Presentation by Eduardo Esteban Romero Fong, General Coordinator, Regulatory Impact Assessment, Federal Commission for Regulatory Improvement, Mexico, at the 6th Expert Meeting on Measuring Regulatory Performance: Evaluating Stakeholder Engagement in Regulatory Policy, Reporting back, Breakout Session 2, The Hague, 16-18 June 2014. Further information is available at http://www.oecd.org/gov/regulatory-policy/
1. Survey on Stakeholder Engagement
Report from the Breakout Session
The Hague, Netherlands
June 17, 2014
2.
3. Consultation
Principle 2
Adhere to principles of open
government, including transparency
and participation in the regulatory
process to ensure that regulation serves
the public interest and is informed by the
legitimate needs of those interested in
and affected by regulation. This includes
providing meaningful opportunities
(including online) for the public to
contribute to the process of preparing
draft regulatory proposals and to the
quality of the supporting analysis.
Governments should ensure that
regulations are comprehensible and
clear and that parties can easily
understand their rights and obligations.
Principle 6
Regularly publish reports
on the performance of
regulatory policy and
reform programmes and
the public authorities
applying the regulations.
Such reports should also
include information on
how regulatory tools such
as Regulatory Impact
Assessment (RIA), public
consultation practices and
reviews of existing
regulations are functioning
in practice.
4. Clarity (1/2)
Are all questions on
stakeholder
engagement clear?
Questions
Questions may not to gather all the facts, do
requirements guarantee implementaton? It is not
possible to check information on every question.
The questionnaire is organized with a set of questions
for the specific stages of consultation, there may me
a FAQ for all of relevant issues.
Do we ask for the types of documents or the specific
document? The same goes for groups, is it types or
specific groups?
Format
It is helpful to have options, we need to ensure the
right order or hierarchy and avoid, as much as
possible, the use of the option "other”.
Provide specific spaces for comments.
Do any questions
leave room for
interpretation?
5. Clarity (2/2)
Are all questions on
stakeholder
engagement clear?
Definitions & Scope
Ensure that definitions are equally clear to all,
recognize differences among legal systems. Central
level of government excludes Parliament.
Statistics
Clarity on statistics, provide data or percentages and
ensure comparability across countries. Ability to
provide data.
The steering group will decide what to do with
statistics and their presentation.
Other Suggestions
Clarity on primary legislation. Add a question on the
percentage of laws that originate in the Executive.
Include the Official Gazette. For proposed
regulations use the word "issued" instead of "drafted".
Use the term, open to the general public instead of
any member of the public.
Do any questions
leave room for
interpretation?
6. Evaluation
Why do we need
indicators on
consultation?
Comparison
The comparison helps to be able to implement
succesful practices from other countries and raise
interest from decision makers and high level officials
to change what needs to be changed
Progress
It helps to also look at evolution or progress within
countries
Identify areas of improvement
Compare and contrast. Identify the baseline and the
best practice, even targets
7. Data
How can the REG
indicators be
complemented with
data/indicators from other
sources?
Data from the Parliamentary process
Reaching people without Internet or technology access.
Identify who is the audience, who is excluded and who
should be included
Full implementation cannot be covered in the survey,
we might be able to identify the reason for our
differences
Quantity vs. Quality
Use complementary sources, for example, perception
surveys.
Use groups of indicators
These indicators provide information for other indicators
and databases, for example, Better Life Index
Explain the reasons for the differences among practices
8. Tools
How would you use a
good practice database to
complement the
indicators? How could it
look like?
Information would be useful about the budget used to
implement those practices to have an idea of resources
needed.
Who are the experts or practitioners and where are
they? - Contacts
Observatory of Public Sector Innovation (OPSI)
Database.
How to select? What are the differences between
innovative and good (or useful)?
Searchable, easy to find and user-friendly.
Database or evidence? Be careful that this is updated,
maybe including the date.
Standardization and description of processes.
9. Aggregation
Which questions could
be grouped together?
– Pros & Cons
Simple weights, expert, statistical or self
selection?
Make it difficult to game with indicators.
They should be comparable over time.
Track back progress from 2008 indicators,
where possible.
Simple to understand.