A word from the President
Why are we looking at governance reform?
The composition of RCVS Council – our governing body - is set out in the VSA. Therefore, we need to develop proposals for what that composition should be in any replacement legislation, including whether there should be any changes to strengthen and assure public confidence in the veterinary regulator.
The government may want RCVS governance to more closely reflect the principles of public assurance that underpin other regulators
When introducing new legislation, the government may want RCVS governance to more closely reflect the principles of public assurance that underpin other regulators. We have a large majority of professionals on our Council. This, alongside our system of elections, may not provide the best assurance to the public. Nor does it ensure that we have an appropriate mix of knowledge and skills on our governing body.
Meanwhile, Veterinary Nurses Council’s governance composition better reflects the regulatory norm in some respects, compared with RCVS Council, and also does not require new legislation before any changes could be made.
The regulatory landscape
What is a regulator?
A professional regulator is a body committed to setting and upholding the professional standards of one or more professions in the public interest. Amongst other measures, they do this by:
- keeping registers
- creating codes of conduct
- setting educational standards, and
- having complaints procedures and disciplinary processes
It’s important to remember that although our primary function is regulation, our governance structure is far from the modern regulatory norm.
What is a Royal College?
Royal Colleges are organisations created by Royal Charter to fulfil a particular purpose. They are legal entities that exist independently of their members and of government.
Royal Colleges fulfil a wide range of functions, and are often very different from one another. For instance, the Royal College of Music is a conservatoire, and the Royal College of Nurses is a trade union. The medical Royal Colleges are usually professional bodies with a focus on postgraduate education and clinical standards.
Royal Colleges have a range of governance systems. Most are elected, but some are appointed. Some have small governing boards that are separate from their councils, and some do not. There is no single ‘Royal College model’.
The RCVS – a Royal College that regulates
Unlike all other Royal Colleges, however, we are a regulator. The VSA is the primary legislation that underpins and details our regulatory functions and governance, but it sits alongside our Royal Charter.
The Royal Charter empowers us to advance standards as well as set and uphold them, in the interests of the health and welfare of animals and in the wider public interest.
This allows us to take a more holistic approach to regulation than would otherwise be possible, and also underpins the RCVS Fellowship and our award-granting powers.
This combination of Act and Royal Charter is what makes the RCVS a Royal College that regulates.
What does regulatory governance look like elsewhere?
The governance of other regulators is based on principles set out by the Law Commission and adopted by the government. Regulators are tasked with giving assurance to the public, and the governance of regulators is designed to reflect this.
It is the norm for members of governing bodies to be appointed via an independent process to ensure that members have the appropriate skills and expertise
It is the norm for members of governing bodies to be appointed via an independent process to ensure that members have the appropriate skills and expertise. An appointment, rather than election, system also helps avoid the risk of looking like a representative body working in the profession’s interest, rather than a regulatory body working in the interests of the public.
Membership is usually 50% professionals and 50% lay people, to give assurance that the profession is not ‘setting and marking its own homework’. The most recent regulatory body, Social Work England, is entirely lay.
If the RCVS is unique, shouldn’t its governance be likewise?
Our principal purpose is to protect animal health and welfare, and to maintain public confidence in the veterinary professions. We do this by:
- setting standards of professional conduct and veterinary care,
- setting educational standards, by providing guidance on what is expected of veterinary professionals, and
- taking action where there are concerns about fitness to practise.
We must do this in a way that gives assurance to the public and to the government that we are acting in the interest of the public rather than the professions, whose interests may differ.
It is therefore appropriate that we consider governance reform in line with the principles established for other regulators, both in the human health sector and elsewhere.
The RCVS is indeed unique as ‘a Royal College that regulates’, and this may justify some variance from the usual principles of regulatory governance.
RCVS Council has already agreed that it should recommend the retention of a membership of 24 people, which is considerably above the norm. It is also considering whether to maintain a majority of registrant members.
However, the medical Royal Colleges are not regulators, therefore their governance arrangements may not need to reflect the above principles. They are not useful comparators when considering RCVS governance reform.
What 'self-regulation' actually means
One key aspect of self-governance is a statutory regulatory body that regulates without government intervention. This contrasts with models where regulation is carried out directly by government departments. We are not recommending any changes to this aspect of self-regulation.
The traditional model of self-regulation – involving professional majorities and elections to governing bodies – is no longer in-line with government principles on good regulatory governance
In any event, those members elected to Council are not there to represent the interests of the professionals who vote for them. Moreover they’re there to ensure veterinary input into decisions that are in the public interest, a vital function that would continue under an appointed mode.
Of course, it is also in the public interest for there to be a sustainable, confident and well-supported profession – an aim we work hard to achieve.