There has been some comment and speculation as to what is to happen about regulating the investigative sector. It is common knowledge that recent revelations following the "Phone hacking" scandal that regulating investigation in the private sector is under review by more than one official body.

As may be expected the representative bodies have views on how such regulation should take shape. I know that some views vary but there does appear, at least on the face of it, a desire that some form of regulation be implemented.

As some of what has been written has been inaccurate, there is clearly some uncertainty as to what the current situation actually is. It may be helpful to set out how things stand.

Firstly some facts:

• The true number of investigators practising in the private sector is completely unknown.

• There is currently no register or statutory regulation of investigators in the UK private sector.

• The Security Industry Authority (SIA) was not abolished in the bonfire of the Quangos.

• It is likely that there will be some form of regulation/licensing/certification of investigators in the private sector before the end of 2013.

• It may not be in the form first envisaged by the SIA subsequent to the Private Security Industry Act, 2001.

• Any change to regulation would also need to be considered against the current moratorium on small business regulation.

• No decision has yet been made on whether this will extend to "in-house" investigators.

Prior to the News of the World scandal, it is fair to say that any political will for licensing had waned. Following the change in government, the SIA were tasked with setting up a new system of regulation, and that is what they were working towards. One favoured option was to register individual investigators and licence businesses. Competency testing of individuals was not mentioned.

In the light of recent events, the authorities, in the form of Lynne Featherstone, Home Office Minister with responsibility for the security industry, are reconsidering the position. No decision will be made until the following two government sponsored enquiries have made their recommendations:

• The Judicial Inquiry led by Lord Justice Leveson.

• The Home Affairs Select Committee Inquiry into Private Investigators. Written submissions close by 10th January 2012. Oral evidence will be heard in January 2012.

The Association of British Investigators, which is currently in the vanguard of the sector's efforts towards the formation of the Chartered Institute of Investigators, through the grant of a Royal Charter, has made written submissions, proposing a form of self-funding, self-regulation of the sector to both Inquiries and has been asked to provide oral evidence to the Home Affairs Committee, as have others.

The essence of the proposal is as follows:

• Training, leading to:

• Competency Assessment:

• Qualification: IQ (Industry Qualifications) QCF Level 3 in Professional Investigation.

• Vetting: To include checking references, CRB and financial probity.

• PII Insurance: Mandatory.

• Acceptance into membership: Entry onto public register.

• Regulation: Work to Codes of Ethics & Professional Standards and Bye-Laws. Under the supervision of an independent Discipline Chairman, continual periodic checks of financial probity, exposure to complaint investigation, disciplinary procedure and range of penalties from caution to expulsion. Annual membership renewal subject to current PII certificate, financial probity and CRB checks.

• Continual Professional Development.

The proposal to petition for Chartered Institute status goes beyond what the SIA envisaged and is designed to bring together the whole sector into a self-regulated profession. It is designed to be inclusive of all those practicing investigation in the private sector and who are willing to work towards achieving and be bound by its standards.