Establishing Regulatory Impact Assessment in Mauritius

5. Action plan to establish RIA within Mauritius

Abstract

Based on the analysis and recommendations presented earlier in this report, the OECD has developed an action plan outlining the four priority areas for reform and with concrete actions for establishing a robust RIA framework in Mauritius. The action plan provides a timeline and key milestones for rolling out this programme of work. It also indicates the responsible entities for the various actions proposed under each priority. Moreover, it will also help to assess progress made in delivering the new RIA framework.

Key priorities and actions for implementation

 

Action	Description	Responsible entities	Timeframe (short/medium/long term)
Priority 1: Ensure political commitment and buy-in for RIA
1.1	Develop a whole-of-government policy on regulatory quality, including RIA, clearly allocating responsibilities and operational duties throughout the regulatory process. including: Development of a legal mandate requiring ministries to carry out RIA and defining oversight institutional architecture [Cabinet’s approval, RIA Act] Set-up of an Inter-Ministerial RIA committee [Cabinet’s approval] Establishment of RIA office Establishment of the basic elements and steps of the RIA that ministries have to follow [In RIA Act, Circular Note to all Ministries] Definition of the scope of RIA including which ministries and what types of legislation are included. Development of a set of regulatory quality principles.	Prime Minister’s Office1	Short term
1.2	Run an outreach campaign to clearly communicate the goals and relevance of RIA	Prime Minister’s Office	Short term
1.3	Clarify and systematise stakeholder engagement practices as an integral part of RIA process, including: Requirement that proposals must undergo consultation embedded in the legal mandate establishing RIA. Develop guidelines for officials on different types of stakeholder engagement practices. Systematic training to officials on stakeholder engagement techniques. Draft proposal and RIA made available for consultation for a minimum period of time. Feedback by ministries on the results of the consultation process. Published RIA document providing stakeholders with detailed and substantive information.	RIA office	Short term
1.4	Develop a RIA consultation website that: Centralises and includes all regulatory proposals and RIAs under consultation. Allows regulated parties to send comments, which are published, Allows ministries issuing regulation to reply to the comments.	RIA office	Medium term
Priority 2: Establish robust governance for RIA in Mauritius
2.1	Put in place an effective regulatory mechanism that ensures critical oversight functions of quality control, coordination, and guidance, advice and support. During early stages, prioritise: 1) co-ordination and promotion of a whole-of-government, concerted approach to regulatory quality, and 2) provision of guidance, advice and support on the RIA process (including capacity building). Progressively develop the “challenge” functions of regulatory oversight (3), focus on friendly advice at first.	Prime Minister’s Office for (1) RIA office for (2) and (3)	Short term for (1); short to medium term for (2) and (3)
2.2	Ensure Parliament’s active involvement in the RIA process by means of information and awareness raising actions to ensure that MPs are both willing and able to use RIA results as part of their work. Set up a dedicated parliamentary committee to assess the evidence base underpinning regulatory proposals and request adjustments as appropriate.	Prime Minister’s Office, National Assembly	Short term for information and awareness raising; Medium term for creation of dedicated instance
2.3	Develop and implement a systemic approach to enable and foster appropriate co-ordination and management of the RIA process, including by developing a “RIA” community of practice and designating a network of RIA officers to act as focal point for RIA-related matters	Prime Minister’s Office/Inter-Ministerial RIA committee, RIA units in line ministries	Short term for establishment of basic coordination mechanism; Medium to long term for community of practice and RIA officers’ network
2.4	Improve the predictability of the regulatory process by establishing a forward planning system	Prime Minister’s Office, line ministries	Short- to medium term
2.5	Monitor and evaluate the outcomes and performance of Mauritius’ RIA system.	RIA office Inter-Ministerial RIA committee	Medium- to long-term (ongoing)
Priority 3: Establish a RIA process
3.1	Establish a basic RIA process based on best practice and taking Mauritius’ specificities into account.	RIA office	Short term
3.2	Develop a RIA template in order to effectively communicate the results, including introducing assessed options & their costs and benefits, and justifying preferred option.	RIA office	Short term
3.3	Select a clear and well-targeted RIA methodology that can be adapted over time. Start with a qualitative approach such as multi-criteria analysis. As a first step towards greater quantification of regulatory impacts, assess costs to business such as administrative burdens. Commit to using Cost-Benefit Analysis in longer term.	RIA office	Short term for initial qualitative approach Long term to adopt quantitative methodology
3.4	Define clear processes and criteria to ensure a proportionate approach to RIA. Established a principle of proportionality within new RIA policy. Develop a triage process using a set of criteria to determine which regulatory proposals need to undergo a RIA. Consider using more analytical threshold approaches in longer term.	RIA office	Short-term for proportionality principle and triage process. Long term to adopt more detailed threshold criteria
3.5	Develop and start implementing a comprehensive data strategy comprehensive data strategy, as part of the RIA policy, to make sure that relevant data are available for RIA.	RIA office	Short to medium term
3.6	Develop implementation, enforcement and compliance strategies, including: Establish systematic consultation with representatives of inspection agencies in the process of developing regulations. Update RIA Handbook with guidance on the appropriate tools to be used when implementing regulations to ensure compliance. In longer term, develop a government-wide policy on improving regulatory enforcement and inspections, as part of Mauritius’ broader regulatory policy.	RIA office Prime Minister’s office and Inter-Ministerial RIA committee for developing a government-wide policy on improving regulatory enforcement and inspections2	Short term to establish systematic consultation with inspection agencies. Medium term to update RIA Handbook. Longer term to develop a government-wide policy.
Priority 4: Ensure the development of relevant RIA-related capacity over time
4.1	Plan and organise RIA training for relevant government officials and other stakeholder groups as appropriate – including by ensuring awareness and understanding of RIA handbook and guidance.	RIA office	Short to medium term
4.2	Update and, if needed, expand RIA handbook and guidance.	RIA office	Long term
4.3	Implement accountability- and performance-oriented arrangements in accordance with Mauritius’ legal and administrative context	Prime Minister’s office and Inter-Ministerial RIA committee	Medium term
4.4	Develop a software-based, “calculator-like” tool to assist RIA development.	RIA office	Medium to long term

Note: Short-term measures: < 1 year; medium-term: < 3 years; long-term: > 3 years.

1. This as well as subsequent references to the Prime Minister’s Office in this action plan should be understood as potentially involving, to some extent, the Ministry of Finance and Economic Planning – so the latter’s relevant expertise (e.g. in the context of the budgetary process) can be capitalised upon.

2. Bodies with experience in implementing and enforcing regulations as well as accreditation and conformity assessment bodies, such as the Mauritius Standards Bureau, the Mauritius Tourism Authority, the Mauritius Fire and Rescue Service and the Mauritius Revenue Authority should be consulted.