Protecting health information privacy in research: what's an ethics committee like yours doing in a job like this?

The Commonwealth and State legislation designed to protect the privacy of personal health information has attracted the criticism that the constraints imposed on the use of the information in research obstructs that research. A central and common feature of the legislation is the reliance upon the review by human research ethics committees of research that proposes to use personal health information for research without prior consent from those whose information it is. The origins of this reliance are explored and explained and it is suggested that this has proved to be an inappropriate policy choice. The extension of the reliance is then described and the conceptual, procedural, workload and structural consequences of requiring these voluntary committees to conform to legislative standards of review of issues of the public interest are critically examined. In recent reviews of the Commonwealth legislation, there is recognition of the underlying uncertainty as to the appropriate balance between protection of personal privacy and the promotion of beneficial research. In the further exploration of these matters that those reviews recommended, a close and critical examination of the wisdom of continuing to rely on ethics committees is needed.     

The Emergence of Environmental Concerns: Hydroelectric Schemes in Scotland

Regulating the environmental impacts of hydroelectric schemesis of increasing importance in the light of the strong policydrive towards expanding the proportion of energy gained fromrenewable sources. Yet hydroelectric schemes are significantin another way. They provide an unusual example of a technologythat has changed little over the last 100 years and thus offersa real opportunity to judge the impact of a changing regulatoryclimate. In Scotland, three distinct phases can be detected.Earlier controls focussed on the protection of private interests,especially fishing rights, with authorisations secured throughPrivate Acts of Parliament. This was followed by a period wherepromotion of such schemes lay with public bodies; though undergeneral statutory duties, ultimately the balancing of environmentaland other interests lay with such bodies who acted with fewexternal controls. Privatisation of electricity generation in1989, coupled with the growing development of relevant EuropeanCommunity legislation, dramatically shifted the regulatory balances.Environmental Assessment requirements and now the obligationsof the Water Framework Directive have substantially alteredthe concept and scope of environmental concerns in this field.     

Negotiating climate legislation: Policy path dependence and coalition stabilization

This article investigates the nature of policy path dependence through analysis of climate policy formation in the United States. In 2008 the US Congress attempted to pass the Lieberman–Warner bill, a comprehensive climate and energy package that would have capped greenhouse emissions and established a nationwide cap and trade program. In the same year, California successfully enacted the Global Warming Solutions Act. This article explores the circumstances of both cases and raises the question of why legislation at the state level was successful and took such a divergent form from legislation at the federal level. The divergence of these cases is used to highlight the nature of coalition formation and policy path dependence in the legislative process. Explanations of policy tend to gravitate toward either the generalizability of game theoretic approaches or the empirical depth of case studies. This article suggests a combined approach that uses case studies to analyze the positions and motivations of actors and to then model policy development over time. The approach examines policy through the formation and negotiation of policy coalitions. Drawing on the Advocacy Coalition Framework and omnibus analysis, the approach expands these coalition theories first by analysing legislative development at the interface of legislators and constituent interest groups, and second by adding temporal dimension to the analysis. The findings suggest that policy is path dependent in that it is negotiated between coalitions that in turn create stability in the policy process and insulate policy fields from external shocks. Policy path dependence suggests that theory alone is insufficient to predict policy outcomes; policy results depend strongly on prior policy efforts, historically and socially contingent coalitions, and the resulting framing of policy possibilities.