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Rachel Holloway, Senior Adviser, SIGMA 27 February 2014, Ankara

Citizens’ Power to Accountability in Public Management and

Service-EU Examples

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Outline of the talk

1) Who are SIGMA?2) The unwritten chapter of the acquis? –

public administration?3) The role of policy making tools as a

mechanism for accountability and providing public participation

4) Raising awareness of citizens and encouraging participation in decision making

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1. Who are SIGMA?

• SIGMA is a joint initiative of the OECD and the European Union (EU) that helps countries to strengthen their public governance systems and capacities of people working in those governments.

• We assist countries in transition to meet their aspirations for a free-market economy, a stable democracy and the rule of law, and help them demonstrate their readiness to either join the EU or create a closer relationship with the EU through free movement and trade.

• SIGMA is part of the Directorate for Governance and Territorial development of the OECD. We are funded by the European Union and the Organisation for Economic Co-operation and Development.

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SIGMA’s areas of expertise

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Who are SIGMA?

• We provide assistance in five areas: (1) civil service and public administration organisation and functioning; (2) policy making; (3) public finance and audit; (4) public procurement; (5) strategy and reform.

• We work with two groups of countries: Turkey and 7 Western Balkans countries, financed through

the Instrument for Pre- Accession Assistance (IPA) 11 countries of the European Neighbourhood, financed

through the European Neighbourhood and Partnership Instrument (ENPI).

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2) What is public administration in the EU context?

• Various definitions: Translation of politics into government policies The management of public programs Implementation of government policy The study of government decision making, the analysis of the

policies themselves, the various inputs that have produced them.

• Public administration is a domestic matter for EU Member States. National public administrations have to implement EU directives and recommendations in such a way that European citizens are able to enjoy the rights granted to them by the EU Treaties, irrespective of the country in which they live.

• This is why the EU looks to ensure that each national administration has comparable quality and professionalism, and therefore at the administrative capacities of their Member States.

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Meeting the requirements for EU membership

• This is the "acquis” - these rules are divided into 35 different policy fields (chapters), such as transport, energy, environment, etc., each of which is negotiated separately.

• “The EU operates comprehensive approval procedures that ensure new members are admitted only when they can demonstrate they will be able to play their part fully as members”: complying with all the EU's standards and rules having the consent of the EU institutions and EU member

states having the consent of their citizens – as expressed through

approval in their national parliament or by referendum.

No formal chapter on public administration – horizontal and cuts across all chapters: running of a country to fulfill the strategic intent of government e.g. rules of government, co-ordination of ministries.

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What is Public Management/Administration in the EU context?

• The EU accession criteria, as defined by the Council of the European Union encompasses four main elements: Copenhagen 1993: stability of institutions guaranteeing

democracy, rule of law & human rights; Madrid 1995: adjustment of administrative and judicial

structures to be able to transpose EU Law & effectively implement it;

Luxembourg 1997: institutions strengthened, improved & made more dependable;

Helsinki 1999: obligation of candidate countries to share the values and objectives of the European Union as set out in the Treaties.

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3) Putting this in context Government action = behavioural

change

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Reducing Crime

Encouraging Saving for Pensions

Reducing environmental impact

Promoting educational success

Creating a healthier society

Providing safety nets (e.g. unemployment benefit, health care)

Providing some public goods

Raising revenue

General administration

Government activity requiring some form of behaviour change

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Integrating this into policy making

• Good policy making requires the assessment of the likely costs and benefits and the associated risks to the public, private or civil society organisation, the environment and wider society over the long term.

• Policy makers should use of a range of tools to help them think through and understand the need for, and consequences of, proposed policy interventions and assist the Government in weighing up relevant evidence on the likely impacts of such interventions and consult with those affected.

• (Regulatory) Impact Assessment is one such tool, which can be used to achieve this. It provides a framework to systematically work through issues such as analysis of different options, budgetary implications and consideration of the implications of European integration. Owing to its importance, the development of an impact assessment system is considered a crucial part of a country readying itself for EU accession and membership.

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Why consult? • Strengthens the information basis of the proposal

Helps to identify actual consequences and impacts

Seeks active engagement in discussing data and other information

• Increases citizens participation

Highlights potential problems and opposition

Raises awareness of future regulation

Increases legitimacy of final proposals

Builds trust

Creates ownership and boosts compliance• Raises the transparency of decision-making

Provides clear decision making processes

Communicates to citizens why decision has been made• Reduces the risk of unintended consequences• Improves implementation

Will the proposals work on the ground?

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Consultation and RIA

Consultation is:• a structured way to ask for relevant

information from people who would be affected (directly or indirectly) by the measure under examination or are knowledgeable about its effects

• a research method to gather quantitative data and opinions

• Method of promoting transparency & public participation

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Consulting for policy making

Development

Options

Consultation

Final proposal

Enactment

Evaluation

Who should be involved? What MinistriesWhich NGO? Citizen panels? Firms?

- Are there data gaps? - Who can help to fill

them?- Who should you speak

to discuss how likely the options are in delivering the anticipated impact

What level of consultation is required?Is it proportionate?Who can help?How should we consult?

How have we amended the options to reflect response?How have we used data supplied to feed back into RIA?

Have we fully communicated changes made to citizens as well as Ministers?

Communicating with citizens,

clearly setting out evidence provided

through consultation

You should be working with

different groups to

collect information to

inform the evaluation of

impact.

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Using consultation to improve accountability

Good for business:“It’s wonderful that we can have one authority, which can efficiently ensure all our brasseries are run to the same standard” Brasserie Blanc Managing Director John Lederer.

Good for public servants:"We can see many benefits of this partnership - not least being able to work closely with businesses, support economic prosperity and protect our communities by ensuring public health and safety is as good as it should be." - Wakefield Council Leader Peter Box.

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The accountability cycle: citizens > politicians > policy makers > parliament > citizens “The best Impact Assessments are providing valuable information to help Parliament and the public judge the merits of proposals.” National Audit Office 2010“[Impact Assessments] These are a vital part of the process of parliamentary scrutiny.” European Union Committee: Fourth Report. IA in the EU: room for improvement? March 2010

• IAs go through several stages as the proposal is developed, resulting in an initial IA when the proposal is being formulated, a partial IA which forms part of the consultation process with Parliament.

• By facilitating Ministerial and parliamentary scrutiny of regulation and subsequent evaluation of whether regulation has achieved what was intended, IAs help establish accountability for the policy and legislative making process.

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The UK trend of policy making

• The problem: “Whitehall has a virtual monopoly on policy development, which means that policy is often drawn up on the basis of too narrow a range of inputs and is not subject to rigorous external challenge prior to announcement” 

• The solution: “Open policy making will become the default. Whitehall does not have a monopoly on policy making expertise.” UK Civil Service Reform Plan, 2011

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The future of policy making [in the UK]

• Two key components:

1) Citizens can challenge existing regulation: Red Tape Challenge - launched in 2011 to open government up to the public. Designed to promote open discussion of ways in which the aims of existing regulation can be fulfilled in the least burdensome way.

2) Share data about things that affect peoples’ lives: open data promotes economic growth, inclusive development and improved citizen engagement, and empowerment.

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EUOpen data

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Interpreting data

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Imagine that Turkey is preparing for an unusual disease which is expected to kill 600,000 people. Two alternative programs to combat the disease have been

developed

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If program A is adopted 200k people will be saved

If program B is adopted there is a 1/3 chance 600k people will be saved and a 2/3 chance no one will be saved

If program A is adopted 400k people will die

If program B is adopted there is a 1/3 chance no one will die and a 2/3 chance 600k people will die.

2 programmes The consequences

72%

Source: Kahneman and Tversky (1981) ‘the framing of decisions and the psychology of choice’ Science

28%

78%

22%

Which do you choose?

Framing of information can affect decision making

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Policy interventions can have unintended consequences…

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A fine is a price…

Source: Gneezy and Rustichini (2005) The Second Day-Care Center Study

Fine removed

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Conclusions

• Public administration as the unwritten chapter of the acquis

• Policy making tools are an effective mechanism for enabling accountability and providing public participation Consultation is enshrined in Impact Assessment process [R]IAs provide useful input into Parliamentary consideration of

proposals Technologies are being used successfully to hold governments to

account and driving choice and improvements in its provision of services to the public

Email: rachel.holloway@oecd.org