Regulation in History – Selected Highlights
History | Facts
Today, government considers the needs of all sections of society when
regulating. But for most of the UK’s history, legislation was designed
to protect a few vested interests.
Roman Britain
The Emperor Diocletian imposed rigid controls on the movement of
labour. Inflation was tackled (ineffectually) by detailed price legislation
concerning, amongst other things, duffel coats, rugs and beer |
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Saxon England
Edward the Confessor (1042-66) inherited the most extensive bureaucracy
in 11th century Europe, including a highly efficient system
for tax collection, with a complex assessment process. This
period
also saw the emergence of the royal Writ as a way of issuing orders. |
Medieval England
By the 13th century villages were required to maintain roads
and bridges, participate in juries, and mount watches to protect
life
and property. There were also by-laws controlling access to
land and the use of meadows. Additionally, each community had
to provide
one man for the army and pay his wages.
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In the next century, a statute of labourers introduced
a maximum wage for agricultural workers and prohibited the giving
of alms to able-bodied beggars. One clause read, "No-one is
to be paid at haymaking more than a penny a day…and reapers
of corn in the first week of August 2d and the second 3d." |
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Elizabethan England
Parliament introduced regulations which laid down the clothing
to be worn by different social ranks, classified as: knights,
squires,
yeomen, merchants, artisans and labourers who earned less than
40 shillings a year. |
Victorian Britain
The Victorian era saw the growth of the type of regulation to
protect individuals, particularly workers and the very young;
that we take
for granted today. At the turn of the 19th century many children
worked for over 16 hours a day under atrocious conditions,
alongside their parents. Legislation to regulate the hours
of workhouse children
in factories and cotton mills was passed as early as 1802,
but proved largely ineffective. Child labour was also to be
found in
the iron and coal mining industries (where children began work
at the age of five and generally died before they were 25),
gasworks, shipyards and, most notoriously, chimney-sweeping.
After political pressure, principally by Evangelical Christian
groups, the first Factory Act was passed by Parliament in 1833.
Under the terms of the new act, it became illegal for children
under nine to work in textile factories and children aged between
nine and thirteen could not be employed for more than eight hours
a day. However, children over thirteen could still work for up
to twelve hours a day.
To make sure this legislation was obeyed, the government appointed
four factory inspectors. The inspectors were soon complaining
that they were having great difficulty checking the ages of the
children working in the factories. Although factory children
had to obtain age certificates from local doctors it soon became
clear that this was not stopping children under nine from working
in textile factories.
By the end of the 19th century seven more factory acts had been
passed to offer adults and children more protection. Amongst
numerous reforms, employers were now obliged to make sure their
machinery was (relatively) safe, women had the right to four
weeks off work after giving birth, and the minimum age for child
workers had been raised from ten to eleven. All of these measures
were considered radical at the time. |
Modern day The 20th century undoubtedly saw an enormous increase
in the number and type of regulations issued by governments around
the world.
The historian Asa Briggs suggests that, in the UK at least, this
was for several reasons. There was the desire to make laws credible
and enforceable, which could involve deregulatory legislation, as
in the case of the Betting and Gaming Act. Humanitarianism was another
factor, illustrated by various measures, from the regulation necessary
to clear slum areas to the abolition of the death penalty in 1965.
The increase in the importance attached to egalitarian principles
can be seen, for instance, in the Equal Pay and Sex Discrimination
Acts of 1970 and 1975 respectively.
Finally, there was liberalisation - the freeing of people and
markets from unnecessary constraints – regulations introduced
to establish the European Single Market being good examples of
this type, as they have cut red tape across Europe.
This brings us to the most significant development affecting the
regulatory process during the last century, at least from a western
European perspective: European integration and the emergence of
supranational legislation. We have seen how modern employment rights
and health and safety at work regulation in the UK originated in
Parliament in the 19th century. Of course, the UK and the other
EU Member States still have their own regulations. But many of
today’s national regulations must comply with minimum standards
set by European law. For example, the length and organisation of
the average working week varies from one Member State to another.
However, a European directive adopted in 1993, limiting the maximum
working week to 48 hours and providing for four weeks per year
paid annual leave set common minimum rules.
Community directives, regulations and recommendations now cover
many more of the areas mentioned above. There is now a ban on child
labour for children aged under 15 and the regulation of labour
for 15-18 year olds, restricting the number of hours they may work,
night work and imposing compulsory rest periods. The European institutions
also uphold the principle of equal treatment for men and women,
and act where necessary. In 1997, the European Court of Justice
found France guilty of breaching European law in this respect.
The European Commission then asked the ECJ to impose a daily penalty
of 142,245 euros (around £84,400) on France for failing to
comply with the judgement, which the court did.
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