1. Seminar on Administrative Simplification Ankara 8-9 May 2008
Administrative Simplification and building a culture for better regulation
Edward Donelan
M.A., Dip. Eur.Law, Dip. Arb., Barrister–at–Law of the Kings Inns, Dublin and the Middle Temple, London, Senior Adviser (Principal Administrator, Sigma/ OECD)
Seminar on Administrative Simplification Ankara 8-9 May 2008

2. What is the connection between?
The legal obligation in Poland to keep cash registry receipts for 5 years.
The obligation in Italy to have 7 different types of certificate before getting married.
The obligation in Slovenia to have a licence to operate a hairdressing business.
The obligation in Ireland to have all legal documents translated into Irish.

3. Try harder with more resources. A Better Regulation policy
What is the solution to complexity and inefficiencies in legal and administrative systems?
No solution.
Try harder with more resources.
A Better Regulation policy

4. Better Regulation Policy
Derives from:
Regulatory Reforms
Public Service Reforms
Has many names:
Reinventing government
SMART regulation
Better Regulation
Regulating Better
Better Legislation
New institutions and new tools (or old tools used in new ways)

5. Better Regulation involves continuous improvement of:
Design and application of better regulation tools: impact assessment
Design and application of better regulation tools: consultation
Design and application of better regulation tools: simplification
Design and application of Better Regulation tools: reduction of administrative burdens.

6. Better Regulation involves continuous improvement of:
Design and application of better regulation tools: impact assessment
Design and application of better regulation tools: consultation
Design and application of better regulation tools: simplification
Design and application of Better Regulation tools: reduction of costs and administrative burdens.

7. Design and application of better regulation tools: impact assessment
History
Policy making by a different name:
Statement of policy problem and objective
Description of policy context, objectives and options (for example different forms of regulation)
Consultation
Enforcement and compliance for each option
Review
In cases where there are substantial impacts: financial, social, environmental, an additional exercise is the:
Identification of costs, benefits and other impacts of each option which is being considered
Identification and description of options
Impact analysis including costs and benefits of each option

8. Design and application of better regulation tools: impact assessment
Evidence based policy
Avoidance of unintended consequences
Not a substitute for political decision
Need to build capacity slowly
Need to build impact assessment culture into policy making cycle

9. Design and application of better regulation tools: consultation
To ensure that the operations of Government and bodies throughout the Public Sector are conducted with greater clarity and openness.
To get buy- in and even compliance
It helps to gather useful information.
It contributes to a shared understanding of issues and work towards agreed solutions.
It can identify the likely pitfalls or possible unintended consequences of a proposal.

10. Design and application of better regulation tools: simplification
More accessible legislation
Consolidation
Codification
Recasting
Make sure that all written communications between government and citizens are as simple and accessible as possible.
Make sure the cost of administrative requirements (information gathering, complying with regulations) is as low as possible.

11. Administrative costs
Governments and EU requirements impose two types of costs on business and society:
Substantive costs, i.e., costs induced by obligations for businesses to change their products and/or production processes.
Administrative costs, i.e., costs incurred by businesses in meeting obligations to provide information on their activities or production, either to public authorities or to private parties.

12. Many countries following this lead
Design and application of Better Regulation tools: reduction of costs and administrative burdens.
Requirements specifically linked to information that businesses would not collect and provide in the absence of a legal obligation.
25% Reduction planned by 2012
Many countries following this lead
Increase in the level of GDP of about 1.5% or around € 150 billion

13. Conclusions Better Regulation here to stay – for a while
Better Regulation involves the use of certain tools:
impact assessment,
consultation and
administrative simplification.
Growing recognition that some obligations
needlessly time-consuming,
excessively complicated or
useless.
Need for new approaches and change of culture
from administration to management
from control to cooperation