Post on 26-Dec-2015
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Tbilisi, 12 November 2014
Developing Regulatory Impact AssessmentIn Georgia
Context and justification of a RIA scheme
Charles-Henri Montin, Smart Regulation Consultant
Former Senior Regulatory Expert, Ministry of finance, France
Adviser, Ministry for State Reform, Lebanon
http://smartregulation.net
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The three ages of regulatory quality
Regulatory management
Due process
Consistent legally
Accessible
Inform stakeholders
RegulatoryReform (1995)
EffectiveEfficient
Competitive
Consult stakeholders
Regulatory governance
(2010)
Integrated objectives
Cycle approachIncl. M&E
Involve stakeholders
BR ≠ DeregulationBR = dynamic LT process acting on policies, institutions
and tools
GOOD BETTER SMART
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RIA at the centre of regulatory policies
United Kingdom
Better Regulation
Impact assessment
Regulatory Policy Committee
Publication
One-in, two-out
European Union
Smart Regulation
RIA
Impact assessment Board
France
Regulatory Quality
Evaluation préalable
Conseil d’Etat
Legistics
Constitutional basis for RIA
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The definition of RIA
Definition: “RIA is a systematic policy tool used to examine and measure the likely benefits, costs and effects of new or existing regulation”
Why is RIA important?– It introduces the evidence base into
the policy decision making – It can help establish whether
regulation is the best available means to address the policy objective
– It is a tool at the service of the general objectives of the national regulatory policy
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Benefits of RIA
Analytical tool– Provides a method to ask the right questions– Employs CBA and other quantification techniques to
check that proposed policy/regulation is• Effective• Efficient
Communication tool– Provides a means of informing decision makers of
alternatives in a rational manner free of ideology or bias
– Enhances transparency, accountability, credibility, trust, legitimacy
Learning tool– Sets a base line for ex post facto evaluations– Contributes to policy coherence
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Common challenges in implementing RIA
Related to the tool:– Problem identification (not the same as the
objectives)– Availability of data– “Proportionate analysis” (criteria, transparency)– Quantification (costs, and especially benefits)– Risk assessment
Related to the structure/process– Scope of application / selection of proposals– Governance of RIA, Quality control (oversight)– Presentation / Communication– Integrate RIA up-stream (early in decision-making)– Integrate RIA down-stream (“closing the loop”)– Administrative capacity, Training– Multi-level context– Trade-off political decision vs technical expertise
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OECD good practices (1)
1. Political commitment and endorsement at the highest levels
– Legal basis for RIA– Clear ministerial accountability
2. Allocate responsibilities for the RIA programme
– Operational responsibilities with the services
– Inter-service coordination– Central quality oversight
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OECD good practices (2)
3. Target and prioritise RIA efforts
– Scope of application / thresholds for when to do RIAs
– Sectoral impacts 4. Develop comprehensive guidelines
– Mandatory– Both on process and on technical aspects
5. Carry out sound analysis
– Strategies for data collection– Consistent but flexible methodologies
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OECD good practices (3)
6. Consultation / Transparency / Communication : publish RIAs
7. Training officials to build the right skills to produce RIAs
8. Apply RIA to both new and existing regulation
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Developing RIA practice step-by-step
The main steps for developing RIA practice:– Define national methodology using foreign
best practice– Build capacities in regulating agencies– Set up quality control mechanisms or
structures– Create training programme for RIA drafters– Launch pilot studies– Monitor for continuous improvement with
practice.
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Critical success factors for RIA structure
Clear objectives, legal basis, awareness Good process Training of RIA drafters Network of officials in ministries Review body for quality control Continuous learning (“learning by doing”,
iterative process)
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Conclusions
Impact assessment has developed over the last 20 years and is now a widely used tool; UK and EU currently have best practice models
It presents challenges to operate it meaningfully (integrate into decision making) but also a lot of knowledge has been shared and this can help build a national scheme.
Policy-makers naturally address the costs and benefits of political choices. RIA offers rigour by adding the quantitative assessment of all options, including non-regulatory.
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Relevance to Georgia
Do you perceive advantages to developing RIA in your country?
What could be the main obstacles to the introduction of RIA ?
Who would be likely to support the development of RIA in Georgia?
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To learn more about RIA (systemic issues)…
OECD “text-books”– “Building an institutional framework for RIA”– “A tool for policy coherence”
RIA governance (UK)– BR framework– UK Government RIA site ;
RIA guidelines (EU)– European Commission RIA site– Guidelines
France: “New RIA in France” (ppt)
All presentations on http://montin.com/tbilisi