1. Seminar on Regional Capacity-building : A Presentation on Regulatory Impact Analysis in Ireland Tunis, Tunisia, 15 Feb. 2007 Tom Ferris Economist Ireland

2. Content of Presentation 1. What is RIA ? 2. Where does RIA come from? 3. Why have RIA ? 4. How is RIA carried out ? 5. Are there RIA results available ? 6. Who should be consulted on RIA ? 7. Whither RIA ?

3. (1)What is Regulatory Impact Analysis?  It is a framework for assessing the likely effects of a proposed regulation, or of regulatory change  It involves assessment of the impacts, side effects and costs of regulation  It includes structured consultation with stakeholders and citizens  It should be applied at early stage in the regulatory cycle – preferably before Government decides to regulate  It is not a substitute for decision-making but can help to inform policy decisions

4. RIA Can Help Identify…  All the relevant costs and benefits  Considers scope for ‘no policy change’  Alternative forms of regulation  Alternatives to regulation  Alternative implementation and design options  Relevant proposals that merit examination, while recognising that proportionality must be taken into account

5. (2) Whence RIA in Ireland ?  Influence of OECD and EU on RIA in Ireland  “Delivering Better Government” (Irish Government 1996)  Public Service Modernisation Act 1997  OECD, Regulatory Reform in Ireland, 2001  “Regulating Better” (Irish Government 2004)  Cabinet 2005 Decision – RIA on all new regulations  “Towards 2016”, 10-Year Partnership Agreement

6. White Paper, ‘Regulating Better’, Dublin, January 2004 Six Principles of Better Regulation Adopted Action Programme for Better Regulation www.betterregulation.ie

7. (3)Why Have RIA ?  To clarify justification for Regulation  To assess alternatives (taxes, grants or fines)  To identify costs and benefits  To facilitate consultation  To ensure there is a full awareness of what enforcement will be required  To alert those who will be affected of the compliance costs  To ensure “no surprises”

8. RIA : Need to address Enforcement and Compliance  Are proposals enforceable? e.g. resources  Who will enforce them?  How will consistency and accountability be ensured?  What are compliance targets?  Do benefits justify compliance costs ?

9. (4)How to do RIA ? Two phased approach used in Ireland :  Screening RIA Applied to all primary legislation involving changes to regulatory framework, significant Statutory Instruments and draft EU Directives and EU Regulations  Full RIA Only conducted where Screening RIA suggests significant impacts (six criteria identified above) or significant costs (initial cost of €10 million or cumulative costs of €50 million over 10 years)

11. How to do Screening RIA ? Screening RIA to be applied to:  All primary legislation involving  Changes to regulatory framework,  Significant Statutory Instruments  Draft EU Directives or Regulations

12. And Screening RIA involves ?  Description of policy context, objectives and policy options/choices  Identification of cost, benefits and other impacts of options  Informal consultation including Government Departments, consumer and other interests  Description of how enforcement and compliance will be achieved  Review – how will performance of regulations be measured?

13. How to do Full RIA ?  Full RIA only conducted where the Screening RIA suggests: Significant impacts on Economy (listed by the Irish Government in www.betterregulation.ie www.betterregulation.ie Significant costs (initial cost of €10 million or cumulative costs of €50 million over 10 years)  International experience suggests Full RIA in only 10-15% of cases

14. And Full RIA involves ?  More detailed analysis of options  More in-depth analysis of impacts including in some cases Cost Benefit Analysis  Formal consultation, not informal  Summary of pros and cons of each option and identification of a recommended option where appropriate

15. (5): What Results ?  Draft RIA model developed in 2001  White Paper Regulating Better committed to piloting RIA prior to its introduction in all Government Departments/Offices  Five Departments agreed to pilot RIA  A Steering Group formed and economic assistance provided  This piloting gave the first RIA results in 2005

16. Pilot Departments/Offices  Health and Children Medical Practitioners Bill  Enterprise, Trade and Employment Export Controls Bill  Office of the Revenue Commissioners Betting Duty Regulations  Justice, Equality and Law Reform Coroners Bill  Environment, Heritage and Local Government Draft EU Groundwater Directive

17.  A Simple RIA  On  “FITNESS”  Of Delegates Tunis Conference 15 february 2007

18. Tunis Conference Results of Simple RIA  Objective : To become fitter  Alternatives: A lot; A little; No exercise  Costs: Energy used  Benefits: Better blood circulation  Consultation: Yes we consulted  Compliance: You all complied  Feedback: Good feedback

19. (6) Consultation a Priority  To assist the decision-making process  To contribute to evidence-based policy making  To help identify possible alternatives to regulation  To strengthen focus of policy makers on the needs of the public and end-consumer

20. Government Commitment to Consult under RIA  Government’s 2004 White Paper ‘Regulating Better’ : Action Plan 5.1 Procedures and Guidelines will be developed to promote better quality public consultation and to outline a full range of consultation options. Consideration will be given to the mechanisms for ensuring balanced coordination procedures, taking care to consider the particular requirements for ‘not-for-profit’ groups www.betterregulation.ie

21. Plan for Consultation  Decide what is purpose of consultation What do you want to achieve / questions you want answered  Who to consult and timeframes? RIA can help to identify all stakeholders  How to make stakeholders aware?  Are outside experts or consultants required?  Compliance with legal obligations Data Protection, Freedom of Information, Equal Status etc.

22. Feedback and Review are Critical  Give feedback to key players and those who participate  Publish and acknowledge submissions made (taking account of data protection etc.)  Review the consultation process

23. (7) Whither RIA ?  RIA can further help to improve the quality of governance through increasing the use of evidence- based decision-making  RIA can help by enhancing the transparency and legitimacy of the regulatory process  But the introduction of RIA must first take into account local existing procedures and practices  There may be need for adaptation and adjustment to current structures and processes

24. For RIA to succeed…  High level administrative and political support  Development of RIA network for sharing of experience and best practice  Ongoing liaison with EU colleagues especially Directors of Better Regulation  ‘Learning by doing’ – RIA very much an iterative process  Awareness-raising and training very important  Ensure sufficient resources

25. Challenges for RIA  Yes, many elements of RIA already there  But traditional ways will be challenged  Key players will feel some discomfort!  And yet if RIA is well explained there can be real benefits for the main players and in the public interest

26. RIA Publications from Department of the Taoiseach  RIA Guidelines : How to conduct a Regulatory Impact Analysis (2005)  A Report on the Introduction of Regulatory Impact Analysis (2005)  Reaching out : Guidelines on Consultation for Public Sector Bodies (2005)  www.betteregulation.ie