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How Can the Institutional Setup Improve Transparency and Governance of Enforcement Part 2: the inspectorate itself. Rob Velders Inspection Reform Conference, Amman, 3 June 2014 Day 2, Session B-2. What should an inspectorate have?. Goals: what is it aiming for? When is that to be achieved?
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How Can the Institutional Setup Improve Transparency and Governance of EnforcementPart 2: the inspectorate itself Rob Velders Inspection Reform Conference, Amman, 3 June 2014 Day 2, Session B-2 Amman, Rob Velders rob.velders@gmail.com
What should an inspectorate have? • Goals: what is it aiming for? When is that to be achieved? • Good law that clearly regulates its rights and powers • A juridical basis • Independence to do the job without possible interference on any issue at any time • Competent inspectors • ICT • An independent complaints office • Knowledge management • Lawyers • Complaints office (preferably independent) Amman, Rob Velders rob.velders@gmail.com
What should inspectorate not be or have? • Dependent on the fines they give to companies • Too much legal power • Too much power awarded to one person • Too many inspectors (but also not too few as well!) Amman, Rob Velders rob.velders@gmail.com
How does an inspectorate do the right thing? • Set long term and short term goals on outcome (for example safety) of inspections and not on number of fines • These long term goals should be set by the minister, politicians or the steering committee • Let them report every year on the progress made to realize these goals • Make them realize that fines are only part (and last resort) of the instruments that can be applied to promote compliance Amman, Rob Velders rob.velders@gmail.com
How should an inspectorate work? • Risk based (to inspect the right companies and to lower burden of good companies) • Transparant • Resolute • Independent (with regard to individual cases) • Cooperative (with other inspectorates) • Respecting the inspected companies Amman, Rob Velders rob.velders@gmail.com
How does the inspectorate account for its work? • Inspectorates should have clear long term targets, as specific as possible (smart) • Inspectorates should have clear short term (annual) goals (smart) • Inspectorates must report every year on the progress made in achieving the short term goals • Plan in the Netherlands: Let the inspector-General explain the annual report to the parliament and answer questions Amman, Rob Velders rob.velders@gmail.com
How to deal with central and regional offices? • There may not be too many regional offices (depending on the size of the country) • Regional offices may not have too few inspectors (to avoid capture and corruption and to guarantee sufficient knowledge) • As many as possible inspectorates may share the same regional office buildings (efficiency, cooperation) • As few as possible offices with local managers (to prevent for local kingdoms and too much autonomy) • Regular meetings in the central office for the inspectors (to exchange knowledge) Amman, Rob Velders rob.velders@gmail.com
What ICT is needed? • Software for storing inspection reports • Preferably online accessible • Software that can present stored information in a way that can be quickly used for reports and risk analysis • Safe, not accessible to unauthorized • Stable • Not too complex • Up to date hardware Amman, Rob Velders rob.velders@gmail.com
How to guarantee quality of inspectors? • Knowledge and regular training about the field of work (e.g. environmental issues, hygiene in restaurants, healthcare or mining) • Good knowledge and regular training about the relevant laws • Knowledge and regular training about good enforcement • Sufficient salary (to prevent from corruption) • Sufficient equipment (transport, tools/instruments, ict, safety clothing, etc.) • Working regularly with colleagues (to exchange knowledge and prevent from corruption) • Not inspecting too many times the same company (to avoid capture and corruption) • Awareness of the goals of the inspectorate and accountability for contributing on that • Awareness of the fact that companies need to be treated with respect • Awereness of the fact that fines are not the only instrument to promote compliance Amman, Rob Velders rob.velders@gmail.com