The regulation of professional people is increasingly recognized as an emergent and distinct field of legal practice. From whistleblowing to standards of conduct, and across an array of professional sectors and contexts, the law and practice is continuing to develop quickly. This seminar, the second in a series chaired by Navraj Singh Ghaleigh, seeks to explain the recent caselaw and highlight specific issues of particular importance. The implications of both are explored in depth – for professional bodies, employers, professional individuals, and those that advise them.
Staying relevant in a changing and challenging environment
Ben Kemp presents the first part of this new seminar which illuminates key contemporary challenges in professional regulation: discipline, whistleblowing and the challenge of relevance. Focusing on the world of professional discipline, we begin by presenting an overview of recent case-law developments, drawing in particular on the financial services, legal and healthcare sectors. We seek to identify lessons from these developments as relevant to both 'fitness to practise' and 'misconduct' approaches to professional discipline. We then stand back and look at some broader trends in professional regulation, including the distinction between independent v (hybrid) self- regulatory models, and the challenge of relevance for the professions and, by extension, the bodies that regulate them, in 2017 and beyond.
Staying relevant: The challenge of whistleblowing
Regulators and professional bodies are considered 'prescribed persons' under UK whistleblower laws for concerned individuals to report wrongdoing in their workplace. They are responsible for investigating the concerns raised, and where this is appropriate, they take action to rectify the problems found. However, research indicates that there is a lack of trust towards such bodies, with whistleblowers either a) demonstrating reluctance to approach them with disclosures or, b) when they do approach them, a majority of whistleblowers report that "their expectations were not met". In order to address how such bodies can ensure more rigorous reporting, Dimitrios Kagiaros will discuss this and examine various avenues that have been adopted in a number of jurisdictions to motivate whistleblowers to speak up when they come across wrongdoing, assessing whether and how these could be useful in the domestic context for regulators and professional bodies.
Aims and Objectives
The overall purpose of the seminar is to provide an overview of current issues affecting professional regulation. More specifically, the objectives of the seminar are:
The seminar is of particular relevance to:
1. Professionals with an interest in the field of professional discipline and/ or regulation
2. Lawyers and policy specialists working for professional bodies
3. Regulators- those specifically responsible for the regulation of professional people, but also sectoral regulators (eg in relation to financial services) more broadly who also encounter the general challenge of regulatory relevance, including the specific and critical one of making whistle blowing work.
4. Academics with a research interest in what makes for 'effective regulation' in 2017.
Ben Kemp is General Counsel and Director at the Institute and Faculty of Actuaries (IFoA), where he has executive responsibility for the IFoA’s regulatory strategy. Ben was formerly a partner in the Regulatory and Professional Discipline department of London law firm, Kingsley Napley LLP. Prior to that he practised for ten years with Scottish law firm, Shepherd and Wedderburn LLP. Ben has worked with and advised professional bodies and regulators across the financial services, legal, health and education sectors. He sits on the Scottish Solicitors Disciplinary Tribunal and is a member of the Professional Standards and Ethics Committee of the Law Society of England and Wales. Ben also serves as a legal advisor appointed to advise disciplinary panels of the Royal Institution of Chartered Surveyors. He teaches public law at the University of Edinburgh, Scotland. He was a co-author, with Navraj Singh Ghaleigh and Paul Reid of “Politics as a profession: electoral law, Parliamentary standards and regulating politicians” (2012) Public Law 658-682. He was a contributory author of “The Law of Regulatory Enforcement and Sanctions”, Julie Norris and Jeremy Phillips, 2011.
Dimitrios Kagiaros is a Teaching Fellow in Public Law and Human Rights at the University of Edinburgh, a member of the Edinburgh Centre for Constitutional Law and a founding member of the Greek Public Policy Forum. He has taught on constitutional law, administrative law and human rights courses at the University of Edinburgh and the University of Hull. He was awarded his PhD for his thesis ‘Whistleblowing and democratic governance: Public Interest limitations in Security and Intelligence’ in 2015 from the University of Hull under the supervision of Professor Patrick Birkinshaw. His research interests include whistle-blower protection, the impact of European sovereign debt crisis on human rights and the case law of the European Court of Human Rights in relation to freedom of expression. His article, “Protecting ‘national security’ whistleblowers in the Council of Europe: an evaluation of three approaches on how to balance national security with freedom of expression” was included in a special issue of the International Journal of Human Rights on ‘National Security and Public Health: Human Rights in conflict’ in 2015.
Navraj Singh Ghaleigh is Senior Lecturer in Law at Edinburgh Law School, where he is the Head of the Public Law team. He teaches and researches environmental, public and constitutional law at Edinburgh, as well as serving as External Examiner at Aberdeen University, and Queen Mary London. He serves as Edinburgh Law School’s representative to the Society of Legal Scholars, and sits on the Executive Committee of that learned society. Navraj also directs two LLM programmes: Global Environment and Climate Change, and Law and Chinese. He has published extensively with international journals and publishers, and has advised listed companies and international organisations.
Edinburgh Law School, University of Edinburgh, Old College, South Bridge, EDINBURGH, EH8 9YL
0131 215 1858
Navraj Singh Ghaleigh
This seminar took place on:
London: Thurs 2 March 2017, 18.00 - 19.30
Further seminars on this subject are planned for 2017/18. Please email us to be notified of this as soon as dates are confirmed.
In the meantime, you may also be interested in attending the following Professionalism event which we are running on 11 October 2017.
Click here for further information.
If you have any questions, please don't hesitate to contact us by calling 0131 2151858, or by emailing us at firstname.lastname@example.org.