That was in 2003, I first confronted with the National Care Standard, currently known as Care Quality Commission (CQC) for registration process of my private practice.To set up a private practice, I was required to conform with the regulatory standards of NCS in addition to the regulations of General Medical Council and local government planning regulations. As such my mind programmed ‘regulations’ as enemy number one. Years later I realised that regulations are not as toxic as I thought.
Did you know that behind every product you use or every experience you have there is a complex web of regulations to ensure your safety, security and satisfaction? Recently we shocked to hear the tragic loss of five people who went to the bottom of Atlantic Ocean to view the sunken wreck of the ship Titanic. Three of them had several underwater adventurous trips as deep as 11 kilometres to the bottom of Mariana Trench in Pacific ocean. They were not concerned about a third party certification of the submarine Titan to travel down 3km.
When the implosion happened, the whole world was up in arms with the system of commercial trip of Oceangate charging £200000, without proper regulation. Stockton Rush, the CEO and the captain of the submarine had commented that regulations block explorations and were a waste of time. Now everyone will agree that had the extreme sport in this submarine been properly researched, the structure and functioning of the submarine regulated with certain safety standards, perhaps no one would have died, and the industry would have flourished.
In my previous blog on the development of Covid-19 vaccination, I had touched on the stringent regulation, to get the vaccination approved by FDA or MHRA. The procedures on regulation ensure the safety, security and satisfaction of the people who use the product. The advent of vaccination for Covid-19 put a stop on the alarming death rate. Regulations creep not only to the set up of a medical practice, care homes or hospitals but also to every walk of life. A small business owner needs to navigate a myriad of regulations on health and safety just to sell home made jams at the local farmers market. In our everyday life, from the quality of the air we breathe to protecting our personal data on-line, regulations form the building blocks of a civilised society. They dictate the safety standards of our daily routines, the boundaries of our freedoms, and the strides we take towards progress.
One stark unregulated international system is the operation of mercenaries. Recently we were bombarded with the news of an attempted coup of Pragozhi’s Wagner Group to topple Putin’s government in Russia. Wagner group consists of thousands of unregulated mercenaries who are not compliant with the rules and regulations of Russia or other countries they infiltrate or operate. Unregulated mercenaries cause devastating effect where-ever they operate. The mercenaries regularly violate human rights, topple legitimate governments, disregard peace in a country for profits, proliferate arms and deteriorates the economy through money laundering. You will be surprised to know that even successive popes in Vatican City has employed mercenaries called Swiss Guards for the past 500 years!
Unfortunately regulations also are capable of slowing down the economy of a country. When I went through the ordeal of rigorous registration process of NCS, I had a pleasant awakening that few doctors venture to set up a private practice competing mine owing to the tough regulatory process. This restricted competition in private practice and people have not had alternative to the NHS.The history of twentieth century shows that the impact of regulation on drugs of addiction, accelerated black market, drug trafficking and illicit drug usage. Extreme regulations on buy to let (BTL) industry caused, rent to go up or to the worst entrepreneurs selling their property and causing even more shortage for housing.
Having regulations, laws and bylaws are of no use if they are not enforced fairly. Therefore if the country has a weak and ineffective judicial system, or corruption is rampant in the country, having regulations are of no use. In recent earthquake in Turkey many buildings collapsed as they were built in the designated earthquake zone. Often repeated sinking of boats due to overcrowding and collapsing of building due to shoddy workmanship in third world countries are due to flouting of regulation and lack of enforcement.
Regulations, Laws and By-laws
Regulations are specific rules or requirements that are created by a regulatory body within the government to implement or enforce a law. Regulation are more specific and detailed than laws and are designed to provide guidance on how the law should be applied in a particular situation. . Laws are created by legislative body elected by the people from time to time which can be enforced by the judicial system. Regulations are passed by governing body such as legislative assembly.
By-laws are set of rules created by a company, association, club or private firm or municipality. By-laws are more specific and applies only to a particular locality, business or organisation. Private companies can prosecute someone who violates by-laws. By-laws are not discriminatory, the employers have the right to set standards for behaviour and appearance in the work place. It is interesting to note that bylaws on entry to sauna differ from country to country. In Japan, Sweden and Germany, sauna management allow users to enter sauna in birthday suits while in UK, Russia and France a towel ought to be taken, but in india, US, China and Middle East a swim wear ought to be put on.
Intriguing Facts about Laws and Regulations
Like laws, regulations differ from one country to another. If the laws of a country is not observed, the punishment could be very severe. For example in Middle East countries like Saudi Arabia, drinking alcohol is taboo, and one can end up in prison if someone drinks alcohol any where in the country. In civilised countries behaving disorderly in a public place after drinking alcohol is against law. In the UAE, foreigners are allowed to consume pork products while in Saudi Arabia it too is forbidden.
In Japan it is illegal to fly drones in densely populated areas. In France it is mandatory for drivers to carry a breathalyser in their vehicle, as alcohol consumption is a part of French culture. In Germany the recycling laws are very strict and householders must separate each category of waste and put in different containers. I remember airline announcement prior to landing in Changi Airport in Singapore asking passengers not to carry or use chewing gum whilst in Singapore. In South Korea, on-line games for under 16 years are banned. Canada restrict artificial trans-fat in any food products. Food labelling regulations are different from country to another. In most western countries public nudity is not illegal, but public sex is a different matter!
There are hundreds of similar captivating regulations in many countries depending on their culture, values and aesthetic sense. In recent innovations like Artificial Intelligence, yes the government should bring regulations. In my view the government is not bringing enough regulations on the excesses of corporate businesses for example, in their handling of customers phone calls by robots.
Dr.C.J.George FRCS
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