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150 ways (and counting) that the nanny state is good for us

Originally published as Chapman, Simon (2013). One hundred and fifty ways the nanny state is good for us. The Conversation, 2 July.

Those who use the epithet “nanny state” almost always do it pejoratively. But everyone in public health knows how important so many of our laws, regulations and product safety standards are in protecting us from a vast array of life-ending and life-ruining consequences that remain all too common in nations with rudimentary or non-existent consumer protections and public health regulatory systems. I wrote this piece after sending an email to all staff in my school, inviting them to give me examples of such measures. I stopped at 150 but could easily have gone on for much longer. I’ve had many, many people thank me for writing this one.

In February 1985, the Age reported that at least three Australian children had been disembowelled in the previous two years after sitting on swimming pool skimmer-box covers shaped like children’s seats. Before the advent of mandatory shatterproof safety glass for showers, over the years many people suffered major lacerations and occasionally died after bathroom accidents. Before 2008, it was legal for fast-buck retailers to sell children’s nightwear that could easily catch fire: many children were hideously burnt and scarred for life. Random breath testing was first introduced in 1976, to the chagrin of the Australian Hotels Association.1 In New South Wales it was followed by “an immediate 90 percent decline in road deaths, which soon stabilized at a rate approximately 22 percent lower than the average for the previous six years”.

These are just four of many examples of changes to laws, regulations, mandatory product standards and public awareness campaigns that were introduced following lobbying from health advocates. With these, as with nearly every campaign to clip the wings of those with the primitive ethics of a cash register, there was protracted resistance. I was a board member of Choice magazine for 20 years and lost count of the number of times manufacturers staunchly resisted voluntarily making changes to their dangerous, ineffective or substandard products.

These bans and brakes on personal and commercial freedoms are routinely ridiculed as the interventionist screechings of that reviled harridan, the nanny state. And the cathedral of the anti-nanny state in Australia is the Institute of Public Affairs (IPA). One of its high priests is Tim Wilson, who pumps out an incontinent flow of the doctrine regularly on ABC’s The Drum and in numerous blogs and op-eds.

Similar attacks once rained down on Edwin Chadwick, the architect of the first Public Health Act in England in 1848. He proposed the first regulatory measures to control overcrowding, drinking-water quality, sewage disposal and building standards. After he was sacked for his trouble the Times gloated: “We prefer to take our chance with cholera and the rest than be bullied into health. There is nothing a man hates so much as being cleansed against his will, or having his floors swept, his walls whitewashed, his pet dung heaps cleared away.” And yet on the 150th anniversary of the Public Health Act a British Medical Journal poll saw his invention of civic hygiene, and all of its regulations, voted as the most significant advance in public health of all time.

In May this year, Wilson, Australia’s champion of contemporary pet-dung-heap rights, railed that “Nanny state critics understand that incremental attacks on our freedom to choose are single steps down a longer road to remove individual choice and responsibility.”2 He wrote of the “rising groundswell of Australians who are sick of increasing local, state and federal government regulations of their choices”; denied that people like him want to “selfishly put their wants above the safety and happiness of others”; and argued that we should all “learn to manage risk through our choices” and that it is not “the job of government to coddle us from the world’s evils, avoid risk and use taxes, laws and regulations to either steer or direct our behaviour”.

The IPA has academic pretentions and calls its associates “fellows”. But it has not the first idea about academic principles like funding transparency, and refuses to name its corporate sponsors (which include British American Tobacco3). It has an infamous list of 75 policies4 and institutions it would like to see abolished. These include the Australian Consumer and Competition Commission, the Australian National Preventive Health Agency, renewable energy targets, plain cigarette packaging and the alcopops taxes, and mandatory food labelling.

Those, like Wilson, opposed to state intervention in markets subscribe to often-unarticulated social Darwinist values that imply that those with the misfortune to be killed, injured or made chronically ill by their participation in untrammelled marketplaces had it coming to them. The unregulated marketplace and community is a kind of noble jungle where the fittest survive thanks to their better education and judgement in their consumer choices, and to their better ability to pay for superior, less dodgy products, to keep up repairs on their cars and homes, and to get employment in work that is not dangerous or toxic. Children living in poorer housing near busy roads in the leaded-petrol era had only their parents to blame for their lead-lowered IQs: they didn’t have to live there! When a toddler drowned in a backyard pool before mandatory pool fencing laws, it was the fault of the feckless parents for not being more vigilant, and nothing to do with the failure of government to mandate the cost of a fence as part of the cost of a pool. When kids ingested lead or other heavy metals from dodgy toys when these were legal, their parents should have just done their homework and not bought them.

Those who can’t keep up find their way into national health statistics, where, across almost every area of public health, the poor and less educated have higher rates of disease, injury, major disease risk factors and death.

Below is a big list of nanny state coddlings and protections that a profoundly ignorant Wilson would say are “rarely supported by credible research”.5 I stopped at 150 and could have doubled, tripled or even quadrupled the list. We don’t hear much from the IPA and its ilk on any of these because they are all immensely popular, taken-for-granted safeguards on our health, safety and quality of life. Other countries are climbing over themselves to emulate many of these as best practice. Australia is one of the healthiest nations on earth. The precious freedoms that they “erode” are almost always trivial, and the industries that were regulated (with some exceptions, like asbestos and hopefully tobacco) reluctantly rolled over and still make money, now from safer products and procedures. No one could care less that their “choice” to buy leaded petrol has been removed, or that women are being “coddled” by the criminalisation of domestic violence. Only the most rapacious libertarians swoon at the unregulated, let-it-rip free market that would wind back the clock of civil society many decades if unleashed by their ideology.

So, a public invitation to the IPA: which of these 150 heinous intrusions on people’s freedoms and the right to unbridled commerce does it wish to see abolished?6

Access to drugs 1 Drug scheduling
  2 Pharmaceutical Benefits Scheme
Access to healthcare 3 Compulsory third-party motor injury insurance
  4 Medicare
Alcohol control 5 Minimum legal drinking age
  6 Responsible serving of alcohol
Building standards 7 Balustrade and railing-height regulations
  8 Elevator standards and inspection requirements
  9 Fire-safety building regulations
  10 Floor-space provision to prevent overcrowding
  11 Mandatory smoke alarms
  12 Mandatory swimming pool fences
  13 Maximum water-temperature regulation
  14 Safety-glass standards
  15 Swimming pool skimmer-box standards
  16 Mandatory residual current devices (electricity)
Cancer control 17 Sunsmart regulations for schools and daycare centres
Child protection 18 Background checks for staff working with children
  19 Child pornography laws
  20 Mandatory reporting of child protection incidents
Congenital malformation
prevention
21 Folate fortification
Dental health 22 Fluoridation of water
Disability 23 Disability parking permits
Disease management 24 Mosquito control
  25 Cancer registries
Drug control 26 Pseudoephedrine pharmacy controls
  27 Regulation of illicit drugs
  28 Pharmaceutical drug regulation
Emergency services 29 24-hour emergency services phone lines
  30 24-hour poisons information service
Environmental health 31 Backyard burning controls
32 Burial standards
  33 Air-quality standards controlling industrial emissions into the air
  34 Controls on industrial discharges into rivers
  35 Emission controls on cars
  36 Lead in paint banned
  37 Lead in petrol banned
  38 Legionella control standards for cooling towers
  39 Petrol and diesel fuel standards (for emission controls)
  40 Planning regulations around open spaces
  41 Recycled water standards for reuse applications
  42 Septic-tank standards
  43 Sewage discharge standards
  44 Storm-water drainage
Farm safety 45 Tractor rollover harm reduction
Food safety 46 Abattoir standards
  47 Food-additive labelling
  48 Food-allergy labelling
  49 Food-handling standards
  50 Food standards (many)
  51 Regulation of genetically modified organisms
  52 Pasteurisation of milk
  53 Publication of the names of filthy restaurants
  54 Regulation of food additives
  55 Regulation of food-store refrigerator temperatures
Health promotion 56 Mandatory physical education in schools
  57 Mandatory school canteen standards
  58 Rights to breastfeed in public places
Infection control 59 “Blood rules” in sport
  60 Autoclaving of dental equipment
  61 Bans on public spitting, urination and defecation
  62 Chlorinated water supplies
  63 Dog faeces disposal
  64 Drinking-water quality A124 standards
  65 Immunisation standards and infrastructure
  66 Infection-control standards and protocols
  67 Legalisation of brothels
  68 Mandatory immunisation for healthcare workers
  69 Mandatory sewerage and sanitation in urban areas
  70 Notifiable disease laws
  71 Sex-worker health checks
  72 Sharps disposal and blood-borne virus controls
  73 Skin penetration legislation for hairdressers, dentists, tattooists and body piercing
  74 Veterinary and animal-husbandry standards
  75 Water standards in public swimming pools
Information control 76 Advertising standards
Mental health 77 Mental-health scheduling
Occupational health and safety 78 Workers’ compensation
79 Asbestos building ban
  80 Dust standards
  81 Hard hats
  82 Harness standards
  83 Noise standards
  84 Personal protective equipment regulations
  85 Scaffolding standards
  86 Smoke-free workplaces
  87 Asbestos removal standards
Product safety 88 Condom standards
  89 Controls and bans on the use of lead and other heavy metals in toys
  90 Myriad of standards, bans, recalls, etc
Professional standards 91 Standards for childcare facilities
92 Continuing medical education for medical professionals
  93 Licensing of healthcare facilities
  94 Medical and allied health-worker registration
  95 Nursing home regulation
Public amenity 96 Noise regulations
Public safety 97 Agricultural and industrial chemicals regulation
  98 Child-resistant cigarette lighters
  99 Child-resistant medical packaging
  100 Design rules for babies’ cots to reduce the risk of asphyxiation
  101 Dog licensing
  102 Engineering standards for roads and bridges
  103 Extraordinary powers under the Public Health Act to deal with emergencies
  104 Gun laws
  105 Hair-dryer standards to prevent bath electrocution
  106 Hazard reduction in children’s playgrounds
  107 Mandatory standards for children’s nightwear
  108 Registration and control of pesticide use
  109 Poisons Act
  110 Poisons labelling
  111 Quarantine Act
  112 Reduced ignition-propensity cigarettes
  113 Regulations around provision of footpaths
  114 Safety standards for fitness and leisure equipment
  115 Sunglasses standards
  116 Total fire bans
  117 Toy standards
Radiation control 118 Regulation of the carriage and transport of radiated material
  119 Dental X-ray equipment standards
  120 Sun-bed bans
  121 Uniformity in the control of radiation use
Road safety 122 Air bags in cars
  123 Mandatory bicycle helmets
  124 Double demerit points
  125 Drink-driving penalties
  126 Breath-alcohol ignition interlock devices for repeat drink-driving offenders
  127 Energy-absorbing steering columns
  128 Graduated driver licensing schemes
  129 Infant and child vehicle seat restraints
  130 Mandatory motorcycle helmets
  131 Motorcycle helmet standards
  132 Motor vehicle design standards
  133 Pedestrian crossings
  134 Provisional and learner drivers’ licensing
  135 Random breath testing
  136 Seatbelts in cars and school buses
  137 Speed limits
  138 Speed limits near schools
  139 Standards for medical assessment of fitness to drive
  140 Third brake lights on cars
  141 Traffic regulation in general
  142 Vehicle roadworthiness inspections
  143 Dedicated bicycle lanes
Tobacco control 144 Health warnings on tobacco products
  145 Outlawing “light” and “mild” descriptors on tobacco
  146 Plain packaging of tobacco
  147 Smoke-free public transport
  148 Bans on tobacco sales to minors
  149 Tobacco tax
Violence control 150 Criminalising domestic violence

1 http://bit.ly/2cLclD6.

2 Wilson 2013a.

3 http://bit.ly/2ciSu2h.

4 Roskam, Paterson and Berg 2012.

5 Wilson 2013b.

6 Links to more information about each of the 150 examples below can be found here in the original article: http://bit.ly/2cLcpCX.