The Six Pump Court Regulatory Podcast

Episode 6: The Water White Paper – Implications for Regulation and Practice - with Dr Michael Bowes

In this episode, our host Doug Scott is joined by Dr Michael Bowes to examine the Government’s recent White Paper on reforming the English water sector and what it means for regulators, undertakers, and practitioners across multiple disciplines. Our speakers explore how far the proposals adopt the architecture of the Cunliffe Review, including the move towards a supervisory model of regulation, the consolidation of existing regulators, and the increasing alignment of economic and environmental objectives. The discussion considers whether the reforms represent genuine structural transformation or risk becoming high-level aspirations without the legislative and institutional detail needed for effective implementation. Doug and Michael also consider industry reaction to the White Paper and who should be paying close attention to these reforms. Does the direction of travel signal a fundamental shift in the culture of water regulation, or simply a more complex phase of turbulence ahead? Listen in to find out. References:  The White Paper: https://www.gov.uk/government/publications/a-new-vision-for-water-white-paper [https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fa-new-vision-for-water-white-paper&data=05%7C02%7C%7Cd5f834ad46fb42693ea508de6f0266f7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C639070253271250970%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=wiEIJDf0WhlKngVi%2BT7cDnraqrU8TaB50B2S0%2B8WLuw%3D&reserved=0] Summary and Analysis of the Cunliffe Report: https://6pumpcourt.co.uk/wp-content/uploads/2025/06/Water-Law-Industry-Group-update.pdf [https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2F6pumpcourt.co.uk%2Fwp-content%2Fuploads%2F2025%2F06%2FWater-Law-Industry-Group-update.pdf&data=05%7C02%7C%7Cd5f834ad46fb42693ea508de6f0266f7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C639070253271258611%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=TwV%2BHX8Vf8mwdx26XZNnEbgAHmYWmr03OCkzMJ75qWI%3D&reserved=0]

Episode 5: All I Want for Christmas is...Open Access? - with Jemima Lovatt

In this festive edition of the Six Pump Court Regulatory Podcast, Doug Scott is joined by barrister Jemima Lovatt to talk about the protection of common land and open spaces – because, as Doug points out, if we lose our open spaces, where exactly are Rudolph and the reindeers supposed to land? Setting (tenuous) links to Christmas aside, Doug and Jemima take a deep dive into the environmental and public law frameworks governing commons, exploring why these landscapes sit at such a legally and politically contested intersection of private property, public access and environmental protection. The conversation centres on the Supreme Court’s decision in Darwall v Dartmoor National Park Authority, unpacking what it really means for wild camping, open-air recreation and the limits of landowners’ control. They discuss how regulators (mainly park authorities) should respond in practice, the role of byelaws in managing behaviour without unlawfully restricting access, and why organisations like the Open Spaces Society play an important role in guarding against the incremental loss of shared land. The episode also briefly looks ahead to the emerging idea of “rights of nature” and whether English law may eventually be pushed to rethink how it values land held for collective benefit.

Episode 4: Overworked and Under Enforced – Stress in the Work Place - with Mark Davies

In this episode, Doug Scott is joined by barrister Mark Davies to explore one of the most under-enforced yet pervasive issues in workplace regulation: work-related stress. Despite soaring rates of stress, anxiety, and depression – affecting an estimated 776,000 UK workers in 2023/24 – we’ve seen no prosecutions for failing to protect employees’ mental health. Doug and Mark unpack the legal framework under the Health and Safety at Work Act 1974 and the Management Regulations 1999, asking why the enforcement statistics don’t align with the scale of the problem. They discuss the HSE’s stated commitment to tackling work-related stress, the challenges of translating that into action, and the tension between civil and criminal liability in cases of psychological harm. From the “Goldilocks” prosecution the HSE may be waiting for, to the surprising parallels between stress and physical safety risks, this episode examines how regulators and employers might adapt as mental health becomes the next frontier of workplace safety. For more information, including citations of referenced cases, visit: https://6pumpcourt.co.uk/regulatory-podcast-episode-4-overworked-and-under-enforced-stress-in-the-work-place/ [https://6pumpcourt.co.uk/regulatory-podcast-episode-4-overworked-and-under-enforced-stress-in-the-work-place/]

Episode 3: The Cunliffe Report - A Blueprint for Water Sector Reform - with Dr Michael Bowes

In this episode, Doug Scott is rejoined by Dr Michael Bowes to unpack the final report from Sir John Cunliffe’s Independent Water Commissioner Review. The report, described as “dynamic” and “visionary,” proposes nothing short of a structural overhaul of water governance in England and Wales. Doug and Michael explore the report’s central themes, including the ageing and fragmented water infrastructure, the case for regional system planners, the need for strategic planning over 5, 10, and 25-year horizons, and a move towards truly integrated regulation and governance. They also consider the political and legislative obstacles that could stand in the way of meaningful reform. Packed with insights, metaphors, and more than a few jokes, the discussion highlights both the report’s transformative potential and the practical challenges that lie ahead. You can also read Six Pump Court’s 30-page summary of the 464-page report here. [https://6pumpcourt.co.uk/wp-content/uploads/2025/08/WLIG-Analysis-of-Cunliffe-Report-Final.pdf⁠]

Episode 2: Silica Dust - Regulation, Risk and Reform - With Angelica Rokad

In this episode, Doug Scott is joined by Angelica Rokad to discuss the risks associated with silica dust exposure and the current regulatory regime. Angelica explains what respirable crystalline silica (RCS) is, how it arises in everyday industries like construction and manufacturing, and the serious health consequences of long-term exposure - including silicosis and other debilitating lung diseases. They explore some of the requirements placed on employers under the Control of Substances Hazardous to Health Regulations 2002 and the Health and Safety at Work etc. Act 1974, including the legal limits for exposure and obligations to inform and protect workers. Angelica highlights recent Health and Safety Executive prosecutions and discusses the tragic case of Wessam al Jundi, whose death prompted a Prevention of Future Deaths report questioning whether enough is being done to prevent similar incidents. Doug and Angelica also discuss potential regulatory reform, including calls to lower the UK’s legal exposure limit and the international context, with countries like Australia banning engineered stone altogether.