from collaborating on sector-wide initiatives… Mr Cameron pledged to “tackle these barriers head on”"

Public Health White Paper/ Responsibility Deal – House of Commons debate

November 30th, 2010

Rt Hon Andrew Lansley MP: “We have learned over the last decade that state interventions alone cannot achieve success. We need a new sense of collective endeavour-a partnership between communities, businesses and individuals that transforms not only the way we deliver public health, but the way we think about it. Through the public health responsibility deal, the Government will work with industry to help people make informed decisions about their diet and lifestyle, to improve the environment for health, and to make healthy choices easier. Through greater use of voluntary and community organisations, we will reach out to families and individuals, and develop new ways to target the foundations of good health. Reflecting the framework in the ladder of interventions developed by the Nuffield Council on Bioethics, we will adopt voluntary and less intrusive approaches, so that we can make more progress more quickly and resort to regulation only where we cannot make progress in partnership…”

“The right hon. Gentleman asked about the responsibility deal. Let me give him an example. In 2004, the last Labour Government said that they would introduce front-of-pack food labelling. They wanted to introduce a single traffic-light system. All that fell apart in utter confusion. There was never a consistent front-of-pack food labelling system. The last Government never worked with industry; they worked against industry, and what was the result? A variety of different systems, and nothing consistent for the public to look at.

“Only by working together on a voluntary approach will we start to make progress more quickly, whether it is on labelling, reformulation or activity with employers in the workplace. We will make progress, we will do it more quickly, and we will regulate only when necessary, rather than resorting to regulation and, as the Labour Government did, failing to make any progress and failing to regulate. That is not a basis on which we can deliver the public health improvements that we need.”

Source: http://www.theyworkforyou.com/debates/?id=2010-11-30b.669.0

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