Operation Of The Regulatory Reform Act

Follow-up to 3rd special report of session 2001-02 'The handling of regulatory reform orders' (HCP 1272) (ISBN 0215006054)

Follow-up to HCP 908 session 2002-03 (ISBN 0215013646) published November 2003

The Legislative and Regulatory Reform Bill contains provisions to increase the scope of regulatory reform powers (following a review undertaken by the Better Regulation Task Force) in order to tackle red tape and unnecessary regulatory burdens, building on the powers of the Regulatory Reform Act 2001. The Committee examines the provisions of the Bill as brought to the Lords in May 2006 (HLB 109, session 2005-06; ISBN 0108422399) which it finds to have been changed significantly since the Bill was first introduced into the Commons in January 2006. Although the Committee finds that the Bill proposes the greatest delegation of power to Ministers that it has seen, it does not find the regulatory reform provisions inappropriate, although it questions whether the 2001 Act could not itself have been amended. The provisions relating to consolidation, simplification and implementation of Law Commission recommendations are found to be unsuitable for delivery by delegated legislation and it is suggested that primary legislation subject to special procedure would be a better option to legislate for such purposes.

Government reply to 1st special report, session 2004-05 (HCP 273, ISBN 021502169X)

The United States has been a world leader in regulatory reform for a quarter century. Contrary to popular belief, the United States is not less regulated than other countries, but differently regulated due to the pro-competition policy stance of federal regulatory regimes, and the openness and contestability of regulatory process. Far-reaching economic deregulation combined with efforts to improve the quality of social regulation have supported the construction of one of the most innovative, flexible and open economies in the OECD, while maintaining health safety and environmental standards at relatively high levels. However, significant regulatory problems still exist. Improving the performance and cost-effectiveness of expensive social regulations and government formalities is a key challenge for regulatory quality. In a word, the challenge of regulatory reform in the United States is not how much regulation, but how good. The United States is one of the first OECD countries to request a broad review by the OECD of its national regulatory practices and domestic regulatory reforms. This report--the result of intensive assessment by the OECD and review by its Member countries--is unique in that it presents an integrated assessment of regulatory reform in framework areas such as the macroeconomic context, the quality of the public sector, competition policy and enforcement; and integration of market openness principles in regulatory processes, and in sectors such as electricity and telecommunications. The policy recommendations present a balanced plan of action for both short and longer-term based on best international regulatory practices.

Canada, one of the OECD’s strongest economies, has a mature, effective and innovative system of regulatory governance closely linked to the government’s public policy goals. Canadians attach growing priority to health, safety and the environment, and seek a balance among economic, competitiveness and social goals. This is a demanding agenda: in international trade – a major driver of the economy – Canada needs to maintain a careful balance between bilateral and multilateral liberalisation efforts. Further work is needed to improve the effectiveness of the single internal market. Competition policy needs to make a much stronger contribution to regulatory reform and market openness. Despite a positive policy shift, some important sectors are protected through import and foreign ownership restrictions. The recently launched government’s Innovation Strategy is expected to make a major contribution to address these challenges. Canada is one of many OECD countries to request a broad review by the OECD of its regulatory practices and reforms. This review presents an overall picture, set within a macro-economic context, of regulatory achievements and challenges including the quality of the public sector, competition policy and market openness. It also assesses progress in the telecommunications sector. The background material used to prepare this report is available at: www.oecd.org/regreform/backgroundreports In the same series: Regulatory Reform in the Czech Republic Regulatory Reform in Denmark Regulatory Reform in Greece Regulatory Reform in Hungary Regulatory Reform in Ireland Regulatory Reform in Italy Regulatory Reform in Japan Regulatory Reform in Korea Regulatory Reform in Mexico Regulatory Reform in the Netherlands Regulatory Reform in Poland Regulatory Reform in Spain Regulatory Reform in Turkey Regulatory Reform in the United Kingdom Regulatory Reform in the United States The policy starting point for these reviews is presented in the OECD Report on Regulatory Reform: Synthesis, and the supporting two-volume OECD Report on Regulatory Reform: Sectoral and Thematic Studies, published in 1997.

In the past 20 years, few reforms of the public sector have received more attention, and stimulated more controversy, than the reforms made to regulation making and regulatory management. The rise of regulatory policies -explicit policies aimed at continuously improving the quality of the regulatory environment -- shows how early notions of "deregulation" or "cutting red tape" quickly gave way to a central "good governance" notion. This notion is based on an understanding of how regulatory practices can substantially improve market performance, public sector effectiveness and citizens’ satisfaction, through a mix or deregulation, re-regulation and better quality regulation, backed up by new or improved institutions. Regulatory Policies in OECD Countries documents the development and emergence of that understanding. It describes the "state of play" in the regulatory policy agenda in OECD countries, and identifies the key challenges facing regulatory practitioners in the future.