new mechanism to make better laws

cjm
Talks too much

Posts: 50,465

new mechanism to make better laws Sept 7, 2016 8:24:15 GMT

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Post by cjm on Sept 7, 2016 8:24:15 GMT

We have a new mechanism to make better laws — but it is not working

Governments routinely squander resources and erode liberty by passing laws without prior evidence that they are likely to be effective. They neither want nor get feedback on real world consequences. The machinery of government is designed to make laws regardless of need or impact. Legislatures legislate, executives execute and judiciaries adjudicate. There is no institutionalised error-correction. None of the three branches of government has an organ of state designed to monitor the extent to which intentions materialise. None of the institutions of government is designed to identify and repeal or reform failed measures, which partly explains the conspicuous incompetence of governments.

It also explains why regulatory impact assessments were invented. Socio-Economic Impact Assessments (SEIAs) became mandatory in 2016. It could be one of the most important developments in our history, yet scarcely anyone knows it happened. Hitherto, laws were passed at the behest of bureaucratic or political whim without objective evidence of probable or actual consequences.

We now have a SEIA Unit in the planning department to ensure that SEIAs precede laws and policies. About 120 have been done. Few have been released and all were done by the worst people to do them, officials with selfish bureaucratic interests.

Last Edit: Sept 7, 2016 8:25:08 GMT by cjm

White lives do not matter

cjm
Talks too much

Posts: 50,465

new mechanism to make better laws Sept 8, 2016 7:06:40 GMT

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Post by cjm on Sept 8, 2016 7:06:40 GMT

As far as I can gauge, the authority for the cost-benefit analysis is not statutory. Presumably it is founded on internal directives and the like.

Socio Economic Impact Assessment System (SEIAS)

In South Africa, Cabinet decided on the need for a consistent assessment of the socio-economic impact of policy initiatives, legislation and regulations in February 2007. The approval followed a study commissioned by the Presidency and the National Treasury in response to concerns about the failure in some cases to understand the full costs of regulations and especially the impact on the economy.

To implement the Cabinet decision, from 1 October 2015 Cabinet Memoranda seeking approval for draft policies, Bills or regulations must include an impact assessment that has been signed off by the SEIAS Unit. Cabinet Memoranda have been reviewed for departments to include information generated by the SEIAS in the recommendations. In addition, the Memoranda provide for a summary of the main findings of the final impact assessment as well as annexing a full report (refer to the Presidency Guide for the Drafting of the Cabinet Memoranda ). Policies and Regulations that are internally signed by Ministers should also be subjected to SEIAS.

The implementation of SEIAS is overseen by an Interdepartmental Steering Committee made up of Senior Officials of the Presidency (Cabinet Office), DPME, Economic Development Department, National Treasury, Department of Trade and Industry, Department of Environmental Affairs, Department of Labour, Department of Public Service and Administration,Department of Social Development, State Security and the Chief State Law Advisors. The Steering Committee is intended to provide guidance and support and to oversee the implementation of SEIAS. DPME will be responsible for the establishment of a SEIAS unit to ensure the implementation, quality control and capacity support for SEIAS across government. It will be responsible for ensuring that the guidelines and templates are regularly updated and it will support the institutionalisation of the new system.

Here are the guidelines (pdf download).

The  guidelines  should  make  it  possible  to  conduct at  least  an  initial,  mostly  qualitative  assessment of a proposed law or regulation.

Apart from any other considerations, of what value is a *qualitative assessment*. Surely one is looking for more than that. As it is, legislation is most often based on qualitative assessment by parliament. Does one really need another mechanism to perform the same task?

Still, it is a good idea, probably initiated by the Mbeki-presidency.

Last Edit: Sept 9, 2016 5:08:42 GMT by cjm

White lives do not matter

cjm
Talks too much

Posts: 50,465

new mechanism to make better laws Sept 9, 2016 5:25:14 GMT

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Post by cjm on Sept 9, 2016 5:25:14 GMT

Some idle speculation.

One wonders what the status of the guidelines is as regards *we the fools*.

Assume that a law is adopted by parliament where the original bill is accompanied by a faulty, incorrect, deceptive assessment. Would it be possible to argue that the legislative process was flawed and that the legislation can be disregarded?

Consulting Administratiefreg (Wiechers, Butterworths, 1973, p156 ff) and Administrative Law (Baxter, Juta, 1984, p 200 ff) the idea does not seem too far fetched.

White lives do not matter