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Comment: Getting the right balance in regulation

Comment: Getting the right balance in regulation

Tuesday 24 April 2018

Comment: Getting the right balance in regulation

Tuesday 24 April 2018


From parking tickets at 03:00 to nail clippers being confiscated at the airport, Express columnist Advocate Olaf Blakeley has been frustrated by what he sees as pointless regulations.

"In a world in which millions of people have to live and work side-by-side, regulation of all forms is necessary in order to prevent complete meltdown and chaos. I accept this; but I’m not a fan. I have never been a person who particularly lives in harmony with authority, but I put up with it.

"On most occasions I don’t notice it; for instance, having to pay for parking in a carpark, or not being able to walk up and down King Street naked. But so many of the rules and constraints are prohibitions on things I don’t wish to do, and therefore whether there is regulatory control or not, makes no difference whatsoever to me.

"The regulation I find hard to accept, and which does awaken the rebel in me, is that which is ridiculous or poorly thought out. Rules restricting my freedom, which cannot be explained by those who have imposed them, cause me yet more unease and frustration. 

"It may simply be a sign of me getting older and – I’m willing to admit this – grumpier. I find myself questioning more and worse, complaining a lot more. Let me give you this example of stupid control: as you pass through Jersey Airport security to board a flight you are not permitted to bring through any sharp objects. We know this and we accept it. Most would agree with the regulation.

airport_security_scanner.jpg

Pictured: There is sometimes an unnecessary level of control at Airport security, says Advocate Olaf Blakeley.

"Sometimes however, the level of control is unnecessary. So, for instance you are not allowed to bring through security a pair of nail clippers. Why? I suspect it is because they could be used – or so it is thought by the security personnel - as a lethal weapon. Really? The same applies to a disposable razor.

"But, even if we accept this definition of ‘weapon’ what happens when you actually pass through security ‘clean’? You get to the airport restaurant/café… and then what? I noticed recently it's now been changed, but there used to be, on each table, a stainless steel cylindrical pot FULL of metal knives and forks! I mean, who in their right mind thinks that the control at security, whereby your nail clippers are confiscated, means the ‘threat’ you posed has been removed? And what about the glasses and bottles that can be obtained airside?

"A few years ago there used to be notices on JMT buses around the island that read, “cans of drink and/or food snacks cannot be consumed on this bus.” The passenger with his cheeseburger and can of lemonade was prevented from enjoying it on his journey home. However, those who wished to settle down to a glass of crisp, cold Chardonnay, and a beef wellington with mustard, seemingly were able to do so. Airports (again) have a constant announcement: “children are not permitted to ride on luggage trolleys;” no, but I, as an adult (?) can.

Parking notice 

Pictured: A parking ticket at 03:00? Really? 

"I would like to see an Island (and world in general) in which regulation is better thought out, and not so restrictive. I want regulation to be more flexible. For instance, I do not wish to return to my car outside my law office at 03:00 - 15 minutes after having parked it - to unload boxes of files for a trial I was starting that day, and on which I had been working late into the small hours at home, to find a parking ticket (this happened). What on earth was going through the mind of the person who decided to give me a ticket? The boot of my car was wide open…surely it was obvious what was happening and a little discretion may be appropriate?

"The real reasons for writing this piece was twofold: firstly, I have recently been in Singapore which is known as ‘fine city:’ so many acts you would think innocuous are prohibited, and are policed with fines. Chew gum on the metro and you will be fined; suck on a mint and the same result occurs. So, I am getting ‘stuff’ off my chest.

"More importantly, I read recently in Express an article about the JFSC and the manner in which it regulates the finance industry and, by large, I agree with the sentiments expressed in that article. I wish to pen my views and opinions on the subject (I have a lot) because I think it is an area of island legislation/control which needs reform.

"So, this article is a preamble to next month’s edition in which I wish to put forward my views if, for nothing else, to simply spur thought and hopefully reflection and debate."

Read more from Advocate Olaf Blakeley in each month's Connect magazine advisor column. Click for the latest edition.

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