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Practical Steps for Better Consultation

Introducing Regulatory Impact Analysis into the Turkish Legal Framework Information, Consultation and Communication of RIAs 16-17 March 2009 Session 6A Planning and Undertaking a successful RIA consultation. Practical Steps for Better Consultation. Plan the consultation in advance

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Practical Steps for Better Consultation

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  1. Introducing Regulatory Impact Analysis into the Turkish Legal FrameworkInformation, Consultation and Communication of RIAs16-17 March 2009Session 6APlanning and Undertaking a successful RIA consultation

  2. Practical Steps for Better Consultation Plan the consultation in advance Identify stakeholders Prepare consultation document Consult Analyze responses and incorporate suggestions Integrate analysis into the RIA Provide feedback

  3. A semi-targeted active consultation Launch a targeted consultation to gather data on impact Using the many resources in the web UK Code http://www.berr.gov.uk/bre/consultation%20guidance/page44420.html Canadian guideline http://www.regulation.gc.ca/documents/gl-ld/erc-cer/erc-cer00-eng.asp Prepare the consultation document Revision by minister Posting on Internet Use active consultation (meetings and focus groups)

  4. Step 1: Plan the consultation The effort should be proportionate Set clear objectives Manage the timing and the timeliness Budget the consultation process Adapt and mix consultation mechanisms according to the RIA process

  5. Step 2: Identify the stakeholders Regulated entities Businesses (local, foreigners, large & small) Workers Consumers Stakeholders NGOs Academics, think tanks Other users Public administration (supra & subnational) Political representatives

  6. Two key interconnected issues Usefulness for the RIA Representativity of Stakeholders

  7. Stakeholder Mapping

  8. Do consulted parties represent everyone? ‘Insiders’ Vs ‘Outsiders’ Consulting consumers Future regulated entities Capture through consultation Lobbying and consultation Manage vocal groups

  9. Step 3: Prepare Consultation Document Document 5 to 10 pages Outline Foreword signed by Minister Executive summary How to respond Why is the reform needed? (problem definition) Options considered Description of the options Type of impacts Submission form Open questions Table of impacts

  10. Step 4: Consult Stakeholders Broad Vs Target consultation Active Vs Passive consultation e-consultation Internet publication and feedback

  11. Broad Vs Targeted Consultation Targeted Stakeholder and Representative groups Focus groups/Test Panels Public meetings and Conference events Practitioner Panels and Industry-Government Forums Surveys / questionnaires Broad (often mandatory) Written consultation Notice and Comments (pre-publication). Hearings Mandatory advice

  12. Passive Vs Active Consultation Active Advisory groups, committees, public hearings, Informal consultation Panel & focus tests Peer reviews Surveys Passive Circulation for comment, notice and comment, Notice and Comments (Prepublication)

  13. Common data collection techniques (1)

  14. Common data collection techniques (2)

  15. Consultation Tactics Targeted consultation Structured to link information needs with particular stakeholders. Multilayered consultation strategies Minimum and consistent standards But allow flexible adaptation for more detailed information Mix consultation methods

  16. Irritants Vs Opinions Opinions &Self-interest Data and evidence of impacts

  17. Consultation Meetings Prepare Agenda purpose of the meeting purpose of consultation Issues being discussed Possible options / solutions available List of participants Record and report expressed views Suggestions, facts, reference Straw polls (votes) on specific questions Disseminate questionnaires, ask for written comment Explain the follow up How their views will be recorded and taken into account How far they are able to influence the policy making process How you will keep them informed about developments to the policy after the meeting

  18. Establish the limits of the consultation Define key impacts to investigate Set a 30 day consultation period Decision to abide with the 2006 Decree Build credibility Get the signature of the Secretary General of the Government

  19. Comparing options by regulatory impacts

  20. Limits to Consultation Mechanisms Consultation excesses Proliferation of advisory bodies Consultation “fatigue” Fine-tuning the consultation Asking, focusing, questioning, challenging Predictability of results Opponents of reform abusing consultation Consultation and the political debate

  21. Step 5: Analyze Responses & Incorporate Suggestions Analysis Differentiate positive and negative impacts Follow up questions, in case Double check Investigate ‘outstanding’ responses But consultation is not a public vote Monitoring results for representativity 'Response Analysis Grid'.

  22. Monitoring answers 22

  23. Step 6. Integrate responses in the RIA Bilateral meetings Analysis of key cells, uncertainty assessment Drafting of the analysis for the new law Impact 1 The issue Option A Option B Option C Option D In sum Impact 2 Etc.

  24. Summary table of results

  25. Step 7: Provide Feedback Accountability element Crucial for credibility, building trust and sustainability of future consultation Use information technology

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