Recommendation 17

An outcomes-focused regulatory approach is one characterised by setting overall outcomes or principles expected of the regulated industry, rather than specifying rules. This has the benefit of often being more responsive to change because the regulatory objective or outcome remains the same even where the process or activity being regulated has changed. This was observed during the COVID-19 pandemic, for example with a rolling review process for vaccine approval (as set out in paragraph 13). An outcomes- focused approach can also be less burdensome for business in general.34 The HSE told us that it works with businesses to set outcomes, and provided that a business shows that it can meet those outcomes, the HSE does not try to second-guess how the business should work and specifically what it should do.35 We also received academic evidence as part of our inquiry which argued that good regulation comprises a broad outcomes-focused approach combined with detailed guidance.36 We were surprised that not all regulators have an outcomes-over-process model embedded in how they operate.37