Q&A: Marcial Boo on regulation, digital readiness, and leadership under pressure

Marcial Boo has led four UK regulators, worked in the heart of government, and now serves as Chief Executive of the Insolvency Practitioners Association and founding Chair of the Institute of Regulation.  

In our companion feature, Building better regulation, Boo discusses how the Institute is creating a profession of regulation in the UK. In this Q&A, drawn from the same interview, he reflects in his own words on digital transformation, public trust, AI, and the personal and professional demands of regulatory leadership. 

Also see: Building better regulation: A conversation with Marcial Boo

“You’re like a referee. Sometimes the ball is in or out, someone stays on or gets sent off.”

The Modern Regulator: Why do you care so much about compliance, rules, and democracy? 

Marcial Boo: There are some countries that are close to me where rules have been broken or they’re not complied with in quite the same way… and it has a massive impact on people – in terms of corruption or bribery or people who feel that they’re above the law. Obviously in some countries in Latin America there was military dictatorship when I was a child. I’ve seen the impact of lack of rights on people. 

TMR: What was the motivation behind founding the Institute of Regulation? 

MB: There was not a professional body in the UK for regulators. There was nowhere where regulators could go to learn and to find out about good practice and to improve their skills and to meet people doing similar things in different sectors. So in 2020, I proposed to a few people that we try to create a professional body… and in January 2021, five others volunteered to join a board with me to try to make it happen. 

TMR: What were the Institute’s founding goals? 

MB: We had three goals. The first was to build a community, so people who work in regulation don’t feel isolated… because it can be a lonely job overseeing a sector and taking decisions that impact people’s livelihoods. The second was to develop some training and learning pathways… and the third was to support improved understanding of what good regulation looks like. That’s more of a policy focus, but we put that third deliberately because we’re a membership organisation, not a think tank. 

TMR: Can you give some examples of how the IoR supports regulators in day-to-day work? 

MB: We have special interest groups – enforcement, policy, diversity, digital and data. One group brings together heads of digital from different regulators to share learning about how to use data to regulate more effectively. It’s a fast-moving world and this helps people learn from others who have implemented IT solutions in similar organisations. 

Another thing is our Jobs Forum. For example, an education regulator advertised a role, and someone from legal regulation applied. That broadens the pool of people who can work in specific roles.

We also provide moral support. I was talking to the chief executive of the regulator of veterinary surgeons. Like all regulatory bosses, she can be under fire. And she said the Institute is like a staff room – a place where you can say, “I had a really difficult lesson,” and someone understands. 

TMR: What do you see as the most pressing challenge for regulators today? 

MB: Professionalism – we need to raise our game. All our staff need to understand what regulation is. And technologically, there’s a massive challenge. Modern regulation means being data-driven… so we can focus our energies where the problems are, rather than treating everyone the same. 

TMR: Are regulators digitally ready? 

MB: Yes – but not fast enough. That would be my headline answer. All regulators are very aware of the challenge. Different regulators are taking different steps. It depends on what baseline they’re building from and how much money they’ve got. 

There are some big regulators working hard on this. Some smaller ones too. Four of them are part of the Digital Regulators Cooperation Forum. But all regulators have to engage. 

TMR: So what does digital readiness actually look like? 

MB: First of all, a good regulator is digitally enabled – an online interface, a single platform, ability for staff to use data and collate it in the same place. This is basic CRM/CMS systems. Then the next phase is to use data – to understand what kind of data you’re collecting, how to analyse it, how to deploy it. Then, of course, AI. Most regulators are in the first or second stage, not the third. 

TMR: How do you view the risks and opportunities of AI in regulation? 

MB: If you imagine a continuum – from things we know are safe to things we know are unsafe – there are two lines we as a society need to draw. The stuff we know is safe doesn’t need regulation. Some things are dangerous and need to be banned. And then there’s the stuff in the middle – safe under certain conditions – that we regulate. 

The question is: where does AI fit on that continuum? It’s not good or bad – it’s how it’s used. So the critical issue is for regulators to understand the use of AI in their sectors. AI in medical diagnostics is different to AI in finance or education. 

TMR: What can regulators do to build or maintain public trust? 

Trust takes years to build and can be lost in days. Regulators make decisions that some people won’t like. You’re like a referee. Sometimes the ball is in or out, someone stays on or gets sent off. The key is to base your decisions on evidence and the law, and explain them again and again. 

Don’t get involved in politics – but be politically aware. Be transparent. Be reasonable. You won’t be liked as a regulator. But if you’re respected, people might roll their eyes, even bad-mouth you, but they’ll accept your decision. 

TMR: What does good regulatory leadership look like? 

MB: It’s a lot of the same as leadership anywhere – listen to people, understand your brief, manage people, manage money, communicate well. But regulators especially need resilience. You’ll come under pressure – from politicians, the public, your staff. People will push you to make decisions a particular way. So you need a good team around you, and you need to stay focused. 

Also: don’t shoot from the hip. You need to base decisions on evidence, consult often, and understand consequences. Sometimes you need to move fast, like MHRA approving COVID vaccines. But often, taking your time to make a good decision is not a bad thing. 

TMR: What would a good regulator look like 10 years from now? 

MB: Ten years isn’t that long. But I’d like to see regulation thought about systemically, not piecemeal. Regulators collaborating. People seeing regulation as a profession, with learning and qualifications. Shared information. Less burden on those being regulated. A mechanism for withdrawing rules, not just adding them. And politicians understanding that regulation is neither good nor bad – it’s a tool. 

TMR: Who has inspired you in your career? 

MB: Michael Bichard. He was my boss at the Department for Education. A really outstanding public servant. I learned a massive amount from him. 

TMR: One book or publication that’s influenced your thinking? 

MB: The Economist magazine. I’ve subscribed for decades. It’s written beautifully clearly. It helps me learn about politics, business, technology – because none of us can be experts in everything. 

TMR: Something people might be surprised to learn about you? 

MB: I cycled around the coastline of the UK – about four and a half thousand miles. When I was younger. Not now.