LEGAL VIEW
6 NOVEMBER 2021
LACK OF WASTE ON COP26 AGENDA IS A
‘CRITICAL OVERSIGHT’ SAYS CIWM PRESIDENT
The President of the Chartered Institution of Wastes
Management, Dr Adam Read, has called for global leaders
to recognise the crucial role that recycling and resource
management has to play in supporting decarbonisation,
branding the lack of ‘resources and waste’ representation in
the COP26 programme a ‘critical oversight’.
Taking place in Glasgow (31 Oct – 12 Nov), COP26 will
focus the world’s attention on the mechanisms and commitments needed for
delivering net zero worldwide and mitigating the rise in global temperature.
By collaborating across multiple sectors – including energy, finance and
transport – the event seeks to unify eŠ orts and promote opportunities between
governments, businesses and the public to enable the delivery of these highlevel
objectives.
However, despite waste and resource management being an integral
component in meeting global targets, Dr Read says the industry has been
“overlooked and le’ with no seat at the table”. He went on to say: “Whilst we
welcome the recent publication of the UK government’s net zero strategy and
recognise COP26 is a fantastic opportunity to get global, coordinated action on
climate change, the fact resources and waste has to all intents and purposes
been le’ oŠ the agenda has me completely stumped.
“In 2018, sector activities resulted in almost 50 million tonnes of CO2e
emissions being avoided across the economy – the equivalent to taking 10
million cars oŠ British roads.
“Creating a circular economy and a world beyond waste – where resource
eŠ iciency is maximised, the waste hierarchy adhered to, and our materials put
back to use – could reduce greenhouse gas emissions by 39 per cent. The fact
that the UN Climate Change Conference UK 2021 (COP26) hasn’t fully recognised
the integral part the resources and waste sector has to play in helping to reach
net zero targets, not just in the UK, but globally, is a critical oversight on their
part.”
In response to there being so little relating to the resources and waste agenda
on the oŠ icial COP26 programme, several ‘fringe’ events will be taking place in
and around Glasgow and the UK that are dedicated to raising the important role
that resources and waste have to play in any serious attempt to reduce the UK’s
GHG emissions.
THE OFFICE IS A BOOST FOR MENTAL
WELLBEING FINDS RESEARCH
New research from Nespresso Professional has revealed that the oƒ ice space is still
highly valued by employees, with oƒ ice workers naming seeing their colleagues
(39 per cent) as the thing they like most about being in the oƒ ice. While a proper
desk setup (31 per cent) comes in second, oƒ ice camaraderie (30 per cent) took the
third spot, showing the importance of the oƒ ice environment for team building and
relationships.
The research, which polled 1,750 oƒ ice workers from across the UK, delves into the
way employees have felt about the oƒ ice space and returning to the oƒ ice since the
pandemic, as well as exploring what they feel is most important about the oƒ ice space.
When it comes to going into the oƒ ice, more than half (56 per cent) of respondents
have returned to the oƒ ice regularly since restrictions have eased and 44 per cent
expect to work in the oƒ ice 2-3 days week, suggesting hybrid working will become the
norm for nearly half of UK workers.
Interestingly, the oƒ ice provides a space for greater productivity too, with more
respondents (35 per cent) saying they are more productive when working in the oƒ ice
than those who said they were more productive working from home (32 per cent).
Of those that said they were more productive in the oƒ ice, camaraderie and
collaboration was named as the reason behind this. Nearly half (46 per cent) said it
was because they could collaborate more easily with colleagues and more than a third
(34 per cent) said the team spirit of being in the oƒ ice gives them a boost.
Throughout the research, face-to-face interactions and colleague relationships
continued to emerge as a driver for heading into the oƒ ice. Six in 10 (61 per cent)
admitted that their colleagues are the best part about working in an oƒ ice, with a third
describing more than three of their work colleagues as proper friends.
HOW HAS TECHNOLOGY
CHANGED THE ROLE
OF THE FACILITIES
MANAGER?
By Ed Cooke, Founder at Conexus Law
Buildings have become much “smarter”. The convergence of
traditional real estate with technology is accelerating at great
pace, and most facilities managers will be witnessing the
opportunities, but also the demands and risks, that technology
presents.
Expectations of landlord and tenants are also becoming higher.
With so many technology options, the need to choose wisely
those options that will enhance value is more diffi cult. There
is the ongoing quest for energy effi ciency, and the need to
accurately report and account for energy use. What about the
adoption of technology solutions to support hybrid working
methods? All these pervasive issues result in technology being
key to the FM provider.
Moreover, the FM is often charged with procuring technology
solutions to meet these objectives, and then integrating,
operating and maintaining them. For the FM provider, upskilling
its team to deal with these new issues is a signifi cant challenge.
What additional risks does this present for the FM?
The FM may lead or contribute to the procurement of technology
systems. Technology procurement is always diffi cult. We work
with clients to resolve one of their biggest challenges which is to
accurately defi ne the desired performance outcomes – what do
they want to achieve by deploying technology?
It is important to understand the terms upon which a
technology solution is made available – usually a licence. But
to what extent does the vendor take responsibility through the
licence for achieving the desired performance outcomes?
Integration issues are also complex especially getting systems
from multiple vendors to “speak” to one another and the use
of APIs. From a legal perspective, understanding the conditions
upon which APIs are made available by one vendor to another is
important. In our experience, the FM should appoint a specialist
integration advisor, rather than relying on one of the system
manufacturers. Somebody independent should oversee the
integration exercise.
Numerous early-stage companies are developing novel
technology solutions. Understanding their ability to scale up
to meet requirements is critical. As will taking some form of
protection in the case of insolvency – for example, through
holding source code in escrow.
What about the data created?
Great care is required in relation to personal data which may be
collected by some technology, most likely data about people using
the building. You need to be clear what data is being collected
– whether or not you are using that data in your deployment of
the technology. You should be clear on who is processing what
data, for what purpose, and where that processing is happening.
Hybrid working models will likely require the collection of more
personal data to predict building usage and the like.
What about the FM and cyber-security?
Increasingly smart buildings can make an organisation
unwittingly vulnerable to cyber-attacks. A cyber-criminal
intent on causing fi nancial and/or reputational damage may
fi nd weaknesses, and therefore entry opportunities, in, say, the
physical security of a building, heating, air and ventilation, and
the lifts. This was easier for the FM to manage when buildings
systems were standalone and not connected to the internet. The
FM can fi nd themselves unwittingly responsible for managing
that risk and any outcomes. Liability can be complex and may lie
within areas managed or supplied by third party organisations.
Experienced legal counsel can ensure sound contractual
compliance.
ed@conexuslaw.com
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