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Occurrence of Risk in Relation to Economic and Legal Implications
Table of Contents
TOC o “1-3” h z u 1. Introduction PAGEREF _Toc86321326 h 32. Occurrence of Risk in Relation to Economic and Legal Implications PAGEREF _Toc86321327 h 32.1 Definition of risk PAGEREF _Toc86321328 h 32.2 Difference between risk and uncertainty PAGEREF _Toc86321329 h 32.3 Origins and the Nature of risks PAGEREF _Toc86321330 h 42.4 Business and societal setting PAGEREF _Toc86321331 h 52.5 Identification of risks in the context of economic and legal implications PAGEREF _Toc86321332 h 52.5.1 Compliance risks PAGEREF _Toc86321333 h 52.5.2 Hazard risks PAGEREF _Toc86321334 h 62.5.3 Control Risks PAGEREF _Toc86321335 h 62.5.4 Opportunity risk PAGEREF _Toc86321336 h 63. Risk management plan PAGEREF _Toc86321337 h 73.1 Control measures PAGEREF _Toc86321338 h 73.2 Corrective actions PAGEREF _Toc86321339 h 73.3 Record keeping and review frequencies PAGEREF _Toc86321340 h 84.0 Summary PAGEREF _Toc86321341 h 8References PAGEREF _Toc86321342 h 10
1. IntroductionThe purpose of writing this report is that by studying PepsiCo’s risk and its economic and legal impact, and formulating a risk management plan, better decisions and policies can be made in future. The report further intends to contribute to the body of literature on the matter of risk and decisions related to the same. The report has reached the conclusion that firms must institute strategies to mitigate economic and legal implications of risk which pose the biggest threat to the success of the organization.
2. Occurrence of Risk in Relation to Economic and Legal Implications
2.1 Definition of risk
Relying upon the goal and viewpoint of a discourse, the word risk is described and discussed in a variety of ways. According to (Yusoff & Husnina, 2018) a risk is uncertainty that has the consequences of losses and/or sometimes damage. They imply that something unpredictable does not necessarily entail a danger; nonetheless, if an event is both unclear and involves a loss, it might be classified as a risk. Risk can be defined as a situation in which there is a probability of losing but also a chance of winning (Kahn & Zsidisin, 2012), because no one would be risking losing if there was no possibility of winning.
2.2 Difference between risk and uncertaintyThe relationship between uncertainty and risk, like the relationship between certainty and uncertainty, is not just theoretically significant, but also quite practical (Rachev, Stoyanov, and Fabozzi, 2011). The latter is especially important when making choices since the procedures and events that impact a firm’s or a commercial context’s condition could be in various states of uncertainty or risk, affecting the system’s functioning in various manner (Gifford, 2003). This is the reason why it is vital to differentiate uncertainty and risk, as well as the notes that separate them, in order to modify one’s perspective regarding them.
2.3 Origins and the Nature of risksPascal Wager mentions that risk originated from the human gamble regarding the existence of God or otherwise. Based on this argument, Pascal advices that people believe in God’s existence for the positive expected value that lay the foundation. According to Hopkin, there are four classifications of risks; compliance (or mandatory) risks, hazard (or pure) risks, control (or uncertainty) risks and opportunity (or speculative) risks.
2.4 Business and societal setting
Business risk can be defined as an industry’s or firm’s vulnerability to variables that could cut down the productivity or hurt the company. A business risk is something that jeopardizes a corporation’s potential to attain its investment objectives. There exist several things that may come together and bring about business risk. A company’s social risk encompasses acts that have an impact on the communities in which it operates. Labor difficulties, workplace civil rights breaches, and corporate corruption are just a few examples. Healthcare issues can also be a source of concern because they might affect employee enthusiasm and attendance. If the corporation does not have a clear knowledge of the local structure of power and who the power brokers are, political uncertainty might be a societal risk. Another politically connected sticking point is land utilization. A company looking to create a new site, for instance, may run into zoning complications with the local community planning board. Organizations that seem to have social risk issues face political blowback, public outrage, and a tarnished legal reputation, and they may not be able to survive in the long run. The business environment of PepsiCo is faced with several risks that can arise from political aspects such as taxation and political stability, economic factors such as inflation rate and interest rates, social factors such as attitude, rate of technological diffusion and environmental factors such as whether. The social environment of PepsiCo is affected by aspects such as demographics, attitude, culture, education levels and class structure.
Identification of risks in the context of economic and legal implications2.5.1 Compliance risks
Compliance risk is one of the risks that PepsiCo is facing. Regulatory compliance is just one of the numerous expenses nowadays for the organization. Businesses are frequently obligated to follow at least one, if not several, pieces of legislations. There exist numerous non-mandated and intangible motivations to execute compliance-associated tasks. Other than the fines and bad publicity, the principal cause why organizations gladly leap through the required hoops are to safeguard their consumers and their own image. Adjustments in rules and regulations governing the utilization or disposal of plastics or other packing materials of PepsiCo’s products, such as plastic product limits, have resulted in a major decline in the revenues (Zhang, 2019). Lawsuit, disputes, legislative or regulatory actions, inquiries, or investigations may lead to liabilities and expenses that negatively damage the business, financial situation, or operating results. Keeping on top of the industry’s specialized legislation, regulatory organizations, as well as state regulations, is essential for preventing compliance problems. Regulatory bodies such as the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) issue alerts to a multitude of sectors on a routine basis, while the Health Insurance Portability and Accountability Act (HIPAA) is an example of a complex and constantly shifting legal framework particular to one sector.
2.5.2 Hazard risksThese kinds of dangers arise from hazardous working conditions. Here are a few examples: Biological risks which encompass viruses, bacteria, and other organisms that have the potential of harming one’s health. Chemical risks which encompass compounds that have the probability of causing harm. Physical risks which entail heights, noise, radiation, and force, all of which can cause harm to a worker without even touching them. Psychosocial hazards are those encompassing aspects that have the potential to adversely affect a worker’s mental health or welfare. Sexual harassment, victimization, stress, and violence in the workplace are just a few instances.
2.5.3 Control Risks
The danger of financial records being materially incorrectly stated as a consequence of an internal corporate controls malfunctioning is referred to as control risk (Belás et al., 2014). While there are substantial control breaches, PepsiCo is more likely to have unrecorded capital deficits, which implies that its financial statements may indicate a profit when there is really a loss. The management of a corporation is responsible for establishing, implementing, and maintaining a system of controls that effectively prevents asset loss. Sustaining a strong control system is challenging since it must be changed on a regular basis to suit ongoing changes in business operations as well as entirely new commercial activity. Managers may also actively avoid implementing some controls because they are too expensive to maintain or interfere with the smooth operation of customer-facing transactions.
2.5.4 Opportunity riskOpportunity risk is a type of risk connected with a loss that results from the unchangeable utilization of resources for a new opportunity, which prevents them from being utilized in the case of a superior chance (Ivascu & Cioca, 2014). It is crucial to grasp the meaning of the word “opportunity.” Due to a misunderstanding of the term, most people only think about it in a negative light and describe opportunity risk management as preventing of terrible things from happening. As a consequence, a slew of organizations around the world have sprung up to promote awareness of the fact that risk can have both positive and negative consequences. By concentrating on the negative aspects of risk, businesses may miss out on opportunities that could lead to major corporate innovation and new competitive advantages. PepsiCo is expanding its healthier snack and beverage range throughout Europe, vowing to decrease artificial sweeteners in its portfolio of brands by 25% by 2025 and 50% by 2030. Nibbles will also get a transformation, with popped corn treats proving popular, and new green tea alternatives, and other sugar-free beverages with unique tastes, will be offered. Within next four years, healthy munchies are expected to be the firm’s fastest-growing food segment, with a goal of increasing to a $1 billion portfolio by the turn of the decade. 1990 is remembered for confetti cake, grunge vocal music, weekend sitcoms, and PepsiCo, Inc. (NASDAQ: PEP)’s foray into the world of crystal drinks. The massive debut of PepsiCo, Inc. (NASDAQ: PEP) Crystal had a life span of only a few years (Lin et al., 2018). Pepsi Crystal was marketed as a cure-all for stomach problems, although it lacked the necessary therapeutic capabilities. The flavor profile was likewise uninspiring. Consumer discontent, politics, unscrupulous rivalry, and a dash of corporate interference wrought havoc on PepsiCo, Inc.’s (NASDAQ: PEP) Crystal debut, shattering the Pepsi Co. The cost was so high that the company could not afford to undertake another business for a long time. The economic loss may not have been in the billions, but the repercussions of a lack of reputation were far-reaching.
3. Risk management plan
Risk management is a technique that assists businesses in reducing risks associated with attaining their objectives. Effective risk and opportunity management both offer value to an organization (Singh and Gaur, 2021). The concept of opportunity management is comparable to that of risk management. Comprehensive risk and opportunity management is gradually being recognized as a competitive differentiator that may help firms succeed even in challenging economic times. Managing opportunities entails cultivating an environment conducive to innovation.3.1 Control measuresActions made in reaction to a risk factor which has the possibility to trigger an accident or injury in the workplace are known as risk control measures. Control measures can be developed to either minimize or eliminate hazards, with the latter option clearly being desired. Manage measures are organized in a hierarchical order, with every step getting done through and applied to control and minimize the risk. For the case of compliance risk, PepsiCo, one of the control measures that the organization can use is understanding the latest enforcement policies. Data security, export restrictions, and anti-corruption legislation are all common areas where compliance problems exist. The firm must ensure that it comprehend the obligations set by all applicable regulations and laws as part of the risk analysis. Nevertheless, it is critical for PepsiCo to stay current with the newest guidelines and compliance rules issued by enforcers, as prosecutors have extensive discretion in deciding whether or not to charge misbehaviour. If difficulties arise, doing this might be quite useful because the company will have been capable to alter its compliance program to qualifying for leniency. After ensuring that the organization up to date with the latest regulations, the organization can couple this by building a culture of ethics compliance within the organization to reduce the chances of falling into compliance risks. In terms of hazard risks, the government can make it mandatory for workers to user personal protective equipment to minimize the risk if it does takes place. Gloves, spectacles, ear plugs, aprons, safety boots, and dust masks are examples of personal protection equipment (PPE) that are meant to decrease exposure to hazardous substances. PPE is typically considered the last line of defence, and it is typically employed in combination with one or even more additional control measures. In the case of control risks, the organization’s anti-corruption programs must handle accounting and record-keeping in the light of their specific risk exposure. Further, practical protections ought to be developed to reduce the possibility of accounting information and record-keeping being abused for dishonest purposes, such as: All transactions, resources, and obligations ought to be accurate and credible when they are recorded in the firm’s books and accounts, with sufficient detail and authentic documentation. Only the firm’s official books must be used to document every transaction. Slush funds and other off-the-books accounts ought to be forbidden. Transactions, resources, and obligations must all be documented in a timely and sequential manner. When it comes to opportunity risks, the organization can control the risk by engaging in the business ventures strategically. The organization can develop products that are only required by the consumers and sell the product before its creation.
3.2 Corrective actionsOne of the corrective actions towards business risk is the transfer of risk approach. Risk transfer, also known as risk sharing, allows businesses to shift the effect of a negative outcome among multiple stakeholders. This may be in the form of business associates or employees, an outsourced company, or the purchase of an insurance plan. Risks that are improbable to materialize and may have a significant financial consequence are best shared (Cavusgil et al., 2020).
One can also adopt a strategy for reducing risk. Risk reduction entails taking steps to reduce the likelihood and severity of a risk occurrence. The goal is to bring the risk down to a manageable level, which is frequently referred to as a residual risk level. When practical and financially viable, many organizations should aim to limit risk. To minimize the worst risks, you may, for instance, implement additional safety measures, tighten internal controls, or diversify company activities. In the case of hazard risks, PepsiCo can correct the risks by the use of engineering controls. Engineering controls, like equipment guards, closeness guarding, evacuation systems, or relocating the user to a remote position away from the hazard, include modifying a process to establish a boundary between the individual and the hazard or eliminate the dangers from the people.
Acceptance of risk is another corrective action. Accepting the risk essentially takes no steps to reduce its severity and likelihood (Saglam, Çankaya, and Sezen, 2020). This ‘do nothing’ strategy recognizes that some amount of loss is inevitable – typically the sort of loss that can be easily assimilated inside the company, at least initially. Nevertheless, if risk occurrences happen on a routine basis, business disruption and the expenses associated with managing it would almost certainly increase. It’s critical to weigh risk retention alternatives against other potential mitigation strategies in order to find a long-term solution.
3.3 Record keeping and review frequenciesThe success of managing risk, which prioritizes and recognizes hazards throughout an organization, determines the strength and efficiency of a record-keeping system. The recognition of relevant information is enabled by assigning the recognized risks into an organizational directory or a file plan architecture, which guarantees that the validity and security of electronic documents are managed (Zivania et al., 2014). From a risk aspect, documentation is required to establish that an organization has handled itself appropriately, as risk is related with avoiding or eliminating impediments to success. It is indeed impossible to verify that something occurred if nothing is recorded. Because of its ambiguity, weakness, and folk’s predisposition to recall things that never occurred, depending on human memory is risky (Ngoepe, 2014). This can result in records and information management hazards, which are defined as any risk to the company resulting from poor records management.
4.0 SummaryHazard risks, compliance risks, control risks, and opportunity risks are the four types of risks discussed in the paper, each of which has a different result. The first category, hazard risks, can only have a harmful consequence if they happen, thus the goal is to prevent or limit these disruptions from occurring. PepsiCo must learn to handle these risks up to a specific extent. The acceptance of shoplifting, as an illustration of varied tolerance levels for hazardous risks, might range between various retail establishments. Control risks are defined as risks with a level of uncertainty in the results. For instance, there is always some element of uncertainty in various types of projects. A good example is the Pepsi Crystal product that failed during the 90s. PepsiCo ought to be careful with future product innovations as they have the potential to completely destroy the reputation of the organization. There must be a clear consistency between the intended outcome and the results achieved in order to manage control risks. There are various strategies that can be adopted to mitigate the risks should they occur. Control measures can be put in place to prevent the risk from happening while corrective measures can be implemented as a means of reducing the extent of the impact should a risk occur.
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Pragmatics The Heart of Communication
What do you understand by the phrase pragmatics of communication?
1a) Pragmatics: The Heart of Communication
Communication is part of every living being, from human to animals each have they own way of communicating. Mankind mostly communicates through speech with each other, but on many occasions speech will be less meaningful and the body language and attitude of the communicator would hold more meaning or may mean something different altogether. The explanation of speech acts involves the manner in which the speaker makes use of an utterance with some definite objectives in mind, and the manner in which the listener is affected by the utterance in a particular situation. To illustrate, the speaker may be indirect (e.g., “That book should not be on the floor”) or direct (e.g., “Pick up the book”). With regard to speech acts, Sonnenmeier, Duchan and Hewitt (1994) argue that “language is obtained by children to affect the world – so that they can express their personal intentions and make others listen and respond to those intentions.” Similarly, Wilson, Muller and Guendoui (2008) assert that “the advancement of intention and its expression is the keystone of the linguistic and cognitive maturation.” The classification policies differ while attempting to control the development of speech acts (impaired as well as the typical). According to Justice and Pence (2008), “The communicative functions or the speech acts are the pragmatic building blocks. In the pragmatic behaviour, speech acts play a very significant role.
2.
In the case of Nikkyta, the propensity to be “loud” in the typical style of the African-American interaction is mainly seen when ‘cappin’, ‘dissin’, ‘snappin’ and ‘rappin’ (i.e., verbal jousts) exist. The pattern of the call/response is illustrated by a continuous disagreement or interruption of confirmation (backward and forward understanding of interest and attention in the subject matter), whereas her sucking of her teeth shows her disgust to responding (Rickford & Rickford, 2000; Green, 2002). The narrative style of Nikkyta reveals a topic associative style of the oral tradition of theAfrican-American communication (Burns, 2004) when stories are generated.
Kayla (K) (standing in front of the African-American visitor rolls her neck around)
Yasmine (Y): Hello your name please?
K (still rolling her neck, studies the adult for sometime)
Y: What’s going on?Have you got yourself new specs? Didn’t see you with that before.
K: Your specs are similar to mine.
Yes, you are right.
K: My specs suit me well (emphasising the word ‘me’, she rolls her neck again and walks away) (Hyter, 2005)
Kayla performsa non-verbal speech act in the first and third lines of this conversation when she moves her neck and head (rolling the neck), giving a sign of disgust or signalling to get off (Green, 2002).
In the seventh line, Kayla uses’ signifying’, i.e., an earlier version of the AAE speech act which is an indirect verbal insult (Green, 2002; Smitherman, 1999). When Kayla interacts with others (e.g., with her teacher’s aide, or a classroom teacher, or a graduate in Pathology Speech Language – all Caucasians), the pattern of communication is different and appears to be an expression of the skill to code-switch – needing perspective taking – and efficient utilisation of the rules of the AAE interactions.
Children that suffer from pragmatic language disorder are unable to code-switch, because code switching needs the ability to deduce the mind set (or linguistic knowledge/world) of others. Furthermore, children with pragmatic impairment may not be imaginative while using the slight offense.
Kayla was rude and even insulted Yasmine by stressing on the word “me”, when she says my spectacles make “me” look beautiful, stressing on the word me, communicated to Yasmine that her spectacles didn’t make her look nice. Her neck roll and her and the way she watched Yasmine and after giving brisk answer she walked away at once without saying goodbye or farewell also clearly communicates the fact to us that Kayla did not like the conversation with Yasmine2 Newspaper Article
Two cases of abortion occurred in Birmingham and Manchester, the UK, where abortion is a crime and renders those involved in it liable to prosecution (BBC News). Yet, as the very first sentence of the DPP makes it clear, it was decided not to prosecute the two doctors for the gender based abortions, indicating that there were some doubts about the incident, or the evidences were insufficient. Thus, the fact that the two doctors were left unpunished for something regarded as a crime by the law proves that there was a lack of certainty.
However, KeirStarmer, the QC, said that the evidence was enough to prosecute the two doctors, but it was not in the public interest to do so while a health regulator inquiry was still on. This statement shows the different views of the government bodies on the issue. The fact that even the MPs have begun to engage in a debate over the issue shows that there are divisions among the politicians as well. As many as 50 politicians have decided to file a complaint against the decision taken against the provisions of the Abortion Act. The incident caused a furore; Jeremy Hunt called for immediate clarification and Mr Starmer promised to make the details public.
However, Mr Stramer later wrote to the Attorney General saying that the case was not clear. This proves that he was under pressure to make his statement promising to make the details public because of the opposition, though he really didn’t believe that the case had enough merit. He clearly states that the case can be brought to the court but does not have enough evidence for prosecution.
In a further sentence, he displays his joy by saying, “I am glad”. He adds that it is not just gender specific abortions that are not banned in the UK, but all sorts of abortion. This is another sentence proving that the prosecution of these two doctors would have been difficult. Moreover, abortions are allowed on certain grounds, e.g., if the risk to the mother as a result of pregnancy is high.
Mr Stramer in the second last paragraph gives warning to other doctors that they are not to believe that abortion in future would go unpunished. He states this by saying that the result of this hearing does not mean that abortion will go unpunished in the future. Though he does not directly warn or threaten action on any doctors in the future, but indirectly the words chosen by him, is of a warning to other doctors that abortion is still illegal and if done they would not escape punishment.
2. Deely’s definition of object, sign and thing
Object
In common sense objects stands for material things which can be seen and touched. A building is an object; so is a car, table, and so on. All these material things are known as objects in the common language. However, in the common language, objects can be unseen as well, like an unseen issue turning to be an object of a certain decision. For example,an athlete’s failure may turn out to be the object of another athlete’s bid to succeed; sickness may become an object of cleaning the environment, and so on. According to Deely, an object is seen to have a greater intent and depth, as if capturing the sense of a person looking at an object so intently that the object begins to have an impact on the very being of the person, who begins behaving as if possessed by the object. According to Deely, the knower becomes dependent on the object and the relationship between them does not remain that of efficient casualty, but rather becomes one of extrinsic formal causality. Deely further, states that knowledge depends on the object known by the objective causality, since knowledge here becomes ad-judicable as true or false.
Signs
In the common language, a sign generally means a certain signal that gives an indication of something about to happen. It further means to make a gesture or do an action for another person to understand, e.g., placing one’s finger on the lips is a sign which means keeping quiet. Similarly, nodding the head may mean to warn someone not to do something or show one’s disapproval of something or someone. An X sign with a skeleton head in between is sign of danger; this sign is very common and is put on places that can be dangerous to a person’s life. Anyone who sees this sign will know that there is some sort of danger in that place and they should avoid going there. A sign of an arrow pointing to certain direction gives us an idea of where we are supposed to go.While travelling, we find many of these arrow signs on the main road, or near offices or malls, that give us directions. Thus, a sign gives us a certain understanding about a particular situation. Deely defines signs in a greater depth as something connected with the psychology of the human being. He points out that communication among the mankind is dependent on signs, since the mind of a human being displays independent objects in accordance with a certain sign. Signs can be verbal as well as non-verbal. They display mind-dependent as well as mind independent objects, i.e. the objects that are true to us as well as those that are true in general. As Deely illustrates, if someone finds a bone of a dinosaur in their compound that would be a sign that a dinosaur existed at a certain time in the past. However, in the common language, this would not be counted as a sign, but rather as a proof that a dinosaur existed at a certain time in the past and was probably buried at that place or was brought there with soil erosion. In the common language, signs are not objects in any sense and are particularly unstable.
Thing
In the common language, the term’ thing’ is generally used when a person does not want to name a particular object, e.g., “I don’t want that thing (table) in the house; it is broken and causing a nuisance.” Further, a thing in the common language is a non-living object, like a painting, chair or table. According to Deely a thing is a picture of the real thing, like a painting is the image of the thing or person painted. A thing is dependent on the object; if the object is non-existent then the thing is non-existent as well.
References
Burns, F. A. (2004) Elicited and open-ended narratives in African American children. UMI 3152676 Dissertation, Proquest Information and Learning Company.
Campbell, L. R. (1996) Issues in service delivery to African American children. In: A. G. Kamhi, K. E. Pollock & J. L. Harris (Eds.) Communication Development and Disorders in African American Children: Research, Assessment and Intervention. Baltimore, MD: Paul H. Brookes Publishing Co, pp.73-97.
Duchan, J., Hewitt, L. &Sonnenmeier, R. M. (1994) Pragmatics: From theory to practice. Englewood Cliffs, New Jersey: Prentice Hall, Inc.
Garrett, D. M. (1996) Discourse cohesion and literacy development in suburban male and female African American children.Unpublished doctoral dissertation.Howard University, Washington, D. C.
Green, L. J. (2002) African American English: A linguistic introduction. Cambridge: Cambridge University Press.
Hyter, Y. D. (2005) Unpublished transcript of signifying.
Kasambira, D. C. F. (2008) Communicative functions of preschoolers and their mothers across cultures and socioeconomic status.Unpublished doctoral dissertation.University of North Carolina at Chapel Hill, Chapel Hill, NC.
Kayser, H. (1989) Speech and language assessment of Spanish-English speaking children.Language, Speech and Hearing Services in Schools, 20(3), 226–244.
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McGregor, K. K., Williams, D., Hearst, S. & Johnson, A. C. (1997) The use of contrastive analysis in distinguishing difference from disorder: A tutorial. American Journal of Speech-Language Pathology, 6(3), 45–56.
Müller, N., Guendoui, J. A. & Wilson, B. (2008) Discourse analysis and communication impairment. In: M. J. Ball, M. R. Perkins, N. Müller & S. Howard (Eds.) TheHandbook of Clinical Linguistics. Malden, MA: Blackwell Publishing, pp.3-31.
Paul, R. &Norbury, C. F. (2012) Language Disorders from Infancy through Adolescence: Listening, speaking, reading, writing, and communication. (4th ed.). St. Louis, MO: Elsevier.
Pence, K. & Justice, L. M. (2008) Language Development from Theory to Practice. Upper Saddle River, New Jersey: Pearson-Merrill Prentice Hall.
Rickford, J. R. &Rickford, R. J. (2000) Spoken Soul. New York: Wiley & Sons, Inc.
BBC News UK 7 October 2013Last updated at 12:23 GMT
APPENDIX
The Director of Public Prosecutions said that it was “right” not to charge the two doctors over the claims that they offered to arrange abortions based on gender.The doctors from Birmingham and Manchester were referred to the prosecutors after a Daily Telegraph investigation.KeirStarmer QC said that there was just “sufficient evidence” to prosecute but it was not in the public interest and a health regulator inquiry was going on.
MPs are due to debate the policy on the prosecution of abortion offences later.In the wake of the decision, 50 politicians signed a letter to the Daily Telegraph to complain that offences against the Abortion Act were not being pursued. The Attorney General, Dominic Grieve, will respond to their concerns in the Commons.Last month, Mr Starmer said that he would make the detailed reasons public after the Health Secretary Jeremy Hunt called for “urgent clarification” on the Crown Prosecution Service decision.The CPS has published the details for its decision and, in a letter to the Attorney General, Mr Starmer said that the cases were “by no means clear cut”.
He said: “Although there is sufficient evidence to bring such a prosecution, that is a very narrow basis for a prosecution and the evidence is not strong… I appreciate that others may disagree with the decision arrived at in this case, but I am content that the decision not to prosecute on the facts in these cases was the right decision.”Mr Starmer said that the law did not expressly ban gender-specific abortions, although it did prohibit any abortion carried out without two medical practitioners deciding that the health risks of continuing with a pregnancy outweighed those of termination.
“On the facts of these cases, it would not be possible to prove that either of the doctors authorised an abortion on gender-specific grounds alone…The only basis for a prosecution would be that, although we could not prove that these doctors authorised a gender-specific abortion, they did not carry out a sufficiently robust assessment of the risks.”Both the doctors had been referred to the General Medical Council and had conditions imposed on their registration.
“Having consulted the GMC, I am clear that the council will investigate these cases,” Mr Starmer said.”On the facts of these two cases, it is arguably more appropriate for a professional disciplinary body to evaluate the proper approach that doctors should take… than it is for a criminal court.”Mr Starmer added, “The outcome in these cases should not be taken as an indication that the criminal proceedings will not be brought where an abortion is procured ongender-specific grounds. These cases have been considered on their individual facts and merits.”
Mr Grieve said that he was satisfied that the decision not to prosecute had been made “properly and conscientiously”.”This was a difficult decision, and different prosecutors might have come to different conclusions, but it is not for me to say whether it is the right or wrong decision,” he said.”It is for the DPP to make his decisions independently and based on the individual facts of the matter…”
Table-1
Table 1Listing of Information Security Programs for Applicant Essays
You may need to scroll to the right to see all five columns in this table.
Organization Website Strategic Plan Information Security Program Program Evaluation Report
Department of Health and Human Services http://www.dhhs.govhttp://www.hhs.gov/secretary/about/priorities/priorities.htmlhttp://www.hhs.gov/ocio/policy/index.html#Securityhttp://www.gao.gov/new.items/d06267.pdfDepartment of Veterans Affairs http://www.va.govhttp://www.va.gov/op3/Docs/StrategicPlanning/VA_2010_2014_Strategic_Plan.pdfhttp://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=56http://www.gao.gov/new.items/d10727t.pdfInternal Revenue Service http://www.irs.govhttp://www.irs.gov/pub/irs-pdf/p3744.pdfhttp://www.irs.gov/irm/part10/index.htmlhttp://www.gao.gov/new.items/d10355.pdfNational Aeronautics and Space Administration http://www.nasa.govhttp://www.nasa.gov/pdf/516579main_NASA2011StrategicPlan.pdfhttp://www.nasa.gov/offices/ocio/itsecurity/http://www.gao.gov/new.items/d104.pdfState of Maryland http://www.maryland.govhttp://www.statestat.maryland.gov/gdu.asphttp://doit.maryland.gov/support/Documents/security_guidelines/DoITSecurityPolicy.pdfhttp://www.ola.state.md.us/Reports/Fiscal%20Compliance/DoIT09.pdfUniversity of Nebraska Medical Center http://www.unmc.eduhttp://www.unmc.edu/wwwdocs/strategic-plan_06-10_v3-brochure1.pdfhttp://www.unmc.edu/its/docs/UNMCInformationSecurityPlan-Sept2010.pdfAudit report not available. Usehttp://www.gao.gov/new.items/d10361.pdf
