RIA – An Art and not a Science Faisal Naru Head of Better Regulation DAI Europe Ltd November 2007 Washington London Johannesburg Ramallah Presentation Outline 1. What is RIA? 2. Rationale behind RIA 3. Elements of a RIA framework 4. International Experience of RIA and Lessons Learnt 1. What is RIA? ? 1. What is Regulation? Any government intervention that has an impact on individuals, institutions, organisations or groups within the private or public sector and in general on society. 1. What is RIA? – a Document Core structure of the RIA Document Title of Proposal Purpose and Intended Effect The Policy Problem Options Impacts Distribution of Impacts (Results of) Consultation Compliance Monitoring and Evaluation 1. What is RIA? – a System RIA – The System Fits Policy Making Cycle Process that is Iterative Ensures Consultation Process for Communication Opportunity for Scrutiny Avenue to Challenge Method to Obtain Buy-In Public Debate Parliament Public Debate Decision Makers Cabinet Public Debate Decision Makers Ministry Policy Makers 2. Rationale behind RIA Economic Reforms to improve the Business Enabling Environment (BEE) and Economy Link between Regulatory Reform & Quality of BEE now better understood by Key Economic Stakeholders Growing focus on Better Regulation initiatives that: Address both Qualitative & Quantitative aspects of regulation Establish simpler, appropriate and sustainable regulatory regimes Support high quality, low cost laws and policies that reduce regulatory costs, risks and barriers to competition facing firms Protect essential public interests RIA is tool for controlling the flow of NEW policies, legislation and regulations. 3. Elements of an RIA framework Political will and commitment at top Commitment/Buy-In/Trust for reform and change Centrally based body in Government Common Language/ Dialogue with Stakeholders Institutional Resource 4. International Experience & Challenges Need for Government policy endorsement and commitment Policy consultation and dialogue frameworks essential Policy inconsistency/competing priorities, and weak planning a challenge Institutional and individual champions play a key role at all levels Importance of understand RIA as a strong and flexible policy tool – Art not Science! Need to convert support for RIA into the use of RIA in day to day policy-making Need to improve the quality of RIAs over time – not immediately! Post- reform institutional capacity and coordination challenges Potential for Institutional Resistance Benefits of wider reform effort and a growing economy are a bonus 4. Lessons Learnt Anticipate the full impact of political environment constraints at the design stage Understand country specific and often complex social, economic and political realities Recognise importance of stakeholder input and ownership Understand importance of goal based regulations and need for public education and awareness Appreciate limitations of formal government policy endorsement Need to align more closely the many ongoing reform initiatives Keep focus on the underlying message: to improve flow – Art not Science! 4. Conclusions: Regulating Better in the Future Understand the local political economy, set realistic time frames & a strong accountability mechanism You can start small Find Champions at all Levels Build momentum through ‘Quick Wins’ Develop a PPP approach and up-skill stakeholders to engage Ensure effective scrutiny of the process essential Then you can Build Institutional structures to manage the flow of regulation RIA is an Art NOT a Science! Thank You Faisal Naru Head of Better Regulation Email: faisal_naru@dai.com Telephone: +44 207 420 8600 Address: DAI Europe Ltd., 2nd Floor, Strand Bridge House, 138/142 Strand, London WC2R 1HH, UK