Policy and Regulation Website
Willie Lewis
This article is a progress update on what we have been calling the "regulatory portal". The Regulatory Policy team is developing a policy and regulation website for launch in early 2006. The website will sit on the public sector intranet [link to New Zealand E-Government Programme website]. It will provide text on and links to information and tools useful to analysts when developing regulatory policy. For example, there will be guidance on consultation, design of regulatory institutions, problem definition, and analysis of costs and benefits.
During December and January we will be thinking carefully about how the site should be structured (headings and menus) and which documents should be available when the site is launched. We will test different structures, headings and menus with analysts in MED and other departments. We are yet to decide on the name of the site, and welcome any suggestions.
We will develop the website further after its launch. New information and tools will be added as they become available.
If there are any topics or documents you think should go on the website, please contact Willie Lewis at TheRegulatoryReview@med.govt.nz. We are very keen to hear from you.
Watch this space.
Update on Regulatory Policy Team Projects
RIS/BCCS Guidelines
Earlier issues of the Regulatory Review have noted that the Regulatory Impact Analysis Unit (RIAU) is updating the guidelines for undertaking regulatory impact analysis and preparing Regulatory Impact and Business Compliance Cost Statements. This document will be released following Cabinet's consideration of proposals to amend the RIS requirements, which is expected to take place in March 2006. In the meantime, prospective RIS authors should consult our Hints and Tips Sheet for a summary of the guidance material or contact the RIAU directly for further information.
Cabinet Paper on Changes to the RIS Regime
As you may be aware, the RIAU circulated a Cabinet paper to departments earlier this year. The paper recommends, amongst other things, that the RIAU's mandate be changed so that it formally reviews all RISs for proposals that have an impact on business. We have delayed sending this paper to Cabinet because of its request to defer submitting non-urgent papers. The paper will be circulated again to departments early in 2006.
The United Kingdom's Regulatory Impact Assessment regime
Mark Jones and Ashley Tomlinson
In August 1998 it became a requirement in the United Kingdom that regulatory impact assessments (RIA) be carried out for certain proposals and be recorded in writing.
The table below illustrates some differences and similarities between the UKRIA regime and New Zealand's RIS regime.
One interesting difference is that RISs are only prepared for Cabinet decisions, but RIAs are prepared for decisions of Cabinet, Ministers, and government departments.
| |
New Zealand |
United Kingdom |
| When is a RIS/RIA required? |
A RIS is required for all policy proposals that are submitted to Cabinet and will result in government Bills or statutory regulations. |
An RIA is required for all proposals that will have impacts on businesses, charities, or the voluntary sector, whether the proposal is regulatory or non-regulatory. |
| Which RISs/RIAs must be formally reviewed? |
All RISs for proposals that have compliance cost implications for business. |
All RIAs. |
| What is the RIS review body? |
The Regulatory Impact Analysis Unit, which is based in the Ministry of Economic Development. |
Regulation Units, which are based in each main UK Government Department, review all RIAs from within their Departments. Each RIA is then sent to the Better Regulation Executive, which is based in UK Cabinet Office, for the final check. |
| When must a RIS/RIA be prepared? |
A RIS must be prepared at the time "in principle" or final decisions are required from Cabinet. |
An initial RIA should be prepared at the time the policy idea is generated. Building on this, a partial RIA should be prepared for consultation. After consultation, a final RIA should be prepared when agreement to the proposal is sought and for the Parliamentary process. |
| Are implementation and review covered in the RIS/RIA? |
No - an implementation and review section is proposed. |
Yes - RIAs have a section for each of these topics. |
| Are there special sections in the RIS for particular types of impacts? |
If the proposal has compliance cost implications, these are discussed in the Business Compliance Cost Statement, which sits at the end of the RIS. |
The competition checklist (a list of questions that must be answered) must be completed to determine the impacts of proposals on competition.
The rural policy checklist must be completed to determine any disproportionate impacts on rural areas. |
RIS/BCCS Training
One of the key functions of the RIAU is to provide training on writing RISs and BCCSs. RIS training will be particularly useful if you are new to policy development or may be required to draft a RIS in the future. To enquire about RIS training, contact Elizabeth McDonald on 04-470 2311 or at ris-bccs@med.govt.nz.
RIS Publication Requirements
The Cabinet Step-By-Step Guide requires that all RISs that contain a BCCS be:
- attached to the press statement announcing the new policy;
- lodged on the websites of the responsible department and MED; and
- included in the Explanatory Note to Bills that are introduced into the House of Representatives.
If you have any questions, contact Elizabeth McDonald on 04-470 2311 or at ris-bccs@med.govt.nz.
Information on Writing RISs and BCCSs
Visit Regulatory Impact Statements / Business Compliance Cost Statements.
Editing, Design and Layout
Willie Lewis and Will Murray.