Purpose

This independent blog collects news about projects or achievements in regulatory reform / better regulation. It is edited by Charles H. Montin. All opinions expressed are given on a personal basis.
Background on regulatory quality, see "Archive" tab. To be regularly informed or share your news, join the Smart Regulation Group on LinkedIn: 1,300 members, or register as follower.

21 March 2013

"Growth duty" and new code for regulators? (UK)

8 March press release: British Business Minister M. Fallon "launched two consultations to re-shape the way regulators work with business, so that upholding standards does not act as a barrier to growth and enterprise. Businesses and regulators are invited to contribute to the development of a proposed 'growth duty' for regulators - which will require regulators to take into account the impact of their activities on the economic prospects of firms they regulate.
A parallel consultation will seek views on an updated Regulators' Code - which removes uncertainty for businesses by clarifying what they can expect from those that regulate them, including accessible advice and methods of enforcement that are tailored to meet the needs of the business.

19 March 2013

UK "historic" deal on media self-regulation

British media are understandbly abuzz with criticism directed at the all-party agreement on a royal charter to create a new independent media regulator with powers to impose fines and demand prominent corrections, and empower courts to impose exemplary damages on newspapers that fail to join the body. The deal is said to have been finalised at 2.30 am on 18 March, in presence of representatives of the three parties and the phone hacking scandal victims Hacked-Off.
According to the PM, the new royal charter only sets up the body and criteria to recognise the regulator, and it remains a voluntary choice for the industry to decide whether to set up the system of independent regulation. If newspapers refuse to co-operate with the regulator, or set up a body that is not accepted by the new recognition panel, they will be more liable to exemplary damages in the event that they recklessly publish inaccurate stories (see informed comment by Hollywood Reporter). Newspapers have said they would seek legal advice. Owing to the difficulty of regulating the media while respecting the freedom of expression, it will be interesting to examine the final architecture of this new example of controlled self-regulation. See Guardian article for more.

South Carolina promises regulatory reform

According to Enviro-BLR.com, South Carolina is launching a review of current regulatory burdens on businesses which will lead to formulating recommendations to relieve those burdens. A new Regulatory Review Task Force created by Governor executive order will evaluate reports submitted by agencies that identify current and proposed statutes, rules, regulations, and policies that are a burden on the state's economy. To that end, all cabinet agencies must submit a written report to the task force by May 15. Stakeholders are invited to comment on current and proposed statutes and regulations or any other state statute, rule, regulation, or policy proposed or implemented that may unduly burden businesses or employers.

04 March 2013

Eurochambers working breakfast on admin burdens

 Announcement on the LinkedIn group: "08.03.2013, Brussels (BE) – EUROCHAMBRES Business Breakfast on top 10 burdensome EU Legislative acts for SMES: What's next?" with great speakers:  Jonathon STOODLEY (Head of Unit for Evaluation and Simplification, European Commission's Secretariat General) and Costas ANDROPOULOS (Head of Unit for Small Business Act and SME policies, European Commission's DG Enterprise). If I was in Brussels, I would go ! Registration online. Comments after the event for non-Brusselites welcome.

Red Tape on Charities (Australia)

One of the Australian Charities and Not-for-profits Commission's (ACNC's) statutory objects is to 'promote the reduction of unnecessary regulatory obligations on the sector' which comprises 56,000 charities. ACNC is an independent national regulator, set up in December 2012, primarily to reduce red tape by creating a “one-stop shop”. But since then, critics have said (according to the Financial Review) that the new regulator would be increasing, not reducing, burdens by creating an extra layer of bureaucracy; its action would b e limited by non-recognition of its status at sub-national level as it had been "established without an agreement from the states and territories to harmonise their laws governing charities and non-profits." Reacting to these claims, the Federal Finance Minister announced on 4 March that updated Grant Guidelines to be released in June 2013 will help reduce duplication and the time taken to provide information to federal government bodies and the PM has announced that she would write to state and territory leaders asking them to match the federal commitment (see News.com.au).

Consultation guidelines up for comment (France)

New, well drafted guidelines on consulting enterprises and professional organisations have been published for consultation by the French ministry of industrial recovery (deadline: 15 March). Once formally approved, this "Consulter pour mieux réglementer" manual could well become the French language reference for consultation. The draft offers itself as a complement to the "guide de légistique" which covers the legal requirements for issuing new regulation. It follows up on the Conseil d'Etat's 2011 status report on consultation "consulter autrement, participer effectivement." It breaks down the process in four stages from identification of stakeholders to feed back, which are handled in four practical fiches.

Bangladesh Gvt reluctant to adopt regulatory reform

Bangladesh does not rank well in the Doing Business index: 129th out of 185 economies, falling. Experts agree on the causes of this poor performnance: "lack of regulatory reforms, bureaucratic bottlenecks, infrastructure deficit, pervasive corruption and confrontational politics" according to an editorial in the B. Financial Express. A recent parliamentary initiative to create a "business caucus" to support reform, following the publication of a book suggesting to 'build partnership between parliamentarians and the private sector to modernise and update regulatory mechanism in Bangladesh' is not well received. 'The commerce minister does not agree'. For a long-winded explanation of this double-bind, which is at the root of the problem (no clear picture in the minds of the people in charge), try the Financial Express article dated 4 March.