ILEX PROFESSIONAL STANDARDS LTD CONSULTATION: PROPOSAL

The YBC is of the view that the consultation paper does not attempt to explain the need to revise the terms of reference of the Committee, indeed it is silent on whether there is a need. [...] The view of the YBC is that these proposals, and the apparent current practice of the ARC, run counter to the letter and spirit of the Rights of Audience Certification Rules (‘ROA Certification Rules’). [...] Bearing all of the above in mind, the YBC is of the view that: (1) these proposals are not in the public interest; (2) the consultation paper has not demonstrated that the regulatory objectives will be achieved, rather the proposals run the risk of prejudicing the regulatory objectives; (3) the need to make the suggested changes has not been made out. [...] This appears to permit the circumvention of the proper process of assessment of the other aspects of the application by the ARC. [...] Bearing in mind the paucity of such information in the consultation paper, the YBC is driven to the conclusion that the case for removing the decision making from the ARC and placing it in the hands of a single person, with unknown qualifications, is not made out.