1. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA Belgrade – 4 May 2011 Consultation for better policy-making Charles-Henri MONTIN Senior Regulatory expert Ministry of economy and finance France French representative to OECD/RPC montin@smartregulation.net

2. 2 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 2 Belgrade, 5 May 2011 Contents The three forms of public –private communication What topics? Why consult? Who to consult? When? Channels Developing stakeholder consultation: a step-by- step approach Lessons from experience

3. 3 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 3 Belgrade, 5 May 2011 Active Participation Providing information Obtaining information and public views Identifying conflict lines Verifying consistency and acceptance Engaging the public in the formulation One way process: INFORMATION or notification Government Citizens Two-way flow: CONSULTATION Government Citizens Partnership Government Citizens Forms of public-private communication 2 Topics - Policy-making - Rule-making

4. 4 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 4 Belgrade, 5 May 2011 Public consultation in the regulatory process Notes: Data for 2005 and 2008 are presented for the 30 OECD member countries and the European Union. Source: OECD Regulatory Management Systems’ Indicators Survey 2005 and 2008. www.oecd.org/regreform/indicators public consultation exist in all OECD countries with a growing trend to always consult the public for primary laws… …and subordinate regulations

5. 5 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 5 Belgrade, 5 May 2011 Why consult the public? LegitimacyCredibilityConfidenceAdded valueTransparencyAlienation and connectivityRegulatory literacyManaging conflictIncreased complianceSocial cohesion

6. 6 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 6 Belgrade, 5 May 2011 Who to consult? Subject/ Regulation Taxpayer Government department/ Regional, Local office Academic experts Charitable, not-for-profit organisation Organised interests (trade unions, employers’ associations) Private sector (companies, employers) Public sector workers (doctors, teachers) Service users / beneficiaries

7. 7 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 7 Belgrade, 5 May 2011 When to consult? Policy Cycle & Reform tools Policy Formulation Policy Delivery / Implementation Policy Review / Assessment Ex-Ante Evaluation / Impact Assessment Consultation Communication Ex-Post Evaluation Interim Evaluation

8. 8 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 8 Belgrade, 5 May 2011 Adopting the right mix of channels ChannelsBest suited toLimits Advisory groupPermanent contact Part of established process Lack of flexibility Possible capture Public meetingsTwo-way dialogue Easily relayed by media Difficult focus Capture ? Opinion surveys (incl. focus grps) Specific reform projectsLack of objectivity Little interaction WebsiteWide consultation “Open” Representativity Weak feedback

9. 9 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 9 Belgrade, 5 May 2011 Notes: Data for 2005 and 2008 are presented for the 30 OECD member countries and the European Union concerning consultation routinely used at central government level for primary laws Source: OECD Regulatory Management Systems’ Indicators Survey 2005 and 2008. www.oecd.org/regreform/indicators Channels of public consultation

10. 10 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 10 Belgrade, 5 May 2011 Developing consultation with stakeholders (1) OECD Handbook recommendations Build a framework –Legal rights of access to information, legal status of consultation –Policies –Evaluation of activities and capactiies Plan and act strategically –Set realistic objectives supporting government policy at different levels –Define target groups (publics) to match objectives –Assess available resources to fund activities –Set up evaluation tools Choose and use the tools –Clear messages to disseminate on all types of channels –Interactive channels for consultation (process feedback) –Engaging citizens in agenda setting: consensus conference (DK), citizens’ juries (FR)

11. 11 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 11 Belgrade, 5 May 2011 Developing consultation with stakeholders (2) Harness the power of ICT –Web.2 and e-government open up new field of opportunities Put principles into practice –Commitment to citizen participation by raising awareness and providing support –Rights to be grounded in law or policy –Clear objectives and precise roles of parties, avoid false expectations –Time: early in the process, and give realistic deadlines fitting into political agenda –Objectivity of information provided, and easily accessible –Coordination across government to manage knowledge, build networks –Accountability: clear timetable, feedback to citizens –Evaluation tools to be developed, data collected. Engage citizens in evaluating events

12. 12 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 12 Belgrade, 5 May 2011 Benefits and pitfalls of consultation (UK report 1999) Consultation can – · enhance the quality and effectiveness of policy making by providing additional insights Consultation can – · create delay and administrative overload. · strengthen the legitimacy of final decisions · provide a focus for the mobilisation of resistance, · increase the responsiveness of citizens · raise expectations · produce unrepresentative views

13. 13 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 13 Belgrade, 5 May 2011 Lessons of experience Why? Clarify the purpose of consultation at the outset of the process: A code of practice can help to enhance confidence in the consultation process Who? Consultation should be open & participation voluntary Be specific when selecting whom to consult be specific Identify the objectives and resources of stakeholders; their media use, location and pursued interests Revisit the stakeholder analysis throughout the public consultation process Be willing to talk. BUT: Be wary: Sometimes the “beneficiaries” can be the hardest group to deal with When? Set a clear framework and timescale for the consultation process Align purposes with tools of public consultation in different stages of the policy cycle How? Use a flexible approach that combines a range of consultation tools: Reach out to the stakeholders Respond to comments receive and use the input: Establish mechanism ensuring that public comments are adequately taken into account Develop new approaches to better use ICT

14. 14 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 14 Belgrade, 5 May 2011 Questions ?

15. 15 © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Σ SIGMA 15 Belgrade, 5 May 2011 More on the topic « Engaging citizens in policy-making » (OECD, 2001): http://www.oecd.org/dataoecd/24/34/2384040.pdf http://www.oecd.org/dataoecd/24/34/2384040.pdf “Evaluating Public Participation in Policy Making :” http://www.oecd.org/document/2/0,3746,en_2649_33735_407583 38_1_1_1_1,00.html http://www.oecd.org/document/2/0,3746,en_2649_33735_407583 38_1_1_1_1,00.html “Citizens as partners” Handbook (2003) http://213.253.134.43/oecd/pdfs/browseit/4201141E.PDF http://213.253.134.43/oecd/pdfs/browseit/4201141E.PDF European Commission guidelines on consultation and dialogue (2002): http://ec.europa.eu/governance/docs/comm_standards_en.pdf http://ec.europa.eu/governance/docs/comm_standards_en.pdf « Public policy and public participation »: http://www.phac- aspc.gc.ca/canada/regions/atlantic/pdf/pub_policy_partic_e.pdfhttp://www.phac- aspc.gc.ca/canada/regions/atlantic/pdf/pub_policy_partic_e.pdf « Civic participation in policy-making, a literature review: » http://www.scotland.gov.uk/Publications/2005/09/16120247/02496 http://www.scotland.gov.uk/Publications/2005/09/16120247/02496 (independent viewpoint ) « Public participation: » http://www.beyondintractability.org/essay/public_participation/ http://www.beyondintractability.org/essay/public_participation/