C.H. Montin, Tbilisi 11 Tbilisi, 13 November 2014 Developing Regulatory Impact Assessment In Georgia Public Consultation as an integral part of RIA Charles-Henri

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


Contents

Definitions The three forms of communication What topics? Why consult? Who to consult? When? Channels A step-by-step approach Lessons from experience


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.


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.


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.


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


Why consult the public?


Who to consult?


When to consult? The Policy Cycle

PolicyFormulation

PolicyDelivery /

Implementation

Policy Review /Assessment

Ex-Ante Evaluation /

Impact Assessment

Consultation Communication

Ex-Post Evaluation

Interim Evaluation


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


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


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)


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


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


Lessons of experience


Questions ?


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


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/

http://www.oecd.org/dataoecd/24/34/2384040.pdf

Documents

C.H. Montin, Tbilisi 11 Tbilisi, 13 November 2014 Developing Regulatory Impact Assessment In Georgia Public Consultation as an integral part of RIA Charles-Henri