Policy making without legislating: the self-regulation of commercial property leasing

The terms of a commercial property lease covers aspects such as rent, alterations to premises and the ability to leave; consequently they have a significant impact on cash flow and the ability of a business to develop. In contrast to the heavily-legislated residential sector, commercial landlords and tenants in the UK are largely free to negotiate the terms of their contract. Yet, since the property crash of 1989/90, successive governments have taken an interest in commercial leasing; in particular there is a desire to see landlords being more flexible. UK Government policy in this area has been pursued through industry self-regulation rather than legislation; since 1995 there have been three industry codes of practice on leasing. These codes are sanctioned by government and monitored by them. Yet, 15 years after the first code was launched, many in the industry see the whole code concept as ineffective and unlikely to ever achieve changes to certain aspects of landlord behaviour. This paper is the first step in considering the lease codes in the wider context of industry self-regulation. The aim of the paper is twofold: First a framework is created using the literature on industry self-regulation from various countries and industries which suggests key criteria to explain the effectiveness (or ineffectiveness) of self-regulation. This is then applied to the UK lease codes based on research carried out by the authors for the UK Government to monitor the success of all three codes. The outcome is a clearer understanding of the possibilities and limitations of using a voluntary solution to achieve policy aims within the property industry.

‘NSC 68 and the Soviet Threat: A New Perspective on Western Threat Perception and Policy Making’

It has been argued that the US strategy paper NSC 68 of 1950 which ushered in the great Cold War rearmament process first in the US and then in NATO was a vast overreaction. This paper argues, by contrast, that given the intelligence about the Soviet Union's and its satellites' military buildup and the role of China in that period, this was a reasonable strategy to embrace.

‘Modern Man’s Myths: The Influence of Historical Memory on Policy-Making’

Historical events are interpreted by collectivities in ways that are then instrumentalised in policy-making processes. This creates mythical "truths" and "rules of conduct" which in 20th (21st) century Western civilisations are not much different from those of pre-Enlightenment societies.

Assessing the case for mandatory folate fortification : policy-making in the face of scientific uncertainties

This paper presents the view that policymakers face scientific uncertainties in assessing the case for mandatory folate fortification as a policy response to epidemiological evidence of the relationship between folate and neural tube defects. Moreover, the resolution of these uncertainties is confounded by the under-resourced state of nutrition information systems in Australia and New Zealand. The uncertainties relate to potential risks and benefits associated with the intervention for the target group and the population in general. These risks and benefits reflect the mismatch between evidence and policy that arises when addressing a presumed genetic abnormality in at-risk individuals with an intervention that is population-wide in its scope. There is an urgent need to conduct ongoing national nutrition surveys and monitor and evaluate policy interventions to strengthen the capacity of nutrition information systems to inform decision-making for this current, and future, public health nutrition policy.

Conflict resolution and policy making mediation in the Mekong River Basin

The Mekong River serves China, Myanmar, Thailand, Laos, Cambodia and Vietnam covering an area of approximately 795, 000 square kilometres and the Mekong River basin is a delicate eco-system rich in natural resources and bio-diversity. Competing demands for increasingly scarce supplies of water, the reciprocal impacts of land and water uses and inadequate governance arrangements have given rise to conflicts that has to be resolved by policy making to facilitate a process, whereby the main principles adopted in the Mekong River Agreement can be implemented.

Ministers, mandarins and diplomats : Australian foreign policy making, 1941-1969

This volume explores key aspects of the development of the Australian Department of External Affairs in the three decades from 1941 to 1969 as it evolved from a small amateur department to a highly professional global operation.

Analysing health claims policy in Australia : a case study of evidence in food and nutrition policy-making

Purpose: Health claims generally describe an association between a food product and a health outcome. There is debate whether health claims promote or obstruct healthy food selection behaviour. This study investigates the role of evidence in food and nutrition policy-making. The research question is how and why was health claims policy made in Australia? The research is innovative in its critical analysis design and its focus on building theory to help improve food and nutrition policy-making processes and outcomes.

Methods: A case study design was adopted in which events, stakeholders and issues associated with the policy review were described from data generated from interviews and documentary sources. A content-analysis tool is being used to critically analyse textual data. Concepts in the text are being identified and relationships among the policy concepts, stakeholders and processes are being mapped.

Findings: The analysis of data associated with the policy review is revealing a pattern of relationships among stakeholders, processes and concepts around shared values, beliefs and interests towards food and health. Broader food regulation contexts have influenced the decision-making environment. The pattern of relationships shares common characteristics with Sabatier’s ‘Advocacy Coalition Framework’ theoretical explanation of policy-making.

Conclusions: The study findings have implications for health claims policy and practice in Australia. As a case study of evidence in food and nutrition policy-making, this research highlights the role of competing interests, beliefs and values in evidence interpretation. Challenges are identified in undertaking food policy research.

Folate fortification : a case study of public health policy-making

Introducing Evidence Based Health Policy: Problems and Possibilities, Section 1: What is the Problem?, 1: Competing Rationalities: Evidence based Health Policy, 2: Beyond Two Communities, Section 2: What does Evidence Mean?, 3: Evidence based Medicine - The Medical Profession and Health Policy, 4: Mind The Gap: Assessing the Quality of Evidence for Public Health Problems, 5: Health Policy and Normative Analysis: Ethics, Evidence and Politics, 6: What is New in Health Information? Evidence for Health Consumers and Policy Making, 7: From Evidence based Medicine to Evidence based Public Health, Section 3: Policy Case Studies, 8: The Viagra Affair: Evidence as the Terrain for Competing Partners, 9: Folate Fortification: A Case Study of Public Health Policy-Making in a Food Regulation Setting, 10: The Supply and Safety of Blood and Blood Products - Evidence, Risk and Policy, 11: The Development of Nurse Practitioner Policy, 12: Creating Healthy Public Policy for Oral Health: How was the Evidence Used?, 13: Regulation of Traditional Chinese Medicine in Victoria, 14: The Victorian Primary Health Care Reforms: A Case Study of Evidence-based Policy Making, 15: Evidence-based Practice in the Australian Drug Policy Community, 16: Challenging the Evidence - Women's Health Policy in Australia, 17: Evidence and Aboriginal Health Policy, 18: The Limits to Technical Rationality in the Health Inequalities Policy Process, 19: Evidence-based policy: A Technocratic Wish in a Political World, Section 4: Is the transfer of evidence into policy possible?, 20: The Community Model of Research Transfer, 21: Getting Research Transfer into Policy and Practice in Maternity Care, 22: Improving the Research and Policy Partnership: An Agenda for Research Transfer and Governance, 23: Framing and Taming 'Wicked' Problems

Folate fortification : a case study of public health policy-making

This thesis investigates the use of scientific evidence in the process of making public health policy. A case study located within a food regulation setting is used. The aim is to test theory against this case study. The outcome is a theoretical understanding of the use of scientific evidence in the policy-making process in a food regulation setting. Food regulation can influence food composition and food labelling and thereby affect the population's dietary intake. Frequently there are contested values, beliefs, ideologies and interests among stakeholders regarding the use of food regulation as a policy instrument to effect public health outcomes. The protection of public health and safety, taking into account evidence based practice, is generally employed by food regulators as the priority objective during the policy-making process to adjudicate among the competing expectations of stakeholders. However, this policy objective has not been clearly defined and is vulnerable to interpretation and application. The process by which folate fortification policy was made in Australia, in response to epidemiological evidence of a relationship between folate intake during the periconceptional period and reduced risk of neural tube defects, was analysed as a case study of the policy-making process. The folate fortification policy created a precedent for both food fortification and subsequently health claims policy in Australia. A social constructivist method was used to analyse the case study. The method involved deconstructing the food regulatory system into three levels; decision-making process; procedural; and political environment. Data aligned with each level of analysis was collected from 22 key informant interviews, documentary sources, field notes and surveys of both a random sample of the Australian population's knowledge of folate and use of folic acid-containing supplements (n = 5422), and the implementation of folate fortified food products into stores (n = 60). The insights that emerged from each of the three levels of analysis were assessed iteratively to identify a pattern of interrelationships associated with the policy-making process within the food regulatory system. The identified pattern was interpreted against existing theory to gain a theoretical understanding of the public health policy-making process in this political setting. The central argument of this thesis extends Sabatier and Jenkins-Smith's Advocacy Coalition Framework theory to a food regulation setting. The argument is that within the contemporary political climates of neoliberalism and globalisation, a coalition between corporate interests and the values of scientists with a positivist-reductionist approach to public health research is privileged so as to invoke certain scientific evidence to, in turn, legitimise food regulation policy decisions. The theory will help to inform policy-makers about how and why the public health policy objective in a food regulation setting is interpreted and applied. This will contribute to improving policy practice intended to effect public health outcomes. It is concluded that irrespective of the quantity and quality of the scientific evidence that is being made available, scientific evidence cannot be assumed to speak for itself Policy-making is an inherently political and value-laden process and the potential for politically motivated interpretation and application of otherwise value-neutral scientific evidence can undermine the investment in its generation. From this perspective, evidence based practice, far from liberating policy-making from political influence, can itself become part of the problem rather than the solution. Nevertheless, rational evidence based practice is an ideal to strive for and a series of recommendations is proposed to help make the use of evidence in current food regulation policy processes more transparent and democratic.

Forgotten outcomes for rural areas in central policy-making : the case of blue gums in Australia

The expansion of private forestry and the partnership between government and private sector timber growers and processors highlights the issues associated with a functionally based rather than a place based approaches to changing patterns of land use in rural areas. Rural development through blue gum forestry was promoted as a means of revitalising rural communities, providing both economic and social gains to regional areas. The purpose of this study is to examine the economic consequences of policies designed to promote plantation forestry at a local level. It concludes that while plantation forestry may bring benefits to the national economy, these benefits may not be apparent at a local level especially if the industry operates in competition with a viable alternative.

Story-telling and policy making : the construction of university entrance problems in Australia

This paper is a study of the politics of policy making within the context of Australian university entrance policy. It argues that policy making is more concerned with the social construction of policy problems than with their resolution and that in this respect the problem-solving image of policy making is flawed. Additionally, the paper explores the ways in which policy problems are constructed and how competing stories are resolved within policy making. The paper concludes that in this case such stories of university entrance were absorbed within the government's agenda for reform through the use of participative processes restricted to the consideration of best solutions rather than particular problems.

Deliberative educational planning : including educators’ deliberations in educational policy making.

The objective of this chapter is to argue a case for the need to include teachers and professional educators in the policy making and implementation processes of the World Bank's Education Sector Strategy 2020. By drawing on evidence from the Consultation Plan, the chapter investigates how communicative practices about teachers are embedded in the discourse of the plan and how these influence the rationalisation of the policy. In doing so, the chapter will examine the relationships between social actions, systems rationalisation and life world rationalisation. Much like commercial and entrepreneurial organisations focus on the voice of the customer (VOC), that is on satisfying the stakeholders and end users in their processes, in this chapter, the voice of the teacher (VOT) is highlighted. The skills and knowledge of key stakeholders need to be leveraged and engaged in order to ensure that the policy achieves its desired aims. In order to frame this argument, notions of Habermas’ communicative action theory is used to show how policy engages in systems steering. Rather than understanding education strategy and reform as a process of engaging only government and policy makers, this chapter suggests that by engaging the practitioners and listening to the practical discourse around reform, teachers can be leaders of reforms rather than obfuscated agents.