Regulatory Impact Assessment

Towards Better Regulation?

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Author: C. H. Kirkpatrick,David Parker

Publisher: Edward Elgar Publishing

ISBN: 1847208770

Category: Law

Page: 286

View: 3239

The practice of regulatory impact assessment has long needed a critical evaluation. This volume, which is interdisciplinary and international, and combines academic and practitioner insights, hits the spot to great effect. Colin Scott, UCD College of Business and Law and UCD School of Law, Ireland Better state regulation is a key component of economic reform. This is the first book to comprehensively explore international experience in the use of Regulatory Impact Assessment (RIA), which involves assessing the potential benefits and costs of any regulatory change. The contributors reveal that RIA is being adopted by an increasing number of countries as a route to better regulation with varying degrees of success. The book includes contributions from leading experts on regulatory reform and introduces a range of case studies from developed, developing and transitional economies. Comprehensive in its approach, this book contributes to the literature on evidence-based decision making as part of the new public management. By rigorously examining the principles of better regulation and focusing on the problem of applicability and adoption of RIA practices around the world, it will greatly aid understanding of regulatory policy design and implementation. The book will be invaluable for academics and researchers of public policy and management in developed, developing and transitional countries. It will also be of great practical relevance to government administrators and policymakers challenged by the need to understand the scope and limitations of RIA.

Handbook of Regulatory Impact Assessment

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Author: Claire A. Dunlop,Claudio M. Radaelli

Publisher: Edward Elgar Publishing

ISBN: 1782549560

Category: Political Science

Page: 512

View: 9670

Regulatory impact assessment (RIA) is the main instrument used by governments and regulators to appraise the likely effects of their policy proposals. This pioneering Handbook provides a comparative and comprehensive account of this tool, situating it in the relevant theoretical traditions and scrutinizing its use across countries, policy sectors and policy instruments. Comprising six parts, university researchers, international consultants and practitioners working in international organizations examine regulatory impact assessment from many perspectives, which include: • research traditions in the social sciences • implementation, regulatory indicators and effects • tools and dimensions such as courts and gender • sectoral case studies including environment, enterprise and international development • international diffusion in the European Union (EU), Americas, Asia and developing countries • appraisal, training and education. With its wealth of detail and lessons to be learned, the Handbook of Regulatory Impact Assessment will undoubtedly be of great value to practitioners and scholars working in governance, political science and socio-legal studies.

Evaluation of Regulatory Impact Assessments 2005-06

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Author: Great Britain: National Audit Office

Publisher: The Stationery Office

ISBN: 9780102938685

Category: Law

Page: 43

View: 9171

Regulatory Impact Assessments (RIAs) are designed to enable policy makers to assess the need for, and impact of, new regulations. In 2005 Government departments produced around 200 'Final' RIAs. They have been used to assess the likely economic, social and environmental impacts of the proposed regulation, and the range of options for implementing it. They have grown in scope in recent years as additional assessment criteria, such as sustainable development, have been added. Departments have primary responsibility for undertaking RIAs, and the Better Regulation Executive (BRE), which forms part of the Cabinet Office, has primary responsibility for taking forward the Government's Better Regulation agenda. The National Audit Office focused its examination on four departments - Culture, Media and Sport (DCMS); Trade and Industry; Home Office; and Transport (DfT). RIAs are often not used in the right way. The purpose of RIAs is not always understood; there is a lack of clarity in the presentation of the analysis; and persistent weaknesses in the assessments. RIAs are only occasionally used to challenge the need for regulation and influence policy decisions. If used well, RIAs can offer an effective tool for assessing different options and identifying regulatory solutions that do not impose unnecessary costs on those being regulated. There are three ways the BRE should bolster RIAs. Firstly, it should re-emphasise that economics should lie at the heart of RIAs, considering market failure, counterfactuals, competition, and how consumers and organisations behave. Secondly, RIAs need to be supplemented by a broader toolkit that policy makers can use earlier in the life of a policy. Thirdly, the BRE could re-emphasise the importance of the RIA process in challenging the introduction of new regulations.

Evaluation of regulatory impact assessments 2006-07

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Author: Great Britain: National Audit Office

Publisher: The Stationery Office

ISBN: 0102947201

Category: Political Science

Page: 35

View: 6124

This NAO report evaluates the quality of Regulatory Impact Assessments (RIAs) produced by the Department of Health and the Department for Communities and Local Government, and considers how these departments are seeking to raise standards and improve their use. The aim of RIAs is to assess the need for, and impact of, proposed regulations and amendments to existing regulations. They are a tool to help policy makers understand the consequences of possible Government regulation. RIAs are required for all forms of government intervention that impose, or reduce, costs on businesses, the third sector or the public sector. The NAO concludes that RIAs were not always being used effectively. That they often did not form an integral part of the policy making process, from initial development through to implementation and review. The quality of RIAs as used by both departments was mixed, with assessment of costs and benefits the weakest area and insufficient consideration of the impact of regulations following implementation. Further, RIAs were often not commissioned or used early enough in policy formation. Also, RIAs were only occasionally used by Parliamentary Committees and to inform Parliamentary debate. Among the recommendations, set out by the NAO, include: that RIAs should consider more explicitly the impacts of legislation when it comes into force; that Departments should ensure their guidance, training and procedures emphasise the need for high quality analysis; that Departmental RIAs need to ensure there are clear statements on how and when post-implementation reviews will be conducted and that Departments need to develop a targeted package of training and support which integrates RIAs into mainstream policy development.

Reforming Regulatory Impact Analysis

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Author: Winston Harrington,Lisa Heinzerling,Richard D Morgenstern

Publisher: Routledge

ISBN: 1136526331

Category: Political Science

Page: 242

View: 7176

Over the past decades, considerable debate has emerged surrounding the use of cost-benefit analysis (CBA) to analyze and make recommendations for environmental and safety regulations. Critics argue that CBA forces values on unquantifiable factors, that it does not adequately measure benefits across generations, and that it is not adaptable in situations of uncertainty. Proponents, on the other hand, believe that a well-done CBA provides useful, albeit imperfect, information to policymakers precisely because of the standard metrics that are applied across the analysis. Largely absent from the debate have been practical questions about how the use of CBA could be improved. Relying on the assumption that CBA will remain an important component in the regulatory process, this new work from Resources for the Future brings together experts representing both sides of the debate to analyze the use of CBA in three key case studies: the Clean Air Interstate Rule, the Clean Air Mercury Rule, and the Cooling Water Intake Structure Rule (Phase II). Each of the case studies is accompanied by critiques from both an opponent and a proponent of CBA and includes consideration of complementary analyses that could have been employed. The work's editors - two CBA supporters and one critic - conclude the report by offering concrete recommendations for improving the use of CBA, focusing on five areas: technical quality of the analyses, relevance to the agency decision-making process, transparency of the analyses, treatment of new scientific findings, and balance in both the analyses and associated processes, including the treatment of distributional consequences.

Draft Legal Services Bill, Explanatory Notes and Regulatory Impact Assessment

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Author: Great Britain. Department for Constitutional Affairs

Publisher: The Stationery Office

ISBN: 0101683928

Category: Justice, Administration of

Page: 328

View: 7629

This Command Paper brings together the Draft Legal Services Bill, explanatory notes and Regulatory Impact Assessment. The Bill sets out its' objective to establish the Legal Services Board and its various functions. The Bill itself contains 159 clauses and 15 schedules. The parts of the Bill can be set out as follows: Part 1: The Regulatory Objectives, sets out 7 regulatory objectives of the regulators, which guides the Legal Services Board; Part 2: The Legal Services Board, sets out the structure and functions of the Board; Part 3: Reserved Legal Activities, lists and defines the reserved legal activities, and explains who is entitled to carry out these activities, and the penalties for those not entitled; Part 4: Regulation of Approved Regulators, sets out the general duties of approved regulators, and the powers that the Board has to ensure that these are being carried out; Part 5: Alternative Business Structures, makes provision for new business structures in legal services; Part 6: Legal Complaints, establishes an independent complaints handling body called the Office for Legal Complaints (OLC); Part 7: Financial Provisions, sets out arrangements for the funding of both the Board and the Office for Legal Complaints; Part 7: Miscellaneous and General Provisions makes provision for any guidance to be produced by the Board, and allows the Board to enter into voluntary arrangements. The Regulatory Impact Assessment (RIA) sets out the rationale for reform of the regulation of legal services.

Regulatory Impact Analysis

Lessons from the Pilot Exercise

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Author: Richard Boyle

Publisher: Institute of Public Administration

ISBN: 9781904541288

Category: Civil service

Page: 59

View: 8577

Impact Assessment in the EU

The State of the Art and the Art of the State

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Author: Andrea Renda

Publisher: CEPS

ISBN: 9290796006

Category: History

Page: 164

View: 613

The importance of ex ante and ex post impact assessment in streamlining the regulatory environment and improving the legislative process has been stressed by scholars and testified to by international best practices. The potential benefits of regulatory impact assessment are also being rediscovered by EU officials, who lose no chance to recall that the Commission's ambitious "growth and jobs" strategy heavily depends on the pervasiveness of impact assessment in the regulatory process at EU and member state level. This study, conceived for scholars and policymakers, provides an overview of the state of the art on impact assessment. It focuses on the latest developments in the United States, UK, and EU, and presents a scorecard analysis of the Commission's extended impact assessments. The author concludes with a road map for improving the transparency, efficiency, and effectiveness of the EU Integrated Impact Assessment model.

Privacy Impact Assessment

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Author: David Wright,Paul de Hert

Publisher: Springer Science & Business Media

ISBN: 9400725434

Category: Law

Page: 523

View: 5133

Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year. Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions. Contributors to this book – privacy commissioners, academics, consultants, practitioners, industry representatives – are among the world’s leading PIA experts. They share their experience and offer their insights to the reader in the policy and practice of PIA in Australia, Canada, New Zealand, the United Kingdom, the United States and elsewhere. This book, the first such on privacy impact assessment, will be of interest to any organisation that collects or uses personal data and, in particular, to regulators, policy-makers, privacy professionals, including privacy, security and information officials, consultants, system architects, engineers and integrators, compliance lawyers and marketing professionals. In his Foreword, surveillance studies guru Gary Marx says, “This state-of-the-art book describes the most comprehensive tool yet available for policy-makers to evaluate new personal data information technologies before they are introduced.” This book could save your organisation many thousands or even millions of euros (or dollars) and the damage to your organisation’s reputation and to the trust of employees, customers or citizens if it suffers a data breach that could have been avoided if only it had performed a privacy impact assessment before deploying a new technology, product, service or other initiative involving personal data.

Impact Assessment in EU Lawmaking

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Author: Anne C. M. Meuwese

Publisher: Kluwer Law International B.V.

ISBN: 9041127208

Category: Law

Page: 301

View: 8578

Recent constitutional thinking has directed its attention to the profound impact of 'soft' norms on the way legislation is made. This book identifies the European Union's impact assessment regime as a source of these norms. In 2002 the European Commission - later followed by the European Parliament and the Council of Ministers - committed to performing rigorous assessment of the economic, social and environmental impacts of policy options before adopting (legislative) proposals. Applying a 'constitutional lens' to this 'regulatory' topic, Anne Meuwese examines both the details and the framework of IA in EU lawmaking to date, drawing attention to its strengths, its contradictions, and its power to enhance the deliberative quality of legislative debates. Integrating the perspectives of political scientists and economists with the concerns of legal scholars and practitioners, Dr Meuwese describes and interrelates such aspects of the subject as the following: the potential role of impact assessment as a catalyst of legal principles, by emphasising or overriding norms that govern both the procedural and the substantive aspects of the EU legislative process; the 'constitutional tasks' of impact assessment as applied to European legislative proposals, especially relating to subsidiarity, proportionality, and the precautionary principle; the formal and informal extension of the scope of impact assessment beyond the co-decision procedure; the question whether impact assessment crosses the line between informing the legislator and fettering legislative discretion. In the course of her analysis Dr Meuwese develops models for possible usages of IA in EU lawmaking, analyses the implementation of impact assessment processes in the European Commission, the European Parliament and the Council as well as the roles of relevant 'co-actors', and offers results of empirical research in the forms of a survey of EU legislative practice and in-depth case studies of four EU legislative dossiers.