Beware the regulation

The Herald editorial:

In themselves, the Government’s proposed amendments to the Fencing of Swimming Pools Act contain a reasonable degree of common sense. What can be wrong with changes that aim to reduce the risk of children drowning? And if the new law would mean even portable or inflatable pools need to be fenced off, isn’t it right to encourage parents to adopt best practice and empty them after each use?

The only problem is that the proposal is a further sign of a Government regulatory itch that is now of eczematous proportion.

A fair point.

Regulation appeals to governments because it is the easiest response to a problem. But each affects people’s freedom in some way. At their worst, regulations can also skew patterns of investment and the use of economic resources. That is why any government is right to question whether a planned restriction is strictly necessary. And if one is implemented, it should watch it in practice, not least for unintended consequences, and continue to ask if it is justified.

The Government should, therefore, be asking if changes to the swimming pool legislation are necessary when the most stringent fencing will not save young children from all potential water hazards. Many pools are, after all, not far from beaches or lakes, which cannot be barricaded in the way that private pools are meant to be.

Kids can drown in baths. Maybe we should require baths to be fenced off. Also maybe Councils should have to fence off all streams, rivers and lakes. And kids have been known to fall down drains, so perhaps we need to fence off all drains as well.