Quadripartite Select Committee Written Evidence


APPENDIX 1

FINALISED TERMS OF REFERENCE FOR THE ECA REVIEW 2007

SCOPE

  1.  To examine the secondary legislation introduced in 2004 as a result of the Export Control Act 2002[38] to determine:

    —  whether these new controls achieved their desired effect;

    —  whether the resulting impact upon business was proportionate and at an acceptable level; and

    —  whether any unintended or undesirable consequences—commercial or otherwise—have resulted.

  2.  To review the Government's administration and enforcement of the controls introduced under secondary legislation in 2004, and identify any administration and enforcement issues arising.

  3.  To determine whether any of these new controls should be extended, adapted, or abolished, taking account of evidence gained from the work carried out at points 1 and 2 above.

METHODOLOGY

  The review will be conducted fully in accordance with Cabinet Office Better Regulation principles and will follow an evidence based approach.

Better Regulation principles

  The changes to secondary legislation were introduced in 2004 in accordance with Cabinet Office Better Regulation principles, including a public consultation exercise and a Regulatory Impact Assessment.

  The Final Regulatory Impact Assessment will be revisited during the course of this review, using information held within ECO, to confirm that its findings still hold good, and the conclusions of this internal work will form part of the consultation paper. Further evidence generated as a result of the public consultation exercise will be taken into account before final conclusions are reached on the impact of the secondary legislation introduced in 2004.

  Similarly, the assessment of any proposals for new, extended, or altered controls will follow Cabinet Office Better Regulation principles, with the production of an initial Regulatory Impact Assessment, adequate public consultation, and a commitment to further review the impact of any necessary further changes to secondary legislation at a later date.

Evidence based approach

  The key element of the Government's own internal assessment of the effectiveness of existing controls, will be the Government's evidence, (mostly gleaned from licensing statistics and other case-based information). Contributions to the review from other parties should similarly be based on firm evidence, consistent with the Government's commitment to evidence-based policy making and Better Regulation principles. In particular, requests to restrict, change or extend controls, or introduce entirely new ones, should be backed up by evidence of the scale or impact of the problem that needs solving and/or the business consequences of adopting any particular resolution method.

TIMETABLE

  A public consultation will commence in May 2007, with the broad issue of a consultation document. The deadline for receipt of responses will be August 2007.

  Autumn 2007 will be the period for evaluating responses and reporting back to Ministers, with recommendations for change as appropriate. The review will be completed by December 2007, by which time the Government will publish details of the actions it will take. Any legislative amendments will be subject to Post Implementation Review in accordance with Better Regulation principles as above.

November 2006





38   Whilst primary legislation under the Export Control Act 2002 is not the subject of this review, if a change is agreed which can only be effected through amending primary legislation, then this course of action will be followed. Back


 
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