Post on 02-Jan-2016
C.H. Montin, Tbilisi 11
Tbilisi, 13 November 2014
Developing Regulatory Impact AssessmentIn Georgia
Public Consultation as an integral part of RIA
Charles-Henri Montin, Smart Regulation Consultant
Former Senior Regulatory Expert,
Ministry of economy and finance, Paris
http://smartregulation.net
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Contents
Definitions The three forms of communication What topics? Why consult? Who to consult? When? Channels A step-by-step approach Lessons from experience
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Consulting at start of the regulatory process
“Departments are responsible for identifying interested and affected parties, and for providing them with opportunities to take part in open, meaningful, and balanced consultations at all stages of the regulatory process. “ (Canada)
Publication of proposals in the Official Gazette to allow for comments, and take comments into consideration
Standard comment period: 30 days, but it can vary based on legislative requirements, international obligations, and other considerations. 75 days at least for proposals for new and changed technical regulations that may affect international trade.
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What activities constitute consultation
inform and engage citizens on the nature and implications of the public policy issue based on available evidence, science, or knowledge; include citizens in developing policy objectives;
set out the process and timelines in a clear manner so that affected parties can organize and provide input; and
provide timely feedback to citizens and affected parties on the outcome of the consultations and on the priorities considered in decision making.
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Use feedback from consultation
Check validity of the options, and the quantification of costs and benefits
Check they endorse the key assumptions and data that contribute to the analysis.
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Active Participation
Providing information
•Obtaining information and public views•Identifying conflict lines•Verifying consistency and acceptance
Engaging the public in the formulation
One way process: INFORMATION or notification
Government Citizens
Two-way flow: CONSULTATION
Government Citizens
Partnership
Government Citizens
Forms of public-private communication
2 Topics
- Policy-making
- Rule-making
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When to consult? The Policy Cycle
PolicyFormulation
PolicyDelivery /
Implementation
Policy Review /Assessment
Ex-Ante Evaluation /
Impact Assessment
Consultation Communication
Ex-Post Evaluation
Interim Evaluation
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Adopting the right mix of channels
Channels Best suited to Limits
Advisory group
Permanent contact
Part of established process
Lack of flexibility
Possible capture
Public meetings
Two-way dialogue
Easily relayed by media
Difficult focus
Capture ?
Opinion surveys (incl. focus groups)
Specific reform projects
Lack of objectivity
Little interaction
Website Wide consultation
“Open”
Representativity
Weak feedback
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0 5 10 15 20 25 30
Other
Preparatory public commission/committee
Advisory group
Proposals posted on the internet
Public meeting
Public notice and comment
Broad circulation of proposals for comment
Informal consultation with selected groups
Number of jurisdictions
20052008
31
Notes: Data for 2005 and 2008 are presented for the 30 OECD member countries and the European Union concerning consultation routinely used at central government level for primary lawsSource: OECD Regulatory Management Systems’ Indicators Survey 2005 and 2008. www.oecd.org/regreform/indicators
Channels of public consultation
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Developing consultation with stakeholders (1)
OECD Handbook recommendations Build a framework
– Legal rights of access to information, legal status of consultation– Policies– Evaluation of activities and capactiies
Plan and act strategically– Set realistic objectives supporting government policy at different
levels– Define target groups (publics) to match objectives– Assess available resources to fund activities– Set up evaluation tools
Choose and use the tools– Clear messages to disseminate on all types of channels– Interactive channels for consultation (process feedback)– Engaging citizens in agenda setting: consensus conference (DK),
citizens’ juries (FR)
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Developing consultation with stakeholders (2)
Harness the power of ICT– Web.2 and e-government open up new field of
opportunities Put principles into practice
– Commitment to citizen participation by raising awareness and providing support
– Rights to be grounded in law or policy– Clear objectives and precise roles of parties, avoid false
expectations– Time: early in the process, and give realistic deadlines
fitting into political agenda– Objectivity of information provided, and easily accessible– Coordination across government to manage knowledge,
build networks– Accountability: clear timetable, feedback to citizens– Evaluation tools to be developed, data collected. Engage
citizens in evaluating events
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Benefits and pitfalls of C° (UK report 1999)
Consultation can –· enhance the quality and
effectiveness of policy making by providing additional insights
Consultation can –· create delay and
administrative overload.
· strengthen the legitimacy of final decisions
· provide a focus for the mobilisation of resistance,
· increase the responsiveness of citizens
· raise expectations· produce
unrepresentative views
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Conclusions
Consultation is a key element to make the RIA process credible
It should not be seen as an external interference , or a purely formal obligation
But an opportunity to improve the regulatory proposal
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More on the topic
« Engaging citizens in policy-making » (OECD, 2001): http://www.oecd.org/dataoecd/24/34/2384040.pdf
“Evaluating Public Participation in Policy Making :” http://www.oecd.org/document/2/0,3746,en_2649_33735_40758338_1_1_1_1,00.html
“Citizens as partners” Handbook (2003) http://213.253.134.43/oecd/pdfs/browseit/4201141E.PDF
European Commission guidelines on consultation and dialogue (2002): http://ec.europa.eu/governance/docs/comm_standards_en.pdf
« Public policy and public participation »: http://www.phac-aspc.gc.ca/canada/regions/atlantic/pdf/pub_policy_partic_e.pdf
« Civic participation in policy-making, a literature review: » http://www.scotland.gov.uk/Publications/2005/09/16120247/02496
(independent viewpoint ) « Public participation: » http://www.beyondintractability.org/essay/public_participation/