"We cannot guarantee a risk-free
life."
Reasonable words, and good ones to hear from a world leader in an
era when many expect government to protect us from all harm.
But it isn't President Bush who's noting that government can't do
everything. It's British Prime Minister Tony Blair, who laid out
his new philosophy in a May 26 speech at University College in
London.
He called for a "sensible debate about risk in public
policymaking." Otherwise, he said, the British will continue down
the road toward an over-regulated life, and the result will be "a
plethora of rules, guidelines, responses to 'scandals' of one
nature or another that ends up having utterly perverse
consequences."
We in the United States are well aware of the dangers of being
over-regulated. Businesses labor under unnecessary federal
regulations, and litigious attorneys compel them to slap silly
warnings on virtually every product.
Consider the iron that warns, "Never iron clothes on the body." The
blow dryer that cautions, "Do not use while sleeping." The food
products that suggest you "unwrap before eating."
This attempt to avoid all risk explains why it's almost impossible
to get a hot cup of coffee these days, although every cup of tepid
coffee will warn you "this beverage is extremely hot." And it
explains a lot of unnecessary laws and regulations, including
Sarbanes-Oxley.
Slapped together in the wake of the Enron implosion, Sarbanes-Oxley
was supposed to protect American investors. Instead, it will end up
costing them billions.
For example, the average company has paid $4.36 million to comply
with the new accounting standards, far more than the $3.14 million
they'd expected to pay, according to a survey from the group
Financial Executives International. And the bill will only get
bigger.
An e-mail security company estimates businesses will shell out more
than $4 billion to archive e-mail (as required under
Sarbanes-Oxley) in 2009, up from $465 million now. These costs will
be passed on to shareholders and customers, so we'll all pay for
the "protection" the new law is supposed to provide.
And as Blair noted in his speech, "There is a delicious irony in
this [that] illustrates the unintended consequences of regulation.
Sarbanes-Oxley has provided a bonanza for accountants and auditors,
the very professions thought to be at fault in the original
scandals."
To make sure Britain doesn't eventually pass its own
Sarbanes-Oxley, Blair lays out some simple guidelines. "Instead of
the 'something must be done' cry that goes up every time there is a
problem or a 'scandal,'" he says, "we will reflect first and
regulate only after reflection."
Even more critically, Blair says he wants to start to roll back the
regulatory state, especially in the European Union. Britain is
about to assume the rotating presidency of the EU, so Blair will be
in a position to act. He says he'll work to make sure cost
assessments are finished before any new regulations are put into
place, and that he'll speak with business leaders before changing
any regulations.
"We also need a far more rational, balanced and intelligent debate
as to how 'risk' is debated. Not every 'scandal' requires a
regulatory response," he says, sensibly. Unfortunately, that
approach hasn't yet reached across the pond.
Back on Labor Day 2003, President George W. Bush announced, "We
have a responsibility that when somebody hurts, government has got
to move." But it's constant, knee-jerk movement that leads to
over-regulation and the government's over-involvement in our lives
-- even though, as Blair puts it, "government cannot eliminate all
risk."
Hopefully, the prime minister has started a debate that will
resonate not only in his country, but in the United States as well.
We already have plenty of rules. We need more common sense.
Ed
Feulner is president of the Heritage
Foundation.
COMMENTARY
The Risk of a "Risk-Free" Life
Jun 20, 2005 2 min read