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Enhancing Public Consultation in Regulatory Impact Assessment for Effective Policy Development

Learn the importance and methods of public consultation in Regulatory Impact Assessment (RIA), including key steps, benefits, and lessons from experience by C.H. Montin. Discover how engaging citizens in policy-making can improve regulatory proposals.

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Enhancing Public Consultation in Regulatory Impact Assessment for Effective Policy Development

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  1. Developing Regulatory Impact Assessment In Azerbaijan Public Consultation as an integral part of RIA Baku, 21-22 September 2016 Charles-Henri Montin, Smart Regulation Consultant Former Senior Regulatory Expert, Ministry of economy and finance, Paris http://smartregulation.net C.H. Montin, Baku 1

  2. Contents • Definitions • The three forms of communication • What topics? • Why consult? • Who to consult? • When? • Channels • A step-by-step approach • Lessons from experience C.H. Montin, Baku

  3. 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. C.H. Montin, Baku

  4. 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. C.H. Montin, Baku

  5. 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. C.H. Montin, Baku

  6. Forms of public-private communication 2 Topics - Policy-making - Rule-making Partnership Government Citizens Engaging the public in the formulation Active Participation Two-way flow: CONSULTATION Government Citizens • Obtaining information and public views • Identifying conflict lines • Verifying consistency and acceptance One way process: INFORMATION or notification Government Citizens Providing information C.H. Montin, Baku

  7. Why consult the public? C.H. Montin, Baku

  8. Who to consult? C.H. Montin, Baku

  9. When to consult? The Policy Cycle Ex-Ante Evaluation / Impact Assessment Policy Formulation Policy Review / Assessment ConsultationCommunication Policy Delivery / Implementation Ex-Post Evaluation Interim Evaluation C.H. Montin, Baku

  10. Adopting the right mix of channels C.H. Montin, Baku

  11. Channels of public consultation 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 laws Source: OECD Regulatory Management Systems’ Indicators Survey 2005 and 2008. www.oecd.org/regreform/indicators C.H. Montin, Baku

  12. 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) C.H. Montin, Baku

  13. 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 C.H. Montin, Baku

  14. Benefits and pitfalls of C° (UK report 1999) C.H. Montin, Baku

  15. Lessons of experience C.H. Montin, Baku

  16. Questions ? C.H. Montin, Baku

  17. 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 C.H. Montin, Baku

  18. 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/ C.H. Montin, Baku

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