Hi all, I'm not a legal bod so would welsome input paricularly from those who are. However, I did work for a Local Authority for many years and know how they are required to work when recommending external services.
The Forestry Commission is a public body (?) so is limited in ways similar to the Local Authorities .
A Local Authority simply cannot say that, for instance, if you are applying for planning permission to build a concrete box, then you MUST buy your concrete from a particular concrete provider. Even if they argue that they trust this provider and are certain it will give good quality concrete. If they were to insist, then other providers of concrete could say they were being excluded from the market.... so how does this relate to the BDS?
I am open to debate on this - obviously -
The BDS has set up the DSC's as a measure of 'quality' amongst stalkers, but there are other providers of similar certificates. When the Forestry Commission states that you MUST have the DSC to go onto their land then they are EXCLUDING other quality certificates. This creates a monopoly for the BDS.
I don't think that the Forestry can even argue that the DSC is a recognisable quality mark. The DSC was set up by the BDS in a self appointed role, and is managed by the BDS so that it generates income for them, it is simply one of their products. It is not an independently established quality mark such as the ISO standards. Accordingly, I do wonder that if there was an incident on Forestry land which led to legal action against them, and the Forestry tried to argue that they had discharged their health and safety requirements by insisting on people having a DSC, then they may have problems because the DSC is nothing more than a BDS 'standard' which is not established in law as being a good standard.
I can see that there may be need for a quality mark of some sort in stalking, but I think that it should be an independently established quality, set up so that independent companies can provide accreditiation and not be a money pot for the BDS. The monopoly the BDS has must end.
What do you think?????