The Spectrum - Issue 4 (2014)

THE SPECTRUM

Edition 04 | September 2014

President’s Note “Never believe that a few caring people can't change the world. For, indeed, that's all who ever have."

— Margaret Mead Dear all, You’re holding in your hands a fourth edition of our journal, The Spectrum, which is exclusively written by our members, students both undergraduate and postgraduate at our alma mater, King’s College London. This publication is not only a culmination of the past year’s efforts of our members, but also tangible evidence of the ideals our members stand for – the materialisation of independent thinking and solution-based approach. Above all, it proves that a generation of today’s students is a growing into policy-makers striving to design a better tomorrow.

It was my honour to lead King’s Think Tank the past academic year and this way, I would like to thank all our enthusiastic supporters and visionaries. In particular, our fantastic 50member Committee who have worked countless hours putting on up to 3 events per week over a 7-month cycle, editors doing a meticulous job editing and helping out with articles, our writers thinking long and hard about the problems and finding remedies for them, mentors supporting our writers, all our speakers who provided our members with insights into the topics, our sponsors, KCLSU, the Alumni Office, our founder Ben Counsell and our kind patron Tim Hailes.

We have grown considerably for the past 4 years and we strive continuously to provide our members with an open forum for debate and reflection as well as opportunities and tools for evidence-based policy making. For the past year, we managed to run over 30 panel discussions spread across seven policy centres. We also added a new type of event: roundtable where students can discuss and draw up policies with experts. We ran four very successful editorial workshops and we spearheaded the Careers in Public Policy Week for a second year. We also organised several sessions in Parliament as well as became a proud member of Parliament Week. In addition, we are a proud member of CampusPolicy that continues to grow.

The policy recommendations which feature in this year’s edition are only a fraction of the potential student movements can encompass. I firmly believe that they signify the momentum of new frameworks of student thinking.

Michelle Liptakova King’s Think Tank President 2013-‘14

Editors’ Note Four years ago, a group of students sat in the Maughan Library café discussing the foundations, limitations and hopes of the King’s Think Tank, the society that represented the missing link between students, ever so politically active, and policy-makers. As part of that bushy-tailed, wide-eyed but well-intentioned and determined first committee, we have watched the Think Tank become the first student-led policy institute in London and the largest organisation of its kind in Europe. At the heart of our initiative was The Spectrum, the annually published journal that brings together student contribu-tion to national and international policy. Four years on, the journal is still the essence of this enterprise and the evidence of a year of hard work and commitment from commit-tee and students alike. This edition marks numerous developments and a focus on quality and teamwork, present in the panel events and workshops throughout the year and in the resulting policy recommendations.

Every year has seen the Think Tank grow, adapting not only to the interests and wants of the student body, but also to an ever-changing and fast-paced world. A student society is very easily drawn to panel events and debates, but the essence and purpose of the think tank has always been the Spectrum. We are pleased to say that the developments in 2013-2014 focused on reinforcing the centrality of the journal and ensuring the quality of the policy recommendations is the best so far. On one hand, this year’s writing workshops emphasised more commitment and enthusiasm as key to a quality journal. On the other hand, the introduction of roundtable events gave our members the opportunity to discuss in-depth the policies they are most passionate about in order to better build their case for a policy recommendation. Our Law roundtable on “Decriminalising sex work: sex workers, agency and the Nordic model” inspired one of our members to publish her policy thoughts in this editions and we hope this will be the case for the year to come.

This edition of The Spectrum mirrors a year of hard work across the whole think tank. As the result of our committee’s efforts to make 2013-2014 the best to date and also the product of our members’ passion for policy-making, we hope the journal will encourage you not only to question the policies we live by, but also inspire you to look for alternatives and solutions.

Manon Glaser & Andrada Dobre King’s Think Tank Editors-in-Chief 2013-‘14

This year, King's Think Tank organised 29 panel discussions, with 55 speakers, held three roundtables and four editorial workshops. Thank you so much to all that have been involved with King’s Think Tank, and have made this publication possible.

With the undeniable recognition of the fact that students have become and will stay an integral and crucial actor in the policy process: together, we are writing history!

Table of Contents About King’s Think Tank 1

1

Business & Economics Should the national living wage be made the legal minimum wage?

3

by Alexander Wylde

2

Law A Proposal for the Decriminalisation of Sex Work in England and Wales

9

by Claire Smith in collaboration with ECP

Uncertainty over Restrictions by Object and by Effect Still Looming

15

by Ivona-Elena Zegrean

3

Education Capacities over content: reforming curriculum reform

21

by Claire Field

4

Energy & Environment Carbon Pricing in a Time of Uncertainty

27

by Johanna Grusch

Can an American style Shale Gas Revolution become a European Reality?

34

by Tom Brooks

5

Healthcare Is compassion overrated?

43

by Rekha Vijayshankar Acknowledgements

52

Copyright Notice Permitted Uses; Restrictions on Use Materials available in this publication are protected by copyright law and have been published by the King’s College London Think Tank Society (“King’s Think Tank Society” or “King’s Think Tank”), a member of the King’s College London Student Union.

Copyright © 2014 KCL Think Tank. All rights reserved.

No part of the materials including graphics or logos, available in this publication may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission. To request permission to use materials, please contact our editorial team on editor@kingsthinktank.com. Distribution for commercial purposes is prohibited unless prior agreed upon with the King’s Think Tank Society.

Disclaimer The views and opinions expressed in the articles that form this publication are those of their respective authors and do not necessarily reflect the position of the KCL Think Tank. The authors of the articles retain full rights of their writings, and are free to disseminate them as they see fit, including but not limited to reproductions in print and Web-sites. The King’s Think Tank does not endorse, warrant, or otherwise take responsibility for the contents of the articles.

The Spectrum | Edition 2014

About King's Think Tank King’s Think Tank is the first student-led policy institute in London, and the largest organisation of its kind in Europe. Founded in the wake of the 2010 student protests, King’s Think Tank provides students with an opportunity to express their opinion on the most pressing social, political and economic challenges of our time. We engage students from a wide range of disciplines, regardless of their background or political affiliation. The uniqueness of our work lies in bridging the gap between policy-makers and students, by allowing the latter to express their opinion on issuespecific public policy matters.

Within King’s Think Tank, students are given the opportunity to introduce their ideas, reflect on them during panel discussions, argue for them during roundtables, and form them in a qualitative piece with the help of the editorial team. Students are encouraged and supported in writing qualitative, evidence-based articles to suggest alternatives to current policies and propose the most appropriate policy solutions. We give them the tools and platform to introduce their ideas, form them in a convincing and impactful manner, and get them published in our policy recommendation journal, The Spectrum. Throughout this process, students are accompanied by the editorial team, as well as academic mentors (e.g. professors, Masters and PhD students, and professionals) that provide them with advice and support. Ultimately, the tools and platform we provide allows students to further their professional and personal development, while advancing alternative policies to decision-makers.

King’s Think Tank exists primary for students; in this manner, our greatest achievements is that over the past four years of our existence, we have attracted students from all disciplines and stimulated their interest in evidence-based policy making. Ultimately, the underlying purpose of our endeavour is to challenge the idea of policy makers and shapers: We believe we are fostering a new generation of policy makers.

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Business & Economics

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S HOULD THE N ATIONAL L IVING W AGE BE M ADE THE L EGAL M INIMUM W AGE ?

by Alexander Wylde

der to have a minimum acceptable standard

Introduction

of living’.3 This standard is decided by a focus group comprised of members of the public,

Low-pay has become an important political

who agree on the goods required to meet

issue. The national minimum wage is, in real

this basic standard of living. It is therefore

1

terms, at its lowest level since 2004. This fall

‘rooted in social consensus about what peo-

in real income, in conjunction with recent

ple need to make ends meet’. 4 The living

changes to tax credits and benefits, has led

wage is then calculated on that basis, taking

to what has been termed a ‘cost of living cri-

into account what is required to afford the

sis’. This in turn has led to renewed calls for

specified goods. Importantly, we should note

employers to pay a ‘living wage’. This paper

that the stated figure is premised on the full

recommends that there should be a substan-

take-up of tax credits and other means-

tial rise in the legal minimum wage so that it

tested benefits. Were it not, the figure would

falls into line with the national living wage.

be several pounds higher than it is.5

First, we should make clear what is meant by

Some employers have voluntarily implement-

a ‘living wage’. The most widely accepted

ed the living wage. However, this has had a

measure of the living wage in the UK is pre-

limited impact on the number of people being

sented by the Living Wage Foundation, so we

paid less than this. In London, for instance,

will take that measure. The living wage for the

only around 10,000 workers won a living

UK outside of London is calculated and re-

wage in the six years between 2005 and

leased each November by academics at the

2011. 6 Furthermore, many living wage em-

Centre for Research in Social Policy at

ployers have far fewer staff on low pay to

Loughborough University, and is currently set

begin with (for instance KPMG), whereas in

at £7.65/hr (the Greater London Authority

the retail, bar, restaurant, and entertainment

uses a similar methodology to arrive at the

sectors there has been little sign of move-

figure of £8.80/hr in London).2 We will focus

ment towards the living wage. Unfortunately,

on the outside of London wage. This is defined as being ‘what households need in or1 2

Pennycook (2012), p. 4 Living Wage Foundation

3

Loughborough University Centre for Research in Social Policy 4 ibid 5 Pennycook (2012), p. 4 6 ibid, p. 2

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in a competitive market it is difficult to see

The Living Wage and Child Poverty

that the companies who employ the majority of individuals on the minimum wage will be able to pay the living wage. The problem, at

We should now consider whether it would be

least in the low-pay sectors, seems to be one

desirable to implement an increase in the

of collective action: no one company will

minimum wage as discussed. There are sev-

make the first step to substantially increase

eral strong reasons in favour of such a rise.

the pay of their employees, since this would

For instance, the idea that everyone should

harm their competitiveness. The most obvi-

benefit from the economic recovery, and that

ous way of tackling this problem is by raising

there should be good incentives to work.

the legal minimum wage, thus requiring all

However, perhaps most the most important

employers to pay their employees more, and

is the issue of child poverty. In 2010, the

putting none of them at a relative disad-

Child Poverty Act was passed, which im-

vantage. There is therefore a very reasonable

posed a legal duty for current and future gov-

case for thinking that if the government is se-

ernments to take action to achieve four cen-

rious about supporting the idea of a living

tral targets relating to child poverty.8 This in-

wage, it should consider using the legal min-

cludes a commitment to reduce absolute

imum wage to introduce it into the sectors

child poverty to under 5% by 2020. 9 As it

just mentioned.

stands, however, this target will almost cer-

However, current government policy has

tainly not be met. The numbers are stagger-

been to implement only modest increases in

ing: there are currently 2.6 million children in

the minimum wage. In March 2014 the gov-

absolute income poverty, a figure which in-

ernment accepted the Low Pay Commis-

creased by more than 275,000 in 2011-12.10

sion’s recommendation to increase the rate

Furthermore, a recent report predicts that

for adults by 11p/hour. This represents an

even on the most optimistic forecasts of em-

above inflation rise. However, given the con-

ployment and wage growth, absolute child

text of the past five years, where the mini-

poverty will remain high, at 21.2%. 11 It is

mum wage has remained low while the cost

therefore indisputably clear that radical action

of living has increased dramatically, this rise

needs to be taken if these targets are to be

does not solve the issue of low pay. In fact,

met. Furthermore, it is equally clear that the

the gap between the minimum wage and the

problem is (certainly in most cases) a problem

national living wage is still significant.7

of low pay, not ‘laziness’ on the part of the parents. Two-thirds of children in poverty live in working households, with pay for those on the current minimum wage now so low that some parents working full-time still do not 8

Child Poverty Act 2010 ibid, part 1, sec. 5 10 Milburn et al. (2013), p. 14 11 Reed and Portes (2014), p. 35 9

7

4

Living Wage Foundation, historical data: http://www.livingwage.org.uk/calculation

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earn enough to bring their children out of

costs will lead to firms going bust, and will

poverty.12

harm the economic recovery, thus making us

A substantial rise in the legal minimum wage

all poorer.

so that it falls in line with the national living

However, empirical research suggests that

wage would go great lengths to address this

these fears are mostly unfounded. As the

problem, and may give us some hope of

London Economics report on the living wage

meeting the 2020 child poverty targets. The

points out, in a review of literature on the liv-

adoption of the living wage would give mil-

ing wage in the United States, the three main

lions the opportunity to work their way out of

effects of living wage mandates in the US

poverty—an opportunity they simply would

were: first, only modest cost increases for

not have under current conditions. The result

employers; second, absolutely no adverse

on child poverty is difficult to estimate. But

effects on employment (indeed, employment

given the number of those children in poverty

even sometimes grows); and third, a positive

that live in working households, there is great

effect on productivity by reducing staff turno-

potential for a higher minimum wage to have

ver and improving morale.14 Moreover, similar

a substantial impact on the numbers of chil-

results were found in the UK by the report’s

dren in poverty.

own studies into companies that have implemented the London Living Wage:

Is the Living Wage Economically Feasible?

We found evidence of little or no impact on business performance of London Living Wage implementation. All LLW employers

We have so far seen that it would be desira-

reported no change in sales/turnover. Half of

ble to pay the living wage on the grounds of

employers also saw no change in their profits,

combating child poverty. Nevertheless, there

with two seeing a slight decrease and one a

is still opposition to the idea on the grounds

slight increase. The majority also experienced

that a substantial increase in the minimum

no change in prices or output.15

wage is economically unfeasible. The main worry is that it will increase unemployment.

Conventional economic theory predicts that the imposition of an above market minimum wage will result in firms reducing the amount of low wage labour they employ.13 Hence, a substantial increase in the minimum wage, so that it meets the living wage, will be counterproductive, since it will inevitably lead to higher unemployment. Furthermore, higher labour

These studies suggest that not only does the increase of a living wage not lead higher unemployment, it also has little effect on businesses in terms of additional labour costs.

Furthermore, there is substantial evidence that there are real benefits for those that pay their staff a living wage. The London Economics report found that benefits to companies included16: 14

12

op. cit.

13 London Economics (2009), p. 7

ibid, p. 12 ibid, p. viii 16 ibid, see p. 17 for full list 15

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5

-

-

lower staff turnover, reducing ex-

demand for labour to meet this demand, re-

penditure on induction and training of

sulting in a fall in unemployment. It therefore

new staff,

seems reasonable to conclude that raising

lower absenteeism, with one employer reporting a fall of 25%,

-

17

higher productivity—‘Two thirds of

the minimum wage is not quite so unfeasible as it is often made out to be. In fact, it may even aid the economic recovery.

employers reported an increase in output per worker per hour’,18 -

Implementation

higher worker morale and motivation, better work ethic, more positive at-

-

mosphere,

How should a rise in the legal minimum wage

easier implementation of changes to

to the national living wage be implemented?

working practices,

One issue is the time scale for implementa-

improved stakeholder relations and

tion across different sectors. Since the cost

buyer/seller relationships,

of implementing a living wage varies widely

benefits to employees.19

across industries, it is natural that the time-

It is worth noting that this evidence has its

scale given for companies to implement a

limits, since it is confined to particular cases

living wage should vary also. For firms in con-

where living wages have been implemented,

struction, software and computing, banking,

for instance by individual companies; and it is

and food production the average increases in

yet to be seen what the effects of a national

wage bills will be around 1% or less.20 For

imposition of the living wage would be. But

these industries, the implementation of a liv-

there is reason for optimism. When the mini-

ing wage within 6 months should therefore be

mum wage was first introduced back in

feasible. For other sectors such as retail,

1996, there were dire warnings that it would

bars, and restaurants, estimates for the in-

lead to mass job losses, but these fears did

crease in wage bill vary between 4.7 and 6.2

not materalise. Similarly, there is no prima

%—a significant increase, but not an impos-

facie reason for a higher minimum wage to

sible one.21 One very sensible suggestion is

now lead to mass redundancies. Indeed,

that these companies implement an initial in-

there are arguments based on economic

crease to 90% of the living wage (£6.48 na-

theory that can be support the opposite

tionally) within 6 months. 22 This will enable

stance. Higher wages, for instance, will lead

businesses to make adjustments before

to an increase in demand for goods and ser-

eventually moving up to the full living wage

vices, which in turn would lead to a higher

within 1-2 years. Looking forward, future rises in the national minimum wage should be tied

17

ibid, p. vi ibid, p. 24 19 ibid, p. vii. The following is a common story: “Being paid the higher wage means I can pay to go to college – I’m studying in the evenings to be a computer programmer.”

18

6

to the national living wage. It is a further 20

ibid, p. 2 ibid 22 ibid, p. 11 21

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question whether this should continue to be

wage. This increase should be introduced

determined by the Low Pay Commission or

immediately for the majority of employers,

the CRSP. In any case, the methodology

with phased implementation in certain sec-

ought to be the same: determine the social

tors such as retail, bars, and restaurants. The

consensus on what goods are minimally re-

primary reason for recommending this course

quired in order to have an acceptable stand-

of action is that it will help the government

ard of living, and then determine what wage

fulfil its legal obligation to act to meet its child

is required in order to meet the cost of those

poverty targets by 2020. Raising the mini-

goods.

mum wage will help achieve this target by increasing the incomes of low-paid working households. With child poverty continuing to

Conclusion

rise, the imperative to do something about it becomes ever greater—and raising the mini-

It is therefore advised that there should be a substantial increase in the legal minimum

mum wage could be what makes the difference.

wage so that it is in line with the national living

Bibliography Living Wage Foundation, information available at: http://www.livingwage.org.uk/ London Economics (2009), An independent study of the business benefits of implementing a Living Wage policy in London, available at: http://www.london.gov.uk/mayor/economic_ unit/docs/living-wage-benefits-report.pdf Loughborough University Centre for Research in Social Policy, information available at: http://www.lboro.ac.uk/research/crsp/mis/th elivingwage/ Milburn, A. et al. (2013), ‘State of the Nation 2013: social mobility and child poverty in Great Britain’, Social Mobility & Child Poverty Commission, available at: https://www.gov.uk/government/uploads/sy stem/uploads/attachment_data/file/292231/ State_of_the_Nation_2013.pdfIbid

Pennycook, M. (2012), ‘What Price a Living Wage? Understanding the impact of a living wage on firm-level wage bills’, IPPR & Resolution Foundation, available at: http://www.resolutionfoundation.org/media/ media/downloads/Final_What_Price_a_Living_ Wage_1.pdf Reed, H. and Portes, J. (2014), ‘Understanding the parental employment scenarios necessary to meet the 2020 Child Poverty Targets’, Social Mobility and Child Poverty Commission, available at: https://www.gov.uk/government/uploads/sy stem/uploads/attachment_data/file/318073/ 3b_Poverty_Research_-_Final.pdf United Kingdom (2010) Child Poverty Act 2010: Elizabeth II, London: The Stationary Office, available at: http://www.legislation.gov.uk/ukpga/2010/9/ contents

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8

Law

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A P ROPOSAL FOR THE D ECRIMINALISATION OF S EX W ORK IN E NGLAND AND W ALES

by Claire Smith in collaboration with ECP

However, rather than viewing the sale of

Introduction

sex as a problem which must be eradicat-

‘Seventy per cent of sex workers are mothers, mostly single mothers. What would happen if that one, indisputable fact framed proposals for changes in policy on prostitution? Mothers would be given the financial and other support we need so that we don’t have to go on the game to feed our kids. Instead we face benefit cuts, lowering wages and higher rents. Debt, domestic violence, and homelessness, which are other key factors driving women into prostitution, would also be tackled.’

ed, it should rather be viewed as a symptom of underlying problems.

Many sex workers may very well ‘choose’ prostitution as a way of making a living to support and feed their families, but it cannot be seen as a ‘choice’ in the conventional sense, as it is a choice of the lesser of many evils. As one sex worker put it: ‘Most of the other girls or women that I meet on the street are there to keep their families together; their children out of care. It gives them a little bit of control about when to have the heating on or not, instead of having to stay in bed with the covers on to stay warm. They go out for an hour and make enough money to pay a bill. Sometimes that is the only control, the only choice we have in our lives. We can stay in bed, live in squalor, survive on bread and jam, but personally I feel I deserve more and so does my daughter.’23

This statement was given in evidence to an All-Party Parliamentary Group on Prostitution (APPG) by Niki Adams of the English Collective of Prostitutes (ECP) in March 2013. The APPG went on to recommend a change in the law to increase the criminalisation of prostitution by criminalising sex workers’ clients.

The APPG’s premise is fundamentally flawed in that it starts with the remit to

Rather than stigmatising sex workers, leg-

‘develop proposals for government action

islation should instead provide a compre-

with a focus on tackling demand for the

hensive benefits scheme, including hous-

sex trade.’ Consequently, the Inquiry’s

ing schemes, especially for women with

conclusion is to recommend the blanket criminalisation of the purchase of sex.

23

Jenny Pearl (ECP)

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young families who turn to selling sexual

a criminal conviction – as a result they will

services for lack of an alternative means of

find it almost impossible to get any other

feeding their families and putting a roof

kind of employment. And most important-

over their heads. No one makes choices in

ly, women’s safety is seriously under-

a vacuum – no one is ever an entirely free

mined as sex workers are deterred from

agent. Therefore, a policy on this issue

coming forward to report rape and other

should be respectful of individual choice

violence for fear of arrest (and for immi-

and bolster exit routes through benefits

grant women, fear of deportation). This

and the provision of viable alternatives ra-

leaves them at the mercy of potentially

ther than criminalisation of either those

violent men who are aware of their posi-

purchasing sexual services or those selling

tion and take advantage of it. 27

them.

Current Legal Position in the United Kingdom

All-Party Parliamentary Group – ‘Shifting the Burden ’ In 1999 Sweden passed the Sex Purchase

Under current UK laws, although exchanging sexual services for money is not illegal, in practice it is virtually impossible to do so without breaking the law. Women working on the street can be charged with loitering and soliciting (and increasingly ASBOs and compulsory rehabilitation orders). 24 Two women or more working together in the same premises, even for safety reasons, can be charged with brothel keeping; 25 and anyone who associates with a sex worker (e.g. partner or spouse) could be held liable for a controlling offence. 26 Raids and prosecutions are increasing and hundreds of women who are working to survive and support their families are having their lives wrecked by 24

Street Offences Act 1959 s.1, as amended by the Policing and Crime Act 2009 ss. 16 and 19 25 Sexual Offences Act 1956, s.33, as amended by the Sexual Offenses Act 2003, s. 55 26 Sexual Offences Act 2003 s.52, as, in some ways, such as household bills etc., they are “profiting” from the proceeds of sex work.

10

Act (sexköpslagen) criminalising the purchase of sex, aiming to create a prostitution-free society by tackling demand. If the sale of sexual services is viewed as a form of gendered, patriarchal violence against women, as a profession which cannot be freely chosen, then the Swedish model appears to be an ideal solution. However, the most striking aspect of the Swedish model is its failure to demonstrably reduce prostitution in the long term since the inception of the law.28 Furthermore, the new policy has actually resulted, in some in27 28

See e.g. Verkaik (2009) e.g. Levy (2013); Stevenson (2014), amongst other evidence, a recent Police report from Sweden mentions that: ‘In 2009, the National Bureau of Investigation estimated that there were about 90 Thai massage parlours in Stockholm and vicinity, most of which were judged to be offering sexual services for sale. At the turn of 2011/2012, the number of Thai massage parlours in the Stockholm area was estimated to be about 250 and throughout the country about 450.’

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stances, in an increase in the harm and

1999 Act.33 Street sex work is merely the

danger inherent in certain types of sex

obvious manifestation and should not be

work. As such, Sweden’s continuing ef-

utilised as an indicator of trends in others

forts to export their model to other Euro-

areas of sex work. As Ruth Jacobs, who

pean

and

initially gave evidence at the inquiry, has

Northern Ireland, seems to be entirely out

put it in an article published since the pub-

of line.

lication of the APPG report:

countries,

including

France

‘At the time of providing my written evidence last year to the APPG, I was a supporter of the Swedish model as I did believe it was in the best interests of people in the sex trade. It seemed to make sense that women, men, trans men and women and non-binary people selling sex would be decriminalised and exiting routes would be invested in and established. Clients would be criminalised to ensure a reduction in demand for sexual services, and with statistics that I had read of 9 out of 10 people in prostitution wanting to leave the sex trade if they could, the model sounded like an ideal solution.

Firstly, there is little data available regarding indoor sex work. 29 Any data available appears to centre on observable street sex work, but this data cannot be extrapolated to imply that overall levels of sex work have been reduced. Instead, it appears that with new technological innovations since 1999, sex workers are using other means to find clients, such as mobile phones and the Internet,30 or making contact in bars, restaurants and hotels. 31 However, this shift from street sex work to indoor venues cannot necessarily be en-

However, the "end demand" model has failed in Sweden, a wealthy country with a small population and a small number of people engaged in selling sex. If it cannot work there, it has no chance of working in the UK.’34

tirely attributed to the Sex Purchase Act. Instead, this shift can be seen as part of a general trend of decreasing street-based sex work in parallel with other societal developments featuring new technological developments, which now allow sellers and purchasers of sexual services to make contact through less direct means. 32 In short, it is difficult to discern any clear trend of development of sex work since the Sex Purchase Act. In a 2007 report the National Board of Health and Welfare noted a return of street prostitution after its initial disappearance in the wake of the 29

Dodillet and Östergren (2011), p.10 30 ibid 31 Holmström (2008), p. 307 32 National Board of Health and Welfare (2008), p.63

The Inquiry recommends: ‘Removing soliciting offences that target women involved in prostitution from statute and instead dealing with persistent anti-social behaviour under ASB legislation.’ ASBOs are draconian, as breaching an ASBO is a criminal offence, which carries a sentence of up to five years in prison. For example, one woman in the ECP network was given an ASBO for 26 years, banning her from a

33 34

ibid Jacobs (2014)

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whole

borough

of

London,

including

where she lives.

without fear of arrest;

36

attacks are

cleared up more quickly; and there has been no increase in prostitution. 37 The

Although sex workers are more vulnerable

New Zealand legislation has created ‘a

to dangers and often experience higher

framework to safeguard the human rights

levels of rape and other violence, this does

of sex workers and protect them from ex-

not imply that sex work is inherently vio-

ploitation, promote the welfare and occu-

lent. Other professions, such as domestic

pational health and safety of sex worker,

workers, experience comparable level of

to contribute to public health, and prohibit

violence and abuse,

35

yet in these situa-

the use in prostitution of persons under

tions the solution is to empower the work-

18 years of age.’ 38 Any legislative change

ers rather than criminalising those who

in the UK should, like in New Zealand, in-

employ them. Similarly, domestic violence

clude the decriminalisation of women

is one of the most common forms of vio-

working on the street who are most vul-

lence against women with, on average,

nerable to violence and arrest.

two women a week who are killed by their partner or former partner. Yet it would be

The movement for decriminalisation is

laughable to propose banning relationships

gaining ground. In September 2010, in

or marriage in order to combat the prob-

response to a legal challenge brought by

lem. To conflate sex work with violence is disparaging of sex workers, implying that they cannot make rational decisions and cannot tell the difference between consenting sex and rape or other forms of violence.

sex workers in Ontario, Canada, the court abolished the prostitution laws (which are modelled on the British ones). 39 Superior Court Justice Susan Himel ruled that sex workers’ constitutional right to ‘life, liberty and security’ were being violated: ‘I find

Policy Recommendations

that the danger faced by [sex workers] greatly outweighs any harm which may be faced by the public.’40

1. Decriminalisation of sex work Prostitution was decriminalised in New

2. Exit routes for sex workers

Zealand in 2003 under the Prostitution Reform Act, (crucially without either endorsing or morally sanctioning prostitution). As a result, sex workers are more able to report violence to the authorities 35

O.O.O & Others v The Commissioner of Police for the Metropolis (2011)

12

36

Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003 (2008), p.14 37 ibid, p. 29 38 ibid, p.13 39 Associated Press (2010) 40 ibid

The Spectrum | Edition 2014

The government should also invest in exit-

to increase the dangers and stigma at-

ing routes for those wishing to leave sex

tached to sex work. Therefore, serious

work. In the New Zealand report, research

consideration should be given to the New

found that around 93% of sex workers

Zealand Prostitution Reform Act 2003 as a

surveyed by the Christchurch School of

model for decriminalising prostitution in the

Medicine cited money as a reason for

UK.

both entering and staying in the sex in-

In particular, the current UK laws need to

dustry.

41

The most effective way to pre-

vent people from entering the sex industry is to offer them alternative means of earning a living for themselves and their families. The government should therefore endeavour to provide viable economic alternatives to prostitution for those who want to get out. These should include: refuge places and other targeted assistance for women to escape domestic violence; housing priority for sex workers who are “vulnerable� because of homelessness,

be amended in order to prevent women being trapped in prostitution by fines and criminal records by repealing loitering and soliciting laws along with those laws which criminalise women working together in premises. On this issue New Zealand sets a good example by expunging all pre-bill criminal records for offences related to sex work which had previously been decriminalised. Sex workers should be able to work together more safely from premises and the laws on brothel-keeping and clo-

drug use, domestic or other violence; fi-

sure orders should be abolished. The law

nancial help to cover childcare costs; and

should target abuse and violence rather

immediate and appropriate drug rehabili-

than women working consensually and

tation services for those who want them.

collectively.

In summary, the New Zealand policy of

3. Protection of sex workers

decriminalisation of offences relating to sex work should be adopted in the UK. De-

However, it must be born in mind that it is

criminalisation is the most viable model for

by no means the case that all sex workers

a fair and equal framework in the UK. It

want to exit the industry and may not nec-

would ensure that sex workers are not dis-

essarily appreciate being offered assis-

criminated against their choice of profes-

tance to leave a job where they are quite

sion and enjoy equal rights. Furthermore,

happy. As such, criminalising sex workers’

sex workers would be safer as they would

clients will push prostitution more under-

be more likely to report violence against

ground and make it harder for sex workers

them and receive the adequate protection

to get protection from rape and other vio-

they should be entitled to.

lence. Criminalising clients can only serve 41

Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003 (2008), p.15

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13

Bibliography Legislation/Reports Street Offences Act 1959, as amended by the Policing and Crime Act 2009 Sexual Offences Act 1956, as amended by the Sexual Offenses Act 2003 Jenny Pearl (ECP), Written evidence to the Public Bill Committee of the Policing and Crime Bill (February 2009), available at http://www.publications.parliament.uk/pa/c m200809/cmpublic/policing/memos/ucm5 502.htm [accessed on 9 July 2014] Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003 (2008) National Board of Health and Welfare (2008), ‘Prostitution in Sweden 2007’

Journal Articles/Papers/Books Dodillet, S. and Östergren, P. (2011), ‘The Swedish Sex Purchase Act: Claimed Success and Documented Effects’, Conference Paper presented at the International Workshop: Decriminalizing Prostitution and Beyond – Practical Experiences and Challenges Holmström, C. (2008), ‘Prostitution och människohandel för sexuella ändamål i Sverige: Omfattning, förekomst och kunskapsproduktion’, in: Holmström, C. and Skilbrei, M-L. (eds.), Prostitution i Norden, TemaNord (2008), p. 604

Stevenson, L. (2014), ‘A backward approach to sex workers’ rights, health and safety now supported by the European Parliament's Women's Rights and Gender Equality Committee’, International Committee on the Rights of Sex Workers in Europe (ICRSE)

Newspaper Articles Associated Press (2010), ‘Sex workers celebrate as Canada Court lifts ban on brothels’, The Guardian, 29 September 2010 Jacobs, R. (2014), ‘APPG on Prostitution and the Global Sex Trade Report "Shifting the Burden" Increases Violence Against Women’, Huffington Post, 7 April 2014 Verkaik, R. (2009), ‘New Laws Put Prostitutes at Risk’, Independent, 29 December 2009, available at: http://www.independent.co.uk/news/uk/cri me/new-laws-put-prostitutes-at-risk-claimescort-agencies-1852101.html [accessed on 9 July 2014]

Case O.O.O & Others v The Commissioner of Police for the Metropolis [2011] EWHC 1246 (QB) (20 May 2011), available at: http://www.bailii.org/ew/cases/EWHC/QB/20 11/1246.html

Levy, J. (2013), ‘Swedish Abolitionism as Violence Against Women’, presented at the Sex Worker Open University – Sex Workers’ Rights Festival 14

The Spectrum | Edition 2014

U NCERTAINTY OVER R ESTRICTIONS BY O BJECT AND BY E FFECT S TILL L OOMING

by Ivona-Elena Zegrean

‘object or effect’ requirements are alternative,

Introduction

not cumulative, conditions for the finding of an infringement of Article 101(1). Once a re-

The European Court of Justice has tried, in

striction by object is proved, there is no need

recent years, to clarify the position of the Eu-

to look at actual or potential effects of the

ropean Union on the application of Article 101

agreement.42 This results in a better allocation

of the Treaty on the Functioning of the European Union; this has come as a response to the change in policy adopted by the Commission. The modernisation process has not resulted in much needed clarity and consistency, even though the Commission has made efforts to set out its position in relation to agreements that could be caught by Article 101 as clearly as possible. The lurking confusion comes from the inability of the two European institutions, i.e. the Commission and the Court of Justice of the European Union, to make up their minds about the objectives pursued by the rule in Article 101 and about

of resources by the Commission. It was also argued by Advocate General Kokott that this sequential approach, combined with the treatment of certain agreements as restrictive by object as a matter of policy, also helps achieve legal certainty.43 This is doubtful, as the non-exhaustive nature of the list of restrictions by object in Article 101(1),44 and the discretion of the Court of Justice of the European over that list45 , does not make it any easier to predict when an agreement will be found restrictive by object. Even if the parties 42

Société Technique Miniere C-56/65, at p. 375, confirmed by the ECJ in Spanish Glaxo C509/2006, at para 55

43

Opinion of AG Kokott in T-Mobile C-8/08, para.

43

44

BIDS C-209/07, para. 23

45

An example of an extension of the ‘object box’ made by the ECJ is BIDS: the agreement which aimed at reducing overcapacity in the industry through withdrawal of competitors had the object of changing the structure of the market (para 31) and was found restrictive by object, even though it did not, at first sight, correspond to any of the restrictions by object listed in Art. 101(1).

the methodology by which agreements falling under this provision should be assessed.

From the Formalistic Approach to Modern Uncertainty in Relation to Restrictions by Object and by Effect The distinction between restriction by object and restrictions by effect is important because the Court of Justice of the European Union made it clear in early cases that the

The Spectrum | Edition 2014

15

succeed in rebutting the presumption of re-

an agreement that enhanced consumer wel-

striction by object, by showing that the im-

fare, even though it divided the internal mar-

pact of the agreement on competition is not

ket. The Court itself was confusing in its ap-

sufficiently grave, an assessment of the actual

proach, because in a case decided two

or potential effects of the agreement will be

weeks earlier, it said that absolute territorial

conducted under Article 101(3).

46

Thus, nu-

protection was not restrictive of competi-

merous cases still reach the Court of Justice

tion.48 The difference between the two deci-

of the European Union in a quest for clarity

sions is that in Société Technique Minière

and certainty.

there was no prohibition of parallel imports,

The eagerness of parties whose agreements

so the internal market was not divided on na-

are found restrictive of competition by the

tional borders, as it was the case in Consten

Commission to appeal to the Court of Justice

& Grundig. Nevertheless, the differing per-

of the European is also motivated by the dis-

spectives adopted by the Court maintain un-

crepancy over the objectives pursued by the

certainty and encourage parties to doubt the

European Union’s competition provisions.

assessment of both the Commission and of

Different approaches to these objectives re-

the Court of Justice itself.

sult in different outcomes of the assessment

Further uncertainty urging adjudication by the

of agreements under Article 101(1). As early

European Courts stems from the modernisa-

as the 1960s, the Court of Justice started to

tion of the Commission’s approach to as-

advocate the single market imperative, to-

sessment under Article 101(1). This process

gether with protection of competition in itself,

started as a response to criticisms of the

as the main objectives of the competition

Commission’s formalistic approach, which

rules. This led the Court to decide that abso-

ignored the economic effects of apparently

lute territorial protection, combined with a

restrictive agreements. It was argued that the

restriction on parallel imports was as a re-

concern of the Commission with restrictions

striction of competition by object, and there-

of economic freedom made it equate interfer-

fore a violation of Article 101(1).47 On the oth-

ences with the single market with restrictions

er hand, AG Roemer took a different stand

of competition 49 . Indeed, such a formalistic

and reached the opposite conclusion: allow-

approach does have its advantages: it is eas-

ing Grundig to offer absolute territorial protec-

ier and cheaper to administer formulaic rules

tion to its French distributor enabled the

by limiting the need to conduct an economic

German

the

analysis every time an agreement is assessed

French market, a move that would be for the

under Article 101(1). In addition, the wide ap-

benefit of consumers, because they would

proach ensured harmonious interpretation

have more choice, price competition with

and development of the competition provi-

manufacturer

to

penetrate

other brands etc. So, this reasoning allowed

46

Société Technique Miniere C-56/65, p. 249

48

Société Technique Minière C-56/65, p. 250

47

Consten and Grundig C-56&58/64

49

Jones (2010), n13

16

The Spectrum | Edition 2014

sions50 at the European level. However, this

as a matter of fact). This decision, and the

formalistic approach risked reaching different

Société Technique Minière one, could be ex-

conclusions in similar cases, as happened in

plained on the ground that the restrictive pro-

Société Technique Minière and Consten &

vision was ancillary to the achievement of a

Grundig. The solution was, therefore, restrict-

legitimate business/commercial purpose, for

ing the scope of Article 101(1) by conducting

example the operation of a licensing network

a systematic assessment based on the con-

or the penetration of a new market. 55 This

tent of the agreement, the objective aims it

reasoning is in line with the European princi-

pursued and the economic and legal context

ple of proportionality and should not, at first

in which it operated.51 The European Court of

sight, become a complication for competition

Justice held that the purpose of enforcing

law. But, the Court went even further in cases

Article 101(1) is to ensure the independent

such as Wouters and Meca-Medina,56 where

behaviour of undertakings on the market, by

restrictions on competition were deemed an-

prohibiting coordination that substitutes prac-

cillary to some regulatory purposes. 57 This

tical cooperation for the risks of competi-

makes it difficult for firms to predict when fac-

tion,

52

but without making it necessary for 53

tors, other than commercial or economic,

consumers to feel any disadvantages before

would be taken into account in the assess-

finding an infringement of Article 101(1).

ment of a potentially anti-competitive agree-

However, the European Court of Justice has

ment under Article 101(1).

also developed broad exceptions to this sys-

There have also been instances when the

tematic approach by using its discretion over

Commission treated as restrictions by effect

the ‘object box’ restrictions. The paradox is

agreements that looked like clear restrictions

that when these exceptions apply, the

by object. For example, in Visa International

agreement is not deemed not restrictive by

an agreement that looked like price fixing was

object, with the result that its effects will be

said not to be restrictive by object, but by

analysed, but it is excluded from the applica-

effect, and then exempted under Article

tion of Article 101(1) altogether. For example,

55

in Erauw-Jacquery 54 the Court held that a

Wouters v Algemene Raad van der Nederlandshe Orde van Advocaten C-309/99; Meca-Medina v Commission C-519/04

57

ibid., pp. 130-133: in Wouters the restrictive provision was ancillary to achieving the purpose of ensuring that ‘the ultimate consumers of legal services and the sound administration of justice are provided with the necessary guarantees in relation to integrity and experience’ (para. 97); in Meca-Medina, the restrictive provision was necessary to achieve the aim of having competitive sports conducted fairly, by ensuring equal chances for athletes, safeguarding their health, and protecting the integrity, objectivity and ethical values of competitive sport (paras.

42-45).

provision imposing an export ban on a licensee was necessary to protect the right of the licensor to select its licensees, and was not, therefore, restrictive by object (nor by effect,

50

ibid, n14

51

Spanish Glaxo C-509/2006, para. 58

52

BIDS, para. 34

53

op.cit., para. 64

54

Erauw-Jacquery Sprl v La Hesbignonne Societe Cooperative C-27/87

Whish & Bailey (2012), pp. 128-130

56

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17

101(3). 58 The assessment of restrictions by

positives. The European Court of Justice has

effect is based on establishing a counter-

been reluctant to allow parties to agreements

factual

anti-

restrictive by object to keep their profits, in

competitive effects are due to the existence

the hope that the money will be invested in

and

determining

whether

59

of the agreement. Such confusing decisions

R&D,61 for the indirect benefit of consumers.

pose difficulties not only for the assessment

Such benefits were deemed by the Court too

of agreements under Article 101(1), but also

remote to be taken into account under Article

under Article 101(3).

101(3). 62 This presumption, that restrictions

As a matter of principle, the European Court

by object will not satisfy the requirements of

of Justice stated that all agreements found

Article 101(3),63 places an even higher burden

restrictive of competition under Article 101(1),

for the party relying on Article 101(3), who

either by object or by effect, can be exempt-

now has to rebut the presumption of non-

ed under Article 101(3) if the four cumulative

application of Article 101(3). So, the party has

conditions of that provision are satisfied. So,

to establish, first, that the Article should ap-

nothing prevents exemption of restriction by

ply, and, secondly, show that the agreement

object under Article 101(3), as long as there is

fulfils its conditions. Parties could escape this

sufficiently persuasive evidence showing an

burden, given the decision in Visa Interna-

economic efficiency, which can only be

tional, because once an agreement is con-

achieved by using the restrictive agreement,

sidered restrictive by effect, instead of by ob-

whose benefits are passed on to consumers,

ject, the only thing left is to show satisfaction

in circumstances where competition is not

of the conditions of Article 101(3), which is

eliminated. However, the Commission specif-

more likely in the case of restrictions by ef-

ically stressed that agreements containing

fect. But such reasoning would be too far-

hardcore restrictions, in the form of price fix-

fetched, as it makes it even more unpredicta-

ing, market sharing, restrictions of output,

ble to determine the burden placed on a par-

resale price maintenance, export bans, are

ty seeking to rely on Article 101(3) before a

unlikely to ever satisfy at least the first two

decision by the Court has been made on

conditions of Article 101(3),

60

because the

profits gained though agreements restrictive

whether the agreement will be treated as a restriction by object or one by effect.

by object are unlikely to create any value on the market. This is a corollary to the stricter assessment of agreements under Article 101(1), which reduces the chances of including within the scope of Article 101(1) false 58

Visa International-Multilateral Interchange Fee OJ [2002] L 318/17, [2003] 4 CMLR 283

59

Delimitis v Henninger Brau AG C-234/89

60

Commission Guidelines on the Application of Article 81(3) of the Treaty, para. 45

18

61

General Court in Spanish Glaxo, para. 271

62

ECJ in Spanish Glaxo, para. 114

63

Jones (2010), p. 19

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Conclusion: the need for clear criteria of assessment of agreements under Article 101 TFEU

light of the discrepancy in approach between the Commission and the European Court of Justice, it is submitted that the two should try to achieve a common ground and set our

The current state of the law does not contain

transparent and predictable criteria that, as a

clear criteria for assessment under either Arti-

matter of policy, would enable undertakings

cle 101(1) or Article 101(3), despite the at-

to conduct their businesses without fear of

tempts by the Commission to clarify the as-

inadvertently

violating

Article

101.

sessment process under these provisions. In

Bibliography

Case C-27/87 Erauw-Jacquery Sprl v La Hesbignonne Societe Cooperative [1988] ECR 1919

Published articles and textbooks

Case T-112/99 Métropole v Commission [2001] ECR II-2459

Bailey, D. (2012), ‘Restrictions of competition by object’, Common Market Law Review, 559 Commission Guidelines on the Application of Article 81(3) of the Treaty [2004] OJ C101/97 Jones, A. (2010), ‘Left Behind by Modernisation? Restrictions by Object under Article 101(1)’, European Competition Journal, 649 Monti, G. (2007), EC Competition Law, Cambridge: Cambridge University Press Whish, R., Bailey, D. (2012), Competition Law, 7th ed., Oxford: Oxford University Press

European Union Documents Cases 56 & 58/64 Consten and Grundig v Commission [1966] ECR 299 Case 56/65 Societe Technique Miniere v Maschinenbau Ulm [1966] ECR 235

Case C-309/99 Wouters v Algemene Raad van der Nederlandshe Orde van Advocaten [2002] ECR I-1577 Case C-234/89 Stergios Delimitis v Henninger Bräu [1991] ECR I-935 Commission Decision 2002/914/EC Visa International-Multilateral Interchange Fee OJ [2002] L 318/17, [2003] 4 CMLR 283 Case C-519/04 Meca-Medina v Commission [2006] ECR I-7006 Case C-501/06 GlaxoSmithKline v Commission [2009] ECR I-9291 (Spanish Glaxo) Case C-209/07 The Competition Authority v Beef Industry Development Society 20 November 2008 (BIDS) Case C-8/08 T-Mobile and Others v Raad van bestuur van de Nederlandse Mededingingsautoriteit [2009] ECR I-04529

The Spectrum | Edition 2014

19

3

20

Education

The Spectrum | Edition 2014

CAPACITIES OVER CONTENT: REFORMING CURRICULUM REFORM

by Claire Field

ongoing curriculum reform has been the

Introduction

tendency

to

over-prescribe

curriculum

content. The new science curriculum has Despite

rising

exam

results,

school

leavers today are seen by employers, the media and the general public to be illprepared

for

—

as

being

too

'content

and the draft History and English

or

have comprised long daunting lists of

In an attempt to rectify

specific texts, dates, people and events 67.

this, the Department for Education (DfE) is

Furthermore, the new GCSE assessment

currently undertaking curriculum reform

will no longer include coursework, only

and the majority of the GCSE curriculum

final exams – a model better suited to

is still a work in progress — we should

assess the retention of content than

see it fully implemented by 2016.

analysis or comprehension.

Current curriculum reform policy

This focus on content is unhelpful in

further

employment.

be

heavy',

66

curriculums that have emerged so far

64

life

stakeholders

that

university,

future

been criticised during consultation with

training

The DfE states the goals of curriculum reform as: to make GCSEs and A levels more 'rigorous'; 65 to give teachers more freedom

over

teaching

methods,

acknowledging that they are best placed to know which methods work for their classes; and to ensure that pupils leave school better prepared for employment or further study. These are important goals, but so far the DfE’s solutions have been problematic. A recurring criticism of the 64 65

See e.g. Paton (2013) DfE (2013a)

addressing

the

key

issue

curriculum

reform needs to solve: that school-leavers lack skills necessary for employment or further

education.

Skills

such

as:

independent learning, research, analysis, quantitative skills, 68 solving new problems, adapting to new situations and tasks and effective processing of new information.

The

content

learned

at

school

is

a

66

DfE (2013b), p.11 See https://www.gov.uk/government/collections/nati onal-curriculum for details.

68 According to Diamond (2012), school-leavers beginning further education courses suffer particularly from a ‘quantitative skills gap’.

67

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21

necessary and useful means to develop these capacities, but it should not be

This switch in focus is crucial given our

taken to be the ultimate goal of curriculum

unavoidably limited knowledge of the

reform.

world

School

education

needs

to

future

school

leavers

will

be

provide pupils with skills they can adapt

entering. Students who begin the new

and use in new contexts beyond school.

GCSE curriculum in 2016 will leave school

Over-emphasis

and

aged 18 in 2020. It is very difficult to

assessment through final exams forces

predict exactly what subject knowledge

students to develop mainly the skill of

school leavers will require: technological

short-term rote memorisation, which is of

changes,

little use beyond the artificial environment

models and economies affect their needs.

of school exams.

It is clear, however, that the ability to

of

content

the

evolution

of

business

efficiently process new information and Recent UK education policy prior to the

apply existing knowledge to new tasks will

curriculum

be

reform

was

no

less

more

useful

than

ever.

The

problematic, and it is clear that changes

'quantitative skills gap' we hear about is

are welcome. As well as producing ill-

not obviously an absence of memorised

prepared

poor

content; what is bemoaned by those who

value for money. Internationally, the UK is

notice such a gap is an inability to

performing

comfortably use the data and processes

school-leavers, around

it

the

was average

in

mathematics and reading, and slightly

used

above average in science, according to

academic communities. The problem is

the

for

not that these things are unfamiliar, but

International Student Assessment) report.

that school leavers are unable to deal with

This would not be worrying, except for the

them.

latest

PISA

(Programme

by

modern

businesses

and

fact that the UK spends more than the international

average

per

capita

on

To

ensure

this

change

of

focus

is

education. In light of this, it might be

successful in achieving its aims – namely,

expected to reap better results.

bridging the skills gap in school leavers – various additional policy changes are

Policy Recommendation

necessary:

a

change

in

assessment

methods, passing on responsibility for The recommendation of this paper is that

content to teachers, and linking school-

while there is still time before the new

based learning up with learning outside

GCSE programme is fully implemented in

the classroom.

2016, the curriculum should be amended to increase focus on the development of

1. Testing the mastery of skills

adaptable skills and capacities necessary for

life

beyond

school

and

reduce

emphasis on specific subject content.

22

Firstly, assessments should be designed to test mastery of the skills specified in the

The Spectrum | Edition 2014

–

changed curriculum. This need not be

this

problematic:

language

literature appeals most when it relates to

assessment bodies such as as TOEFL,

one’s own situation, and the situation of

TestDaF

successfully

every student is different. It applies also to

employability-orientated marking criteria.

the subjects through which quantitative

Since their goal is to prove the extent to

skills are developed: maths, science, the

which someone has a competency in a

social sciences. It is through relevant and

foreign language, their task is analogous

engaging contexts that learning works

to the one that would be faced by

best. 69

international and

assessment curriculum

TELC

bodies change

following

proposed

here.

In

of a candidate’s vocabulary is increasingly rather,

their

degree

of

competency in using the language is the crucial skill. Assessments based on ability may

help

to

close

the

'skills

gap'

bemoaned by employers by connecting school-based assessment more directly with

abilities

quantitative

such

as

cannot

be

overstated

the

modern language assessment, the extent irrelevant;

point

adaptability

problem-solving

or that

employers are looking for.

3. Inclusive approach to learning Learning should not be isolated from the outside world. The ability to adapt and apply learning to new environments is prevented if the learning environment is viewed as essentially distinct from the rest of life. Students will learn better if they see how the knowledge they are learning is

linked

to

the

real

world,

so

opportunities for students to exercise and develop

their

skills

in

real-world

environments are highly valuable. Such

2. Teachers ’ decision-making

opportunities workshops

The decision about what content should be used in developing particular skills should be handed over to teachers.

Content should be chosen that both best

could

include

within

experience

practical

schools,

opportunities,

or

work

problem-

solving exercises based on difficulties faced by real businesses. Caution should be

taken

here,

it

the

and

to

employers’ training programmes. Students

students’ interests and goals. Students

need adaptable, malleable competencies

are individuals: just as current policy

rather than narrow skills useful only for a

interest

and

relevance

leaves specific teaching methods out of the curriculum, since teachers know best

to

not

responsibility

of

schools

is

facilitates the development of these skills is

of

since

replace

specific job in a specific company; this would limit their opportunities in the

how to teach their classes, they are also best placed to know which content will interest and motivate their students best.

Within subjects such as English Literature

69

The world of language teaching has realised this, and applies it widely – through methods such as 'Communicative Language Teaching' or 'Task Based Learning'.

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23

future.

leavers

better

for

their

lives

beyond

school. What remains necessary is a greater focus on the skills and capacities

Implementation Implementing

that

the

goals

of

curriculum

reform is complicated, since the groundlevel work must be done by many different people with the support of many different institutions. David Weston of the Teacher Development

Trust

notes

that

the

connection between the curriculum as it is first conceived by reformers, 70 and the final results of this reform – long-term competencies – is indirect. Before we see

school-leavers

need,

and

development of appropriate assessment of these. Schools and teachers need to be given powers to choose relevant content for their classes, and the support to provide their students with real-life opportunities to develop these skills.

In considering the value of such a reform, it is useful to compare China’s education policy. China

ranks within the top three

countries for Maths, Science and Reading

results, the curriculum ideals must be

in the PISA 2012 report - well above the

written down, interpreted by teachers, a

UK – and has spent the last decade

syllabus of work created and taught, and understood and retained by students.

Survival of the original curriculum ideals is only possible if teachers are able to assess the skills correctly and formulate exercise to develop these skills. As such, it is crucial that during the curriculum reform process, employers, universities, teachers and schools continue to be consulted – it is important to gain a realistic

picture

of

both

which

skills

employers and universities value, and how schools can teach these skills in ways that give students the maximum long-term benefit.

implementing similar education policies to the ones suggested here. In a 2001 statement of the goals for reform, China’s Ministry of Education emphasises the importance

of:

comprehensive

and

balanced learning experiences; relevance and

interest

curriculum;

in

the

content

increased

of

a

student

participation; real-life experience; and the abilities to acquire new knowledge and analyse

and

solve

problems.

71

As

suggested here, abilities, relevance of content and real-world experience are emphasised.

If the UK can effectively implement the recommendations outlined here, we may

Conclusion

begin to see greater value for money in

The DfE has undertaken to reform the National Curriculum to prepare school 70

Weston (2013)

24

education school

spending:

leavers

as

better well

performance internationally.

71

Outlined in OECD (2010)

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as

prepared improved

Bibliography Department for Education (2013a), Policy: Reforming qualifications and the curriculum to better prepare pupils for life after school Department for Education (2013b), ‘Reformed GCSE subject content consultation: Government response’ Diamond, I. (2012), ‘Quantitative Easing’ in Times Higher Education Supplement, 18th October 2012 OECD (2010), ‘Shanghai and Hong Kong: Two Distinct Examples of Education Reform in China’ in Strong performers and successful reformers in education: lessons from PISA for the United States Paton, G. (2013), ‘School leavers 'lacking basic skills’, say Business leaders” in Telegraph, 14th Aug 2013 PISA (2012), United Kingdom Key Findings.

Weston, D. (2013), ‘Why Curriculum Reform is (mostly) Pointless’ available from: www.teacherdevelopmenttrust.org/

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25

4

26

Energy & Environment

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C ARBON P RICING IN A T IME OF U NCERTAINTY

by Johanna Grusch

and already provide a higher degree of flexi-

Introduction

bility, these systems themselves entail inherent instability and have not been able to gen-

Uncertainty is a recurring theme in today’s

erate the required reduction in carbon emis-

debates on future energy sources, their pric-

sions. What is needed is a restructuring, sta-

es and their security of supply due to the in-

bilisation and strengthening of carbon pricing

herent unpredictability within the energy sec-

mechanisms that equip energy providers and

st

century was

consumers with sufficient flexibility to adapt to

marked by several rapid transformations re-

a changing energy market and as a conse-

sulting from unforeseen economic, political,

quence, to achieve both security of energy

as well as technological developments that

supply and the mitigation of climate change.

tor. The beginning of the 21

impacted global energy markets. In order to achieve security of energy supply, this essay argues that political and economic flexibility is

The Need for Flexibility

crucial for energy providers and consumers in order to adapt to the uncertainties and un-

Looking back over the last decade, several

predictable changes in global energy struc-

developments impacting global energy struc-

tures. When putting energy security in the

tures have occurred that could not have been

context of environmental sustainability, this

predicted by policy makers or market partici-

flexibility imperative supports arguments in

pants in advance. In addition to technological

favour of carbon pricing mechanisms, such

advances allowing for instance for the US

as carbon taxing and trading schemes.

shale gas revolution, various unforeseeable

In addition to providing a neutral policy in-

political factors have significantly reshaped

strument in order to incentivise the reduction

energy markets.72 Besides widespread politi-

of greenhouse gas emissions, such market-

cal turmoil in the oil-rich Arab world, for in-

based instruments also protect the freedom

stance, political uncertainties stemming from

to choose whichever technology economic

Russia and the willingness of its leaders to

actors perceive as most cost-effective. They

use energy markets as instruments for politi-

therefore allow energy suppliers and con-

cal leverage, contribute to the level of uncer-

sumers to adapt to unpredictable and un-

tainty in Europe’s energy supply.73

knowable changes quicker and more costeffectively. However, even though different systems of carbon taxation and trading exist

72 73

IHS CERA (2010) Maher (2013)

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27

Moreover, the combination of technological

the impact of a plethora of factors changing

and political insecurity has rendered the nu-

global temperature levels.77

clear power sector subject to major transfor-

The recent report of the Intergovernmental

mations. While the incidents in Fukushima led

Panel on Climate Change, which records a

to a moratorium of nuclear power stations in

slowdown in temperature increases, further

Germany and a resulting increase in the use

adds to the uncertainty.78 In combination with

of highly carbon-intensive energy sources,

diverging national interests, capabilities, re-

the UK is still strongly committed to using

sponsibilities and climate change impacts,

nuclear power in order to reach its emission

this increases the difficulty of establishing an

reduction targets, mitigate climate change

international agreement that would determine

and increase its energy independence. The

who will contribute how much to which level

costs of nuclear power, however, can no

of climate change mitigation. It is therefore

longer be carried by private investors alone,

not surprising that the World Energy Forum

necessitating major government investments,

states an international climate agreement as

such as a £16 Billion deal with EDF to build

the most uncertain of all critical uncertainties

two reactors at Hinkley Point in Somerset.

74

in its World Energy Issues Monitor.79

In the UK, and in Europe, these develop-

Two things that are certain, however, are that

ments have led to a return of centralised en-

we will not run out of fossil fuels in the near

ergy planning. As Robinson highlights, the

future as predicted by peak oil theories.

resulting re-politicisation of energy markets

Moreover, the increasing use of these fossil

adds another layer of uncertainty, resulting in

fuels will contribute to the warming of our

a demand for a ‘political uncertainty premium’

planet by emitting large quantities of green-

for investments.75 However, whether the polit-

house gases, putting the stability of our cli-

ical efforts to secure energy supplies while

mate, especially the climate in the global

mitigating climate change will be successful,

South, at a potentially very high risk.80 In or-

is as unforeseeable as the aforementioned

der to achieve energy security in geopolitical,

developments. In fact, the impact of climate

economic, technological as well as environ-

changes on our environment itself not pre-

mental terms, we need a restructuring and

dictable. While documents like the Stern Re-

strengthening of institutions. These institu-

view warn against the dangers of global tem-

tions need to allow us to be flexible and

perature increases beyond 2°C and call for

adapt to the uncertainties and the unpredict-

immediate action to avoid reaching a dangerous threshold of carbon concentrations of more than 450 parts per million, 76 others

able transformations of the energy market and simultaneously provide the incentive to reduce environmentally harmful emissions.

point to the sheer impossibility of measuring 77

Robinson (2013); Helm (2012) Report of the Intergovernmental Panel on Climate Change (2013) 79 World Energy Issues Monitor (2013) 80 IPCC (2013) 78

74

Froggatt (2013) Robinson (2013) 76 Stern Review (2007) 75

28

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The Case for Carbon Pricing

unused energy sources will revolutionize the way we produce and use energy. What is

Numerous attempts to move our economies from high carbon to low carbon intensive production have not been able to provide the required flexibility. This includes many of the current subsidy schemes and governmental support mechanisms ranging from feed-in tariffs to grants for the installation of renewables. These systems favour certain chosen technologies, blurry the costs of these technologies and are often based on political considerations, guesstimates and inadequate information. As a consequence, attempts to correct what Stern identifies as ‘the greatest example of market failure’ led to severe government failures, such as solar power projects in Spain. 81 Prior to the financial crisis, solar power generators in Spain could receive up to 575% of the average reference price for 25 years, leading to a ‘solar cell bubble’, a 77% increase in electricity prices for industries within 10 years and an additional hole in the government’s budget.82 Designing effective subsidy schemes is an extremely difficult task for political authorities not only because of the informational constraints and adverse incentives as highlighted by authors of the Austrian and Public Choice School, but especially because of the sheer impossibility to predict the future of our energy markets. We simply do not know which technologies are going to be most costeffective, which political factors will impact the supply of our energy resources, and whether currently unknown technologies or

81 82

therefore required are strong but technologically and politically neutral incentives. Putting a price on carbon allows the market to reduce emissions most cost-effectively and quickly; it reduces the power of lobbyists and the danger of rent-seeking by avoiding the positive discrimination of a few sectors and technologies. Most importantly, if stable and predictable, carbon prices provide businesses with the incentive to reduce the environmental costs of their emissions and to invest in research and development without depriving them of the freedom of choice.

The relative stability of carbon prices and the investors’ expectation that they will be going up in the future is a crucial feature of their effectiveness and one of the main reasons why the current European Union Emissions Trading Scheme (EU ETS) has so far been unable to provide sufficiently strong incentives. Setting the carbon price at the right level, however, is subject to the same cognitive constraints as the creation of subsidisation schemes. Because of the impossibility to predict the impact of different levels of carbon emissions on the environment and on different countries’ socioeconomic situations, it is not possible to set a ‘correct’ carbon price.

Rather, a pragmatic one needs to be established initially, which would then be improved according to the markets’ responses. The UK government estimates that a price of £30 per ton of CO2 in 2020 rising to £70 in 2030 would be appropriate, which some analysts, such as Bowen, criticise as too low initially

Stern (2007) Sandström (2013)

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29

and then as too rapidly increasing.83 The EU

ables.87 But as long as we do not know the

ETS’ price per tonne of CO2 started promis-

cost-effectiveness and feasibility of renewable

ingly but already began to plummet in its first

technologies, we instead run the risk of lock-

year of implementation in 2005 and com-

ing in inefficient technologies and losing the

pletely collapsed during the financial crisis.

opportunity to invest in further research and

After hovering around £10 to £14 in 2009

development by subsidising potentially wrong

and 2010, it has in 2013 fallen back to

technologies.

around £3 to £5 per ton.84 In order to make up for the lack of effectiveness and informational value of the EU ETS, the UK government decided to introduce a price floor on CO2 emissions and has published indicative prices up until 2017. 85 This process

reflects

a

‘learning-by-taxing-

process’, as widely recommended by environmental policy analysts, in order to find an economically, socially and environmentally appropriate carbon price. Helm hopes that the current, low, volatile short-term price will soon be replaced by a credible, long-term carbon tax regime.86 A credible, steadily rising carbon price would then provide incentives to energy producers and consumers to switch to less carbon intensive alternatives. A move from coal to gas for instance, which is not encouraged by current subsidy schemes, would already significantly reduce emissions. While this is certainly not an optimal solution in the long-term due to the carbon intensiveness of gas, it should be considered as an intermittent alternative as long as renewable technologies are too costly and not sufficiently developed. Some analysts warn against the lock-in effects when switching to gas rather than to renew-

International Collaboration Even though more than sixty countries have implemented support schemes for renewables, a significantly smaller number of countries has introduced carbon pricing mechanisms, with the EU ETS being the most extensive scheme in place.88 In 2013, the Australian government even decided to scrap its carbon tax scheme. At the same time, however, some highly carbon intensive economies like China and South Korea have started to set up their own carbon pricing mechanisms. Nevertheless, in most parts of the world carbon is still subsidised and not taxed.

The International Energy Agency estimates that, in 2012, subsidies for fossil fuel end-use accounted for around $544 billion globally, distorting and undermining incentives to reduce emissions and promote energy efficiency.

International negotiations to cooperate and to harmonise national efforts to reduce greenhouse gas emissions have not been able to result in a decisive agreement. In fact, many feared that the Protocol would not even be extended after the first commitment period ended in 2012, when several major polluters,

83

Bowen (2011) House of Commons (2013) 85 ibid 86 Helm (2012) 84

30

87 88

Gross et al. (2012) ibid

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such as Canada, Japan and Russia, indicat-

some call for a second option: the implemen-

ed that they would not signup for a second

tation of national carbon prices without wait-

period. The US, which signed but never rati-

ing for international harmonisation. Adherents

fied the treaty, still sees the Kyoto Protocol as

of this argument often maintain that the re-

inherently flawed and insufficient since it does

duction of competitiveness through carbon

not cover developing countries, including the

prices is exaggerated and that other factors

world’s biggest polluter, China. In addition to

are more decisive for companies’ choice of

severely affecting their domestic economy,

location.91

the Kyoto Protocol would give a competitive

Helm, who disagrees and considers the lack

advantage to one of their major economic

of carbon prices in certain countries a signifi-

rivals by allowing China to pollute in order to

cant competitive advantage, proposes a third

develop and attract the relocation of carbon

option which would introduce taxes on car-

intensive industries from the US.

bon imports in addition to domestic carbon

Moreover, as Helm points out, the relocation

taxes. Such a tax could start with some of

of certain industries back to the US using less

the most carbon intensive products like steel,

carbon intensive shale gas instead of Chines

aluminum and petrochemicals and could then

coal, would result in an increase in US emis-

be extended to other sectors. This option

89

would allow for a bottom-up approach start-

This would be good in environmental terms

ing from the national level instead of the glob-

but bad according to the terms of the Kyoto

al, and protect early movers from the problem

Protocol. Following this argument, the crea-

of free-riding and the competitive advantage

tion of ‘carbon havens’ would result in a more

of externalised carbon costs. Moreover, a

rapid deindustrialisation of the developed

carbon tax on imports would still allow for the

world and an increase, not a decrease, in

required flexibility in changing energy struc-

emissions. The European Union, for instance,

tures and keep the informational needs of the

prides itself with having significantly reduced

government to a minimum.

sions but a decrease in global emissions.

its greenhouse gas emissions, while in fact, the import and consumption of high-carbon products and thus European carbon footprints have been steadily increasing.

Three options have been proposed to address this problem. The first option, namely the harmonisation of carbon prices through an international agreement, is likely to remain gridlocked by different national interests and arguments about differentiated responsibilities.90 Considering that time is a crucial factor, 89 90

Helm (2012) Barbier (2010)

Conclusion The high number of different policy instruments currently in use can neither provide the flexibility needed to manage the political, economic, technological and environmental uncertainty inherent in our energy structures, nor create stable incentives to reduce greenhouse gas emissions. Only a credible and fully functional price for carbon can provide 91

Gross et al. (2012)

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31

both the flexibility and the incentives needed

stability of the carbon price, but significantly

for quick, cost-effective and low carbon ad-

impact the market and distort its price mech-

justments.

anisms. Alternative strategies to strengthen

The UK government maintains that as long as

the carbon price, such as international

the price of carbon is inappropriate or lacking

agreements or national measures, are strong-

in other countries, subsidies and other sup-

ly needed.

port mechanisms are necessary in order to lower the carbon intensity of its economy.

However,

current

subsidy

and

support

schemes do not improve the credibility and

32

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Bibliography Barbier, E. D (2010), Rethinking the Economic Recovery: A Global Green New Deal, United Nations Environment Programme. Cambridge: Cambridge University Press Bowen, A. (2011), The case for carbon pricing, Policy Brief, Grantham Research Institute of Climate Change and the Environment, Centre for Climate Change Economics and Policy, zvailable online at: http://www.lse.ac.uk/GranthamInstitute/p ublications/Policy/docs/PB_casecarbon-pricing_Bowen.pdf (accessed on Feb 03, 2014)

IHS CERA (2010), Fuelling North America’s Energy Future: The Unconventional Natural Gas Revolution and the Carbon Agenda, IHS CERA Special Report, Cambridge, Massachusetts: IHS CERA Inc. Maher, S. (2013), The Arab Spring and its Impact on Supply and Production in Global Markets, EUCERS Strategy Paper No.4, London: Department of War Studies, King's College London and KonradAdenauer-Stiftung e.V. Robinson, C. (2013), From Nationalisation to State Control – The Return of Centralised Energy Planning, IEA Discussion Paper No. 49. London: Institute of Economic Affairs

Froggatt, A. (2013), UK Power Deal: Implications for the Global Nuclear Sector, London: Chatham House

Sandström, C. (2013), Are Green Jobs Promising the Moon? On Europe's New Growth Policy, Stockholm: Timbro.

Gross, R. et al. (2012), On picking winners: The need for targeted support for renewable energy, ICEPT Working Paper, Ref: ICEPT/WP/2012/013, Centre for Energy Policy and Technology, Imperial College London

Stern, N. (2007), The Economics of Climate Change: The Stern Review, Cambridge: Cambridge University Press.

World Energy Council (2013), World Energy Issues Monitor 2013. London: World Energy Council.

Helm, D. (2012), The Carbon Crunch: How We’re Getting Climate Change Wrong – and How to Fix It, New Haven and London: Yale University Press House of Commons (2013), Carbon Price Floor, Briefing Paper SN/SC/5927, November 07, Science and Environment Section, available online at: http://www.parliament.uk/briefingpapers/sn05927.pdf%E2%80%8E (accessed on Feb 03, 2014) Intergovernmental Panel on Climate Change (IPCC) 2013. Climate Change 2013: The physical science basis. Available online at: http://www.ipcc.ch/report/ar5/wg1/#.Uu e7WBBFCM8 (accessed on Feb 03, 2014) International Energy Agency (2013), World Energy Outlook 2013, Paris: IEA, OECD

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33

C AN AN A MERICAN STYLE S HALE G AS REVOLUTION BECOME A E UROPEAN R EALITY ?

by Tom Brooks

What is ‘ Fracking ’ and Why is it Important?

The author will not, however, focus on process of fracking upon the environment or whether it is hazardous to local communities.

Induced Hydraulic Fracturing (Hydrofracturing or Fracking) is a technique used for extracting

Impacts of Fracking so far

unconventional gas from previously unattainable areas. It is important because the shale

The technology advancements of hydraulic

gas revolution has been described as a

fracking and horizontal drilling have led Amer-

‘game changer’ in energy politics.92 The En-

ica to become almost entirely self-sufficient in

ergy Information Administration (EIA) estimates the US has enough natural gas to meet domestic demand for the next 110 years. Reports suggest Shale gas could ac-

natural gas. The initial boom began in 2008 in which, according to the US EIA, average growth rates in fracking were just above 50% until 2011. In 2012 the growth slowed to just

count for 70% of natural gas output in the

4% but the EIA’s Annual Energy Outlook in

future. Not only will this ease a shortening

2013 still predicted that gas production due

worldwide energy crisis as demand rapidly

to fracking would double between 2013-

increases (especially in developing nations

2040, by which time it will account for over

such as China) but it will also prevent energy

50% of total American gas output. These sta-

prices from increasing wildly. It will account

tistics are surprising considering only in 2000,

for over 1 million workers worldwide by 2025

only 1% of U.S. gas production was via un-

while in 2010 alone hydraulic fracturing was

conventional methods. Furthermore right until

responsible for 600,000 jobs. Due to Shale Gas exploration being a non-renewable resource there are also contested views on the externalities to the environment and by-

2005 it was widely believed that domestic gas production in over 40 states was in an irreversible decline.

This, in turn, has made America the biggest

products (such as leakage of methane gas)

gas producer in the world at 634 billion cubic

upon human health.

metres (bcm), overtaking Russia’s 582 bcm.93

92

U.S Rep. Tom Reed (R-NY) (2013), Congressional Natural Gas caucus hearing on economic impact

34

93

Bloomber (2010)

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This has allowed it to reach the lowest gas

not only in gas but in oil and coal too. The US

prices in any leading industrial economy.94

leads the way in technological advancements

Yet it is still the dominance of conventional

to locate and extract deposits, furthermore it

gas that tops global production, accounting

possesses an already highly functional gas

for over 85% of total marketed output to-

industry, federal support both in regulation

day.

95

This is, however, gradually changing

and legality and even notable exemptions

with the noticeable effects of America’s suc-

from regulation. 96 This means ‘development

cess and fear that an increase in global de-

of shale gas has benefited from existing pipe-

mand will eventually match and surpass sup-

line networks and sufficient local infrastruc-

ply. To such an extent that the EIA predicts

ture to support its exploitation’. 97 The EU’s

unconventional gas methods will account for

equipment shortages in comparison to the

40% of worldwide demand by 2035.

US are a problem that will increase costs

European gas prices are 3-4 times those

across all member states. America already

in America and its energy vulnerability is

has up to 2000 domestic gas rigs drilling at

driving

energy-

any point. Europe, on the other hand, has

intensive industry is migrating to North

little more than 50 and only 7 of these are

America for cheaper production costs.

located in Poland, which is one of the most

Europe has nuclear power plants continu-

vehemently pro-fracking countries in the EU.

away

business,

as

ally closing and coal consumption is on the increase (4.1% & 3.3% in 2010/11).

With all of these pessimistic statistics it is

Benefactors of Fracking in the US

surprising Europe hasn’t already followed

It is not just companies at the top that will

suit in the American trend of shale gas

reap benefits from fracking operations but

production,

Eu-

what are known as ‘downstream’ sector firms

rope’s shale-gas reserves are almost able

too. This can be workers that install pipelines,

to match those across the Atlantic.

provide well equipment or even logistics such

especially

considering

as truck drivers to and from sites. As can be

Fracking in the United States

shown in a speech made by US Representative Tom Reed, (Republican – New York) who

The US government started investing large

chairs the Congressional Natural Gas Caucus

amounts of money over two decades ago

in congress, in a hearing on Natural Gas eco-

into Research and Development in low-

nomic impact: ‘it is a game changer, not only

permeability operations and then freely dis-

for the jobs that are represented in the indus-

persed the results to operating companies,

try, upstream, midstream, downstream…

which radically reduced the cost of production for private firms. The United States has a long history of onshore resource exploration, 94 95

Financial Times (2013) Pearson et al. (2012)

[there is] direct correlation and connection between developing this resource from our domestic sources is igniting a manufacturing 96 97

Mc Gowan (2012) Kefferput (2010)

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35

renaissance, of us building things here in

mean any resource discovered under private

America and selling it abroad’.98

property belong to the individual that owns it.

This means it creates a free market situation in which resources can be exchanged, land is

Government actors

leased in return for royalties, thus gaining loThe fact there exists an unreservedly pro-

cal support. In order to achieve rights to drill,

fracking network within Congress shows the

companies must offer generous incentives

extent to which government actors in the US

and such is the case in the US that the ma-

are backing unconventional gas extraction.

jority percentage of land owners offered a

The US federal system grants autonomy over

deal have accepted. So strong is the mone-

energy regulation to its individual states. This

tary gain to the individual that many rely upon

is conducive for supporting drilling operations

it as a primary source of income. New York is

as state governors have large incentives to

one example where some landowners are

allow production. It will (i) increase their

offered $5000 an acre along with a 20%

state’s job statistics, and (ii) they will benefit

share of royalties on gas extracted. They

from windfall taxes and royalties from busi-

need not necessarily be vocal in their support

nesses. Hence there are shale gas ‘champi-

of fracking but merely not campaigning

ons’ within Congress (a natural gas caucus

against is enough. This Mineral rights law is

sits in both houses). This can help explain

lacking from European policy, as in most EU

why gas industries benefit from various state tax credits and research and development subsidies, which make drilling more profitable and successfully keeps fracking on the national policy agenda. In 1980, the Crude Oil Windfall Profit Tax Act introduced an alternative (non-conventional) fuel production tax credit of £3 per BTU oil barrel.99 Such subsidies eased wellhead costs and stimulated the beginning of production. Comparatively in Europe, Hungry is the only country that has any tax breaks for fracking.

countries mineral rights are State-owned; this provides an explanation for fierce local opposition. In the UK the crown owns all minerals.

Energy independence There are also secondary incentives to fracking, in providing energy security and independence. This has been a long-term goal of US policy since Nixon in 1973 in the aftermath of the oil crisis. The ambitious goal was energy self-sufficiency by the 1980’s. Jimmy Carter also focused on such goals, describing an ‘energy crisis’ facing the US and com-

Landowners

paring it to the ‘moral equivalent of war’. To-

Most of the well sites in the US are situated

day such sentiments still exist over energy

upon private land. The US mineral rights laws

insecurity following the Arab Spring uprisings in 2011 and mounting concern over Iran’s

98

Congressional Natural Gas caucus hearing on economic impact (2013) 99 Stevens (2011)

36

nuclear programmes. Energy autonomy in the US would ‘reduce the petro-power of major

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conventional gas producers in the Middle

aims, by leading to an increased reliance on

East, Russia and Venezuela’.100

dirty fuels and a hike in energy bills — as they were forced to increase foreign imports to

Fracking In Europe

meet demand. In the fracking debate this ex-

An estimate by the EIA (2012) predicted Europe sits on what could be 10% of global resources. Yet federal legislation difficulties are hindering production, as EU attempts to create ‘a truly single market [are] far from complete’.101 After the Lisbon Treaty a European

tends to France and Bulgaria who banned the process, whilst the Polish government is campaigning in Brussels to ensure opposition from other states will not hinder their ability to move forward with excavation. Today, a single EU wide energy policy seems a distant reality.

Union competence for energy was established and a ‘third package’ of legislation

Challenges to EU Fracking

suggestions with the aim of creating an internal gas and electricity market. The aim being

Similar to the American counterparts, the

the achievement of a single energy policy for

largest incentive for shale extraction in the EU

the EU. This was attempted via three key policies: the internal market electricity, gas and renewable directives, the Climate and Energy Package, and the Emissions Trading System (ETS), all of which would lead to much needed European energy cooperation. Theoreti-

is the economic benefits. The challenges to frame a positive portrayal of fracking to the European citizens are, however, more challenging. A comparison between the US Business

Roundtable

(BRT)

and

European

Roundtable highlights the disparity. The US BRT completely supports fracking as an inte-

cally this may still work but, ‘in reality member

gral part to the American resource strategies

states’ energy policies have diverged, and

whereas its EU counterpart chose its wording

cooperation did not materialise, at least not

more carefully and acknowledged environ-

on an EU-wide basis’.102

mental concerns surrounding the process.

One such example that highlights the divergence in energy policy is unilateral action, such as outright banning of an activity. One case was Germany’s decision to turn off its nuclear plants due to public demand. The aftermath

of

the

latter

was

They state, ‘Europe needs an energy strategy that ensures the transition to a low-carbon economy while safeguarding energy security, quality of supply, and cost to industry and society’.103

counter-

The frame around European energy security

productive to the green pressure groups’

exists similar to that of America’s, except concerns are turned less to the Middle East

100

Medlock et al. (2011) Pearson, et al. (2012) 102 Egenhofer, J. (2014)

than to is less the Russian energy giant.

101

103

ERT (2013)

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37

However, energy independence is not a con-

upon fracking until more conclusive evidence

cern to all member states: France has a

has been gathered. In Germany, Angela

strong domestic nuclear energy grid, which

Murkel announced draft legislation to pursue

accounts for 75% of its electricity supply. It is

exploration of shale basins using techniques

also the strength of the nuclear power lobbies

similar to those employed in the US. Yet,

in agenda-setting that has led France to ban

public opposition (and even within her own

fracking outright. Poland, however, sees en-

party) was so strong that a month later a

ergy independence from Russia (Europe’s

moratorium was announced which was vol-

2

biggest gas supplier, who provides /

rd 3

of

untarily accepted by Exxon Mobil.

Poland’s natural gas) as an integral incentive to push shale gas extraction on the European

A report for the EU Parliament in 2011 stated

Agenda. There exists a ‘deep held and wide-

that due to environmental and health hazard

spread belief that the country is overly beholden to an undependable and unpredictable supplier, that being Russia’.104 A denser population and lesser history of onshore drilling means the EU is naturally cautious of fracking, especially due to the adoption of the ‘precautionary principle’ in the 1992 Maastricht treaty. The precautionary principle; ‘applies where scientific evidence is insufficient, inconclusive or uncertain and preliminary scientific evaluation indicates that there are reasonable grounds for concern that the potentially dangerous effects on the

risks, a European wide directive was required to that addressed all issues within shale operations.106 The EU has, however, ‘issued a tremendous number of directives that are applicable to hydraulic fracturing and may help guide the regulatory framework within the Member States. For instance, there are several directives directly related to mining and six directives directly related to water quality’.107 While the EU seeks multilateral regulation, some member states are content with dictating their own environmental policy. The Royal Society and Royal Academy of Engineering

environment, human, animal or plant health

reports that, ‘health, safety and environmental

may be inconsistent with the high level of

risks associated with hydraulic fracturing as a

protection chosen by the EU’. 105 Therefore

means to extract shale gas can be managed

the burden of proof to convince policy mak-

effectively in the UK as long as operational

ers that shale exploration doesn’t have any

best practices are implemented and enforced

adverse environmental side effects, lies with

through regulation’.108

the companies, before they are given con-

Such hesitation over policy implementation is

tracts to start drilling. This cautious approach

another key factor as to why Europe is lack-

can be seen in many European states

ing behind American levels of shale produc-

through the implementation of moratoriums 106

104

Johnson, B. (2013) 105 Commission of the European Communities (2000)

38

EU Parliament (2011) Weinstein (2013) 108 Royal Society and Royal Academy of Engineering (2012), p. 4; Stevens (2012) 107

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tion. The IEA (International Energy Agency 2012) has a Low Unconventional Case, in

2. Temporary abandonment of single EU energy policy

which estimates unconventional gas extraction will only slightly rise above current levels

Greater autonomy should be granted to indi-

by 2035 due to a lack of European public ac-

vidual European member states over their

ceptance. In order to quell public fears and

own energy legislation as multilateral Europe-

move forward with production the IEA states

an initiatives have failed, leaving the EU with-

that, ‘full transparency, measuring and moni-

out a coherent energy agenda (i.e. member

toring of environmental impacts and en-

states’ energy requirements are too diverse

gagement with local communities are critical

for one overarching policy to be successful). It

to address public concerns’.109

is clear no such agreement will be completed

Policy Recommendations 1. Incentivise domestic shale exploration In a Chatham House report to Parliament, professor Paul Stevens advocates ‘[t]ax breaks for drillers building new rigs could also encourage the development of a European service industry that would make a shale gas revolution in Europe a more likely possibility.

At the very least, there should be efforts to ensure that importing shale gas technology from the USA – software and hardware – is not constrained although the encouragement of a home grown service industry is preferred’.110 Purchasing of such technology will

in the near future. The struggle to legislate is stalling development and leading to further dependence on Russia for energy supplies.

Given the recent crisis in Ukraine, leading to a souring of relations, working towards a more energy autonomous Europe would reduce the leverage Russia held over the EU.

3. Privatisation of onshore minerals Private land laws in the United Kingdom should be radically restructured: privatising onshore oil, gas, coal and mineral reserves similar to the United States. Free market transactions may then take place, allowing landowners royalties from profit instead of meagre compensation from

create more ‘midstream and downstream’

governments. Not only would this be more

service sector jobs, granting a more recipro-

advantageous to the individual but also to

cal relationship between locals of fracking

the community and drilling firms, as it will

and big businesses.

lead to multi-tiered support for fracking, reaching a local level.

109 110

IEA (2012) Stevens (2011)

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Bibliography Boersma, T. and Johnson, C. (2013), ‘Energy (in)security in Poland the Case of Shale Gas’, Energy Policy, Vol. 53, pp. 389399 Commission of the European Communities (2000), Brussels. Communication from the Commission on the precautionary principle: http://europa.eu/legislation_summaries/cons umers/consumer_safety/l32042_en.htm Congressional Natural Gas caucus hearing on economic impact July 26th 2013, available at: https://www.youtube.com/watch?v=FFTazjQGjI De Jong, J. and Egenhofer, C. (2014), ‘Exploring a Regional Approach to EU energy policies’, CEPS (Centre for European Policy Studies) Report, no. 84/ April IEA (2012), Golden Rules for a Golden Age of Gas, World Energy Outlook Special Report On Unconventional Gas, www.worldenergyoutlook.org Kefferput, R. (2010), Shale fever: Replicating the US gas revolution in the EU?, CEPS (Centre for European Policy Studies)

Smith, K. C. (2013), ‘Fracking Debate May have Turned a Corner’ (Oct 18th 2013), available at: http://www.ft.com/cms/s/0/008aaf16-319411e3-a16d00144feab7de.html#ixzz2mWcqAAb2 Stevens, P. (2011), Parliamentary Evidence, Shale Gas, Chatham House Stevens, P. (2012) The Shale Gas Revolution, Developments and changes, Chatham House U.S Rep. Tom Reed (R-NY), Congressional Natural Gas caucus hearing on economic impact July 26th 2013 https://www.youtube.com/watch?v=FFTazjQGjI "US overtakes Russia as biggest Natural Gas Producer”, Bloomberg, 12th Jan 2010' available at: http://www.bloomberg.com/apps/news?pid =newsarchive&sid=aH0jhcEHz07s Weinstein, M. (2013) 'Hydraulic Fracturing in the United States and the European Union: Rethinking Regulation to Ensure the Protection of Water Resources', Wisconsin International Law Journal, Vol. 30

Mc Gowan, F. (2012), Regulating innovation: European response to shale gas development, Routledge, Taylor & Francis Group, University of Sussex Medlock, K. B., Jaffe, A. M., & Hartley, P. R. (2011), Shale Gas and U.S National Security, Houston, Texas: Baker institute, Rice University Pearson, I. et al. (2012), JRC (Joint Research Centre) Scientific and Policy Report – Unconventional Gas: Potentional Energy Market Impacts in the European Union, European Commission Royal Society and Royal Academy of Engineering (2012), p. 4, quoted in Stevens, P. (2012) The Shale Gas Revolution, Developments and changes, Chatham House

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6

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Healthcare

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I S C OMPASSION OVER - RATED ?

Rekha Vijayshankar

NHS constitution, the Chief Nursing Officer

Introduction

held that the 6 Cs ‘[were] the values that mo-

There is a sense that health care in general, and nursing in particular, has lost its way.

111

The core values of compassion, empathy, and keeping the patient and their families involved in the care process are no longer the prime motivators for our healthcare professionals. The media and the government have highlighted the failures of nursing care, especially amongst the elderly. Prime Minister, David Cameron, has even suggested incentivising compassion to improve standards.

In light of the personal experience of the writer, this article attempts to analyse compassion in the context of nursing. The policy hereafter proposed in this recommendation aims at making the 6 Cs of the Chief Nursing Officer — (i) care, (ii) compassion, (iii) competence, (iv) communication, (v) courage and (vi) commitment — a viable reality.

tivate us to work in health and care in the first place. Importantly, staying connected to these values is what gives us the strength to keep doing this challenging work everyday’.112 The central proposition of this recommendation is that delivering compassionate personcentered care is a gradual process. It requires investing one’s time, emotion, and having the ability to build a relationship based upon mutual trust. Intelligent kindness underpins the building of this therapeutic relationship. The purpose of a compassionate relationship is to empower the recipient of care by helping him to make informed choices about his health and wellbeing. The NHS constitution enshrines this as a value by declaring ‘no decision about me without me’.113 And herein lies the challenge. Understanding the relationship between efficiency and compassion is key. A target-driven culture may not be compatible with compassion unless time for human exchange is made. In a highly

The Heart in the art of compassionate nursing is a culture that cares — not the ‘business of care’

pressured environment, where resources are stretched, and efficiency rewarded, the human element in care risks erosion. Contrary to the current vision of care being a business

In her 2012 policy recommendation for the 111

Parliamentary and Health Service Ombudsman (2011)

112 113

NHS Constitution ibid

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– ‘we are in the business of care’ —114 care is

Attention is increasingly paid to staffing. In-

more a matter of culture. For compassion to

deed, public expectations and the quality

be most effective, we need to be a culture

agenda, — post the mid staffs crisis in partic-

which cares – not in a business of care.

ular — demand that patient safety and quality of care are never compromised. In one year,

Policy Recommendations

the National Patient Safety Agency (NPSA) identified more than 30,000 incidents which could be directly linked to staff shortages.

This policy for the “Development of Compassionate Care in Nursing” supports the idea of intelligent kindness. Unless one operates in a framework defining care in a cultural context, rather than a business of care, the essence of care risks being eroded. The CNO’s 6 C’s are sound values. But for them to have a chance of effective implementation, a paradigm shift in our consciousness and attitude to health care is needed. Health care is a social enterprise in the UK, and must continue to be. Indeed, compassion and profits do not make good bed partners. As Mahatma Gandhi said:

Professional bodies and associations in the UK have put forward recommendations for nurse staffing levels in different specialities.

The Safe Staffing alliance noted that ‘a staffing ratio of one registered nurse to eight patients (excluding the nurse in charge) is the level below which there is a significant risk of harm. (…) This does not guarantee good care but anything less is known to increase the risk of poor care and constitutes a safety hazard’.116 Rafferty et al reported, after a study of 30 hospital trusts in England, the effect of nurse staffing on mortality outcomes in surgical patients as well as on nurse job outcomes and

‘A Patient is the most important person in our Hospital. He is not an interruption to our work. He is the purpose of it. He is not an outsider in our Hospital, he is part of it. We are not doing him a favour by serving him, he is doing us a favour by giving us an opportunity to do so’115

nurse ratings of quality of care.117 Patients in hospitals with the highest patient to nurse ratios had 26% higher mortality: the nurses in those hospitals were twice as likely to be dissatisfied with their jobs, to show high burnout levels, and to report low or deteriorating quality of care on their wards and hospitals.

Ball and Pike reported that in two fifths of the

1. Legislation for standardising nurse to patient ratios in medical, surgical, paediatric and mental health wards

cases care was compromised at least once a week due to staff shortages.118 Optimal staffing is clearly key for quality outcomes. Fulfilling the pledge to reduce waiting times in the NHS has increased capacity and 116

114

ibid 115 Motto of the Bombay Hospital, Mumbai, India

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Royal College of Nursing West et al. (2009) 118 Ball and Pike (2009) 117

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a more rapid throughput of patients in hospi-

crude top-down ratios that are set on the

tals. In a similar fashion, as patient needs

basis of staff to the number of beds to a

have intensified – both in the hospitals and in

more detailed system which takes into

the community – the volume of care required

account the levels/extent of patient de-

has grown. 27% of our nursing population is

pendencies and the skill mix needed to

over 50 years of age and workforce planning

provide best possible care;

has in the past not been robust enough to

• Ward sisters and nurse managers should

ensure that supply matches demand. 119 In-

be fully engaged in and supported by the

stead, a “boom or bust” situation has come

Director of Nursing and the Trust Board

about.

Legislating on a patient nurse ratio can help resolve these gaps, by encouraging workforce stability and reducing the use of temporary staff. Furthermore, it ensures compliance from all employers and hence provides an element of quality assurance. In order to achieve this, the author recommends: • Workforce planning for nurse staffing on wards to be undertaken in every ward in every trust, supported by evidence based tools/methodologies to set core establishments sufficient to maintain safe nurse to patient ratios. These establishments will reflect and accommodates for differences in ward type, function and regional/local realities; • Ward sisters (or equivalent) should be empowered to make day to day decisions on staffing and resource levels with the authority to act on those decisions.

Equally there should be provision for training and updates on current methodologies, evidence based practice and most relevant and recent research on workforce planning. This task can be carried out by trust Human Resources Departments. The systems may vary from

— the Trust Board must be accountable for staffing levels being maintained at the calibrated safe levels; • Maintaining consistency across wards.

Two or three recognised workforce planning models could be adopted by the trusts. This maintains validity by limiting the scope for confusion. Equally important is the need for effective and timely communication to all staff members about the procedures and timescales of planning and implementation. A transparent system is more likely to secure staff buy-in, rather than a staffing model which has been handed top down; • It is equally important for trusts to ensure that the data collection methodology adopted by them is robust and relevant.

Timely

reviews

tion/turnover

and

of

staff

patient

satisfacsatisfaction

scores will underpin the validity of the data collection methods for workforce planning; • Finally, it is important to remind ourselves that at the heart of the workforce planning is not only the welfare of the staff but also that of the patient. A secure whistleblowing system which enables staff to report concerns about patient care, particularly, due to staffing inadequacies is important

119

ibid

to protect the integrity of the planning and

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review processes.

• Allocating a private physical space where nurses can make and hold a space for their emotion. This can be a spiritual

2. Providing a culture of care

space like a prayer room, or a non-

The provision of robust emotional support mechanisms for nurses is vital. Nursing requires emotional, physical and mental labour.

Studies have shown that the drain on emo-

denominational healing space which enables the expression of emotion with dignity and integrity.

tionally intelligent nurses is heightened in the

3. Promoting an authentic picture of

demanding ward environment. Creating a

nursing

space to rest, rant and recuperate outside the ward environment is important and thera-

This ultimate proposal recommends setting

peutic. Currently counselling support available

standards for media representation to sup-

is patchy largely restricted to palliative care

port fair, unbiased and objective reporting of

nursing. Although the challenges are different,

nursing care and patient experience. Biased

the pressures of nursing are similar, and often

reporting must be challenged by the nursing

lead to high burnout. Facilitating compassion

lobby. Bodies like the Royal College of Nurs-

for patients is possible only when it is under-

ing and the various nursing associations can-

pinned by compassion for the staff delivering

not accommodate for incomplete and un-

the care. Hence, the author recommends:

comprehensive

media

reporting.

Equally,

• Staff empowerment and key working

there is a need for further research into nurse

(mentoring) for all nurses, through identi-

self-perception across the ranks. After all,

fied specialist nurses;

how a nurse perceives herself reflects on

• Trained facilitators that can engage with

what she does and actually affects the quality

staff to guide reflective practice and the

of her work. Crucially therefore there is a link

use of self-efficacy tools;

between the self-image of a nurse and pa-

• Training ward sisters and managers to

tient experience.

have a coaching work style which en-

A public education programme to reflect the

courages approachability and teaches the

variety and challenge of nursing both in

maintenance of safe boundaries. This is

community and secondary care will go a long

best achieved when there is organisa-

way in helping restore the balance of public

tional endorsement of a no blame ethos

opinion to form an opinion which is informed

as reflected in a range of formal support

and unbiased. When this happens, the public

opportunities. In a culture of care – we

perception is not just a result of media repre-

care about one another as nurses —

sentation, but a more authentic understand-

nurses can care for their patients in the

ing of the realities of modern day nursing.

best possible way;

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Policy Implementation Policy Recommendation

Implemented by

Standardising nurse to pa- An Act of Parliament tient ratios

Implemented with Professional and research bodies like the NMC, the National Nursing Research Unit, Trust Human Resources Management

Defining Optimum and not Individual Trust Boards as Yearly benchmarks set by the trust just Adequate staff levels they set out their vision for Human Resource/Personnel departfor nursing and Health the year ments based upon bed occupancy Care associates rates, staff numbers, sickness and other absence rates. This is to be done in conjunction with the Trust Finance Management .

Nurse Education in build- Individual universities, with ing empathy course structure and content overseen by the NMC for purposes of standardisation and quality Creating a healing space Individual Trusts for nurses

Fair Media Representation

Counselling and support programmes organised by the forums of ward sisters in conjunction with professional bodies such as the BACP, UKCP. Moneys for this support to come from set allocations per ward, depending upon the nature of the ward, the staff numbers, and the numbers likely to be needing referrals.

Government through Legis- Individual trust media and communicalation tion departments to engage with public media for a fair and objective representation of the ground situation of the challenges of nursing care on the ward

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Patient Education

Trust Communication De- Trust Media and Communications expartment perts informing patients of their rights and responsibilities, creating Audio visual inputs for potraying the nursing perspective on care provision, engaging with social media to talk about the work of the nurses on the various wards ( A day in the life of the staff nurse)

Policy Evaluation highest quality of care delivery possible for

Strengths

all our patients, in all our wards, equally.

1. This recommendation is a comprehen-

6. There is a focus on Nurse Education as

sive model. It takes a 360 degree view of

a potent tool for building empathy through

the interests of all the parties involved in

adequate role modelling by teachers and

the provision of care.

nurse

mentors.

2. It is realistic: based upon an understanding of the challenges involved in the delivery of high quality care.

Weaknesses 1. Legislations on standardising staff ratios

3. All the policy recommendations are easi-

will need substantiated by adequate re-

ly achievable, with the right commitment

search and enough lobbying by profes-

behind them.

sional nursing bodies. This is capital inten-

4. It espouses a participatory understand-

sive, at a time, when our economy is still

ing of the difficulties involved in the provi-

recovering from the deep recession and

sion of care by the nurses from patients

the government has a high fiscal deficit.

and their families. Only such empathy can

2. However well run Trust campaigns are

make all the parties involved in the delivery

on the challenges that the nurses in partic-

of care, work together for maintaining the

ular face on the frontline of providing care,

highest standard of care.

it is important to accept that Trust funds for

5. It encourages objectivity and requires

media campaigns are limited.

restraint by trust management. It reminds

This is especially poignant, in the face of

them that the patient is at the heart of the

the deep pockets of the media moguls and

care. In that the health service is primarily a

their habit of sensationalism for maximising

social enterprise in its philosophy and vi-

sales.

sion. Managing it commercially, needs to be balanced with the needs of ensuring the

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Barriers to Implementation

quent bias may affect the student negatively.

Further research is suggested into the success of mentorship for various trusts.

1. Lack of Enthusiasm from Trust Management

Conclusion

The fundamental question to answer is the one about direction and vision for the NHS. How far does the idea of our health service being managed as a commercial enterprise, sustain the vision of high quality care for all.

Viewing compassion as the single most important aspect of the quality of care is fraught with inherent dangers. Compassion is an innate quality, a virtue, which cannot be objectivised. It can however be developed over time as a deep practice. Equally,

2. Investment in research to lobby for better working conditions for nurses

compassion has a different connotation across

cultures.

Ideas

of

incentivising

compassion may actually mean diverting Further research into nurse fatigue caused from the shift pattern of work, the hours of work per shift, the usefulness of limited support mechanisms currently available, and nurse ‘burn-out’ will help improvements in quality of healthcare. This may be a capital and time intensive exercise, and will need competing for a small kitty of research grants available.

sparse health service funds, to an index which is not quantifiable. Compassionate care in nursing is underpinned by investments in time, emotion and the building of therapeutic relationships with the recipient of care, who is the ultimate decision maker of his health and well-being. For this to happen and the CNO’s 6 Cs to come to life, a shift of consciousness from our current understanding of managing healthcare

3. Building empathy through Nurse Education

as a business is required. We are in the culture of care – not a business of care.

Targets and throughput need replacing by investments in time, resources and the

Whilst role modelling by teachers and nurse

building of a relationship which is mutually

mentors on the ward has traditionally proven

honouring. This article reflects on the barri-

to be a sound practice to build empathy

ers to the delivery of high quality care and

amongst student nurses, this is not without

makes

its limitations. Under pressure with time and

therefrom. Although, there are some inher-

heavy workloads, mentors on the ward, do

ent barriers to their implementation, with

not always have the time to engage with pa-

the right will behind them- these are easily

tients in a manner they would ideally like to.

achieved. As Claire Gerada aptly points

Some others are not just tired, but also dis-

out: ‘If we want to keep serving the best

heartened by the “system” and the conse-

interests of the patients and retain trust, we

three

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policy

recommendations

49

must reject the language of the markets and embrace the language of caring’.120

Bibliography Ball, J. and Pike, G. (2009), Guidance on Safe Nurse Staffing Levels in the UK, Royal College of Nursing, available at http://www.rcn.org.uk/__data/assets/pdf_file/0 005/353237/003860.pdf Ballat, J. and Campling, P. (2011), Intelligent Kindness: Reforming the culture of healthcare, Royal College of Psychiatrists Brotheridge, C. and Grandey, A. (2002), ‘Emotional labour and burnout: Comparing two perspectives on “people work”’, Journal of Vocational Behaviour, Vol. 60, pp. 17–39 Buber, M. and Gregor-Smith, R.(2002), Between man and man, London: Routledge Dewar, B. (2011), Caring Conversations, RCN Congress, available at: https://www.rcn.org.uk/__.../Caring_Conversa tions_fringe_RCN_Congre...

Dewar, R. and Nolan, M. (2012), ‘Caring about caring: Developing a model to implement compassionate relationship centered care in an older people’s setting’, International Journal of Nursing Studies, Vol. 50, Issue 09, pp. 1247–1258 Firth-Cozens, J. and Cornwell, J. (2009), The Point of Care, The Kings Fund, http://www.kingsfund.org.uk/sites/files/kf/field/ field_publication_file/poc-enablingcompassionate-care-hospital-settingsapr09.pdf Freshwater, D. and Stickley, T. (2004) ‘The heart of the art: emotional intelligence in nurse education’, Journal of Clinical Nursing, Vol. 11, No. 2 Gerada, C. (2013), The Commonwealth Fund Report, NHS England

120

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Gerada (2013)

Grob, R. (2013), ‘The Heart of PatientCentered care’, Journal of Health Politics, Policy and Law, Vol. 38, No. 2, pp. 457-465 NHS Constitution, available at: https://www.gov.uk/government/publications/t he-nhs-constitution-for-england NHS England (2012), Compassion in Practice – our culture of compassionate care, available at: http://www.england.nhs.uk/wpcontent/uploads/2012/12/compassion-inpractice.pdf Parliamentary and Health Service Ombudsman (2011), ‘Care and Compassion?: Report of the Health Service Ombudsman on ten investigations into NHS care of older people’, available from: http://www.ombudsman.org.uk/__data/assets/ pdf_file/0016/7216/Care-and-CompassionPHSO-0114web.pdf Royal College of Nursing, Safe Staffing Alliance Statement, available at: http://rcnpublishing.com/doi/pdfplus/10.7748/ ns2013.05.27.37.19.s26 Takase, M., Maude, P., and Manias, E. (2006), ‘The impacts of perceived public image of nursing on nurse’s work behaviour’, Journal of Advanced Nursing, Vol. 53, No. 3 , pp. 333343 Wear, D. and Zarconi J (2008), ‘Can compassion be taught? Let’s ask our students’, Journal of General Internal Medicine, Vol. 23, pp. 948–53 West, E., Nicholas, M., Rafferty, A. M., Rowan, K., and Sanderson, C. (2009), ‘Nursing resources and patient outcomes in intensive care: A systematic review of the literature’, International Journal of Nursing Studies, Vol. 46, No. 7, pp. 993-1101 Youngson, R. (2008), ‘Compassion in Health Care: The missing dimension of health care reform?’, NHS Confederation Futures Debate, Paper 2, London: NHS Confederation, available at: www.debatepapers.org.uk

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Acknowledgements King’s Think Tank Committee 2013-’14 Core Committee President – Michelle Liptakova Vice-President – Laura Nonninger Treasurer – Michael Di Benedetto External Liaison – Yutetsu Ametani Policy Centre Coordinator – Oli Slattery Growth & Development – Anton Spisak Student Involvement – Nicola Nesi Editor-in-Chief – Manon Glaser Business/Economics Policy Centre President – Morgan Lochhead Events Organiser – Elena Hinnawi Publicity Officer – Alexis Nicholas Current Affairs Policy Centre President – David Haughan Events Organiser – Lucia Graham-Wood Publicity Officer – Farah Goutali Defence/Diplomacy Policy Centre President – Sayagi Vallipuram (MayDecember 2013); Hugo Hoyland (JanuaryMarch 2014) Events Organiser – Hugo Hoyland (MayDecember 2013) Publicity Officer – Hillary Brifa Education Policy Centre President – Nathan Hunter Events Organiser – Christina Andrew Publicity Officer – Emma Robinson

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Energy/Environment Policy Centre President – Louise Wang Events Organiser – Johanna Grusch Publicity Officer – Giada Ciccozzi Healthcare Policy Centre President – Ghalia Ashoor Events Organiser – Alice DaEun Lee Publicity Officer – José Gaign Law Policy Centre President – Shruti Iyer Events Organiser – Anastassia Dimmek Publicity Officer – Mark Chan The Spectrum Deputy Editor-in-Chief – Andrada Dobre Business & Economics Policy Centre – Ben O'Keefe; Amish Patel Current Affairs Policy Centre – Angela Buensucesco; Dean Forrester Defence & Diplomacy Policy Centre – Joshua Hewson; Michele Capeleto Education Policy Centre – Katy Foxall; Gustave Kennedi Energy & Environment Policy Centre – Rachel Longe; Emma Robinson Healthcare Policy Centre – Christine Bojanic Law Policy Centre – Claire Smith Publicity Officer – Ryan Austin Communications Photographers – Marianna Drake; Abigail Wilson; Steven Wisdom Liaisons – Henry Cross; Guillermo Giralda Fustes Careers Officer – Ariella Grose

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Our sponsors "As this year's Treasurer, I would like to take the opportunity to extend our gratitude to Tim Hailes, whose generous donation has made this journal possible. Further, I would like to thank King's College London Student Union for their financial and professional support."

Michael Di Benedetto (Treasurer, 2013-2014') Our contributors Dr. Adam Wright Toni MacAdams Niki Adams Jay Levy Lord Phillips of Worth Matravers Dr. Michael Pinto-Duschinsky Dr. Susan Easton Prof. Rick Trainor Rachel Wentstone Prof. Mark Brown Dr John Bryden Theo Farrell Anatol Lieven Michael Keating Zachary Wolfraim Prof. Sir Brian Jarman Celia Ingham Clark MBE Professor Sir Albert Aynsley-Green Linda Kaucher David Tentori Ian Black Chris Nineham, James Denselow Lina Sinjab Dr. Craig Larkin Stephen Tindale Prof. Steve Thomas Dr. Paul Dorfman

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