Improving the quality of Regulations

1. Session 3 - Plenary on implementing Principle 1 on an Explicit Policy on Regulatory Quality, Principle 3 on Regulatory Oversight, and Principle 6 on Reviewing Performance of Regulatory Reform Programmes and Regulatory Policy . Gregory Bounds, Deputy Head, Regulatory Policy DivisionStockholm 2 June 2013 Gregory.Bounds@oecd.org

2. Improving the quality of Regulations For all Governments, improvements to the efficiency and effectiveness of regulation can deliver significant benefits • Increase social welfare through more effective social and economic policies • Boost economic development by encouraging market entry and competitiveness • Control regulatory costs and improve productive efficiency, particularly for small to medium sized enterprises • Improve the rule of law, transparency and participative democracy

3. Challenges to Delivering High Quality Regulation • All Governments find it difficult to control the quality and quantity of regulation, this can be due to: • Lack of coordination and planning capacities to promote coherent reform across government • Vested interests may block reform, particularly where decision processes are not transparent and accountable • Political incentives favour short term interests over long term social policy goals • Regulation becomes outdated in changing environments • Regulation is exercised by many levels of government and may be duplicative or excessive • Regulators may not be equipped, or have incentives, to assess the cost of regulation and whether regulation is a practical solution

4. OECD Policy Recommendations on Regulatory Reform have evolved over two decades • 1995Recommendation of the Council on improving the quality of Government regulation - Commitment to core regulatory principles. • 1997Report to Ministers on Regulatory Reform – incorporates market openness, competition policy, regulatory policy and micro economic reform principles. • 2005 Guiding Principles for Regulatory Quality and Performance – basis for Regulatory Reform Reviews of 25 OECD countries and Russia, China, Brazil, Indonesia. • 2005 APEC/OECD Integrated Checklist for Regulatory Reform - Self Assessment of US, Australia • 2009 Recommendation on Competition Assessment • 2009 Establishment of the Regulatory Policy Committee • 2012 Recommendation of the Council on Regulatory Policy and Governance – 12 principles addressing the policy cycle of regulatory design, enforcement, review and evaluation.

5. The Regulatory Governance Cycle

6. Regulatory costs can arise anywhere in the Regulatory Governance Cycle

7. Recommendation of the Council on Regulatory Policy and Governance. • Apply an Explicit Policy for Regulatory Quality • Develop Regulations through Communication, Consultation and Engagement • Empower Institutions for Regulatory Oversight • Integrate Regulatory Impact Assessment • Review and Reform the Regulatory Stock • Assess Regulatory Reform Programmes • Co-ordinate the activities of Regulatory Agencies • Establish effective Review Processes • Apply Risk Regulation • Promote Regulatory Coherence across levels of government • Foster regulatory management capacity at sub-national government • Pursue International Regulatory Cooperation

8. Recommendation of the Council on Regulatory Policy and Governance. • A government-wide policy on regulatory quality, the institutional setting to support its implementation and regular review of its functioning in practice. • What practices reflect a systematic implementation of the Recommendation? • Which of these practices merit a more systematic adoption in OECD countries in the next five years? • What obstacles are you facing in implementing practices like this, and how can these obstacles be overcome?

9. Regulatory Policies are Necessary for Progress (Principle 1) Effective reform requires organised procedures with sustained political backing and adequate resources • Policies have two main elements: systematically improving rule making and keeping regulations up to date • The main objectives of regulatory policies tend to be: • Increasing social welfare through more effective social and economic policy – net benefit principle • Controlling regulatory costs for business development • Improving public sector efficiency and performance • Reducing regulatory discretion and opportunities for corruption, and improving access to regulation • Should have a preference for competition, the promotion of trade and innovation through efficient markets. • Ministerial accountability for regulatory policy (specific and general roles) • Endorsed at a high political level.

10. Regulatory Policy (Principle 1) What are key measures to identify and evaluate? • Existence of a whole of government policy • The elements in the policy – correspondence with the Recommendation • Ex ante - ex post • Competition policy and efficient markets • Performance based regulation • Political endorsement. • Ministerial accountability • Communication strategy

11. Institutions to drive Regulatory Policies (Principle 3) • The right set of institutions are required to ensure implementation of regulatory policy: • Regulatory oversight bodies with whole of government responsibility • Advocate benefits of reform • Perform a gatekeeper role on quality of RIA • Provide training and clear guidance to regulators • Promote regulatory review and reform • Coordinate ex-post evaluation • Improve the effectiveness of regulation • Independence with respect to technical assessment • Located close to the centre of government • Possibility of shared roles

12. Regulatory Oversight (Principle 3) What are key measures to identify and evaluate? • Existence of a body • Independence technical expertise • Role and functions • Location near the centre • Review and return of RIA • Training and guidance • Coordinating ex post review • Periodic assessment

13. Evaluate if regulatory policy is being implemented effectively (Principle 6) Regular performance reviews of how regulatory policy is being implemented in practice. • Clear criteria for polices and programmes to evaluate effectiveness • Data collection strategies (while minimizing internal red tape) • External review function – such as by the national Audit Office • Focus on social and economic outcomes – not just the achievement of targets.

14. Reviewing Regulatory Policy and Programmes(Principle 6) What are key measures to identify and evaluate? • Systematic external allocation of review responsibilities • Covering all program elements • RIA • Ex post • Admin burden reduction • Performance of regulators • Transparency and inclusiveness • Public reporting • Data collection strategies