Institute rules out human rights move over cost concerns

ICAEW will not check its review of disciplinary procedures in the light of human rights law, as it will be too expensive

Written by Kevin Reed

A review of disciplinary procedures in the light of human rights law has been ruled out by the ICAEW on the basis it would cost too much.

The institute has been under pressure, leading up to the introduction of public tribunals next month, to check whether the new setup will be consistent with human
rights laws.

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But the body decided that the cost of doing so ­ estimated at £30,000, less than half what it spent on its new logo ­ was too much.

Members’ group the Society of Professional Accountants criticised the decision, saying that the cost worked out at just 25p per member.

Critics have suggested that a review is overdue, the last one having been carried out by Michael Beloff QC in 1999. There have been major changes since then after the introduction of the Human Rights Act into UK law.

‘It would be a small cost, as disciplinaries impact on every member,’ said SPA chairman and ICAEW council member Peter Mitchell.

‘We’re moving into a new arena, it would have been sensible to have had this in place: they haven’t gone the extra mile. It seemed an opportune time to assess whether we are wholly compliant.’

The institute’s reason for not spending the money was that it has never had a complaint on human rights’ grounds.

The body also revealed that details of the process for publicising the dates of tribunals would be available from 21 December, with the first public hearings expected in mid-January.

The tribunals will be posted on its website seven days before the hearing. Members facing a tribunal will have the opportunity to request a hearing away from the public glare, but it is expected this will only occur in exceptional circumstances.

‘We’ve made it clear that the chair can hear parts of the proceedings privately; we will be sensitive to that. It’s not pioneering, just common practice,’ ICAEW executive director of professional standards Vernon Soare previously told Accountancy Age.

The move to public tribunals leaves ICAS as the only CCAB body to undertake all hearings in private.

The ICAEW began its move following best practice guidelines from the Professional Oversight Board, and the public hearing of the Mayflower case by the Accountancy Investigation & Discipline Board.

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