Project Title

APEC Peer Review on Public Consultation Initiatives 

Project Year

2017   

Project Number

EC 04 2017A 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

EC 04 2017A 

Project Title

APEC Peer Review on Public Consultation Initiatives 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

APEC Support Fund 

Sub-fund

ASF: Renewed APEC Agenda on Structural Reform (RAASR) 

Project Year

2017 

Project Session

Session 1 

APEC Funding

139,035 

Co-funding Amount

4,000 

Total Project Value

143,035 

Sponsoring Forum

Economic Committee (EC) 

Topics

Structural Reform 

Committee

Economic Committee (EC) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Malaysia 

Co-Sponsoring Economies

Australia; Thailand; Viet Nam 

Expected Start Date

01/06/2017 

Expected Completion Date

31/08/2018 

Project Proponent Name 1

Zahid Ismail 

Job Title 1

Director 

Organization 1

Malaysia Productivity Corporation 

Postal Address 1

Block A, PJ8, No 23, Jalan Barat, Section 8, 46050 Petaling Jaya, Selangor, Malaysia 

Telephone 1

Not Applicable 

Fax 1

Not Applicable 

Email 1

zahid@mpc.gov.my 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Zahid Ismail 

Project Summary

In APEC, public consultation is imperative to promote APEC’s key role which is to facilitate trade and investment in the Asia Pacific region. Many APEC economies conduct Public Consultation prior to formulating business regulations and to a certain extent before engaging in Bilateral or Multilateral trade and investment negotiation. This project aims to:

· Exchange information and lessons learned by compiling Public Consultation initiatives within APEC economies; and

·  Provide recommendations to volunteer APEC economies on implementing more effective Public Consultation through the Peer Review Mechanism. 

In summary, the project consists of three activities. The first is to construct a “Compendium” of Public Consultation initiatives of volunteer APEC member economies under a common format which reflects the diversity of approaches that could be adopted by member economies.  This Compendium would serve as a basis for information sharing on Public Consultation initiatives. The second element is a Peer Review where volunteer APEC economies’ public consultation mechanism will be reviewed for improvements. This will involve interviewing people from relevant Ministries, policy makers, business community and others on their Public Consultation initiatives. Thirdly, a two-day workshop will be organised to disseminate the outcome of the project. All key stakeholders will be invited to share their experiences, present case studies and share best practices in the subject area.

Relevance

This is a rank 1 project that demonstrates a direct link to promoting regional economic integration via free and open trade and investment, in particular to Structural Reform and the implementation of the RAASR IAP. As stated in the Leaders’ Declaration 2016, this project sets to honour commitments to important domestic structural reforms in which structural reforms can be applied flexibly depending on domestic circumstances and macroeconomic situation. The project also supports the Ease of Doing Business in ways thatPublic Consultation improves the quality of rules and regulations and also improves compliance and reduces enforcement costs for both governments and the private sector. Public consultation gathers information to facilitate governments in formulating sound policy decisions. The use of other policy tools, particularly RIA, removing unnecessary regulatory burdens and the weighing of alternative policy tools, has resulted in consultation increasingly being used to collect empirical information for analytical purposes, measuring expectations and identifying non-evident impacts and policy alternatives when taking a policy decision. Good public consultation strengthens the relationship between regulatory authorities, policy makers, business communities and interested parties from the public. It also increases buy-in by all parties affected by the policy and reduces the risk of implementing ineffective or overly burdensome policies. 

This project sets a platform for volunteer economies to undertake a peer-review on Public Consultation. Both developed and developing economies will be invited to partake in this initiative. Through this peer review mechanism, volunteer economies will have the opportunity to identify gaps in how they conduct Public Consultation. Addressing these gaps will assist APEC economies in applying Good Regulatory Practices and improving indicators measured by the World Bank, APEC, OECD and other relevant International Organisations. It will also support Public Consultation reforms which will improve the formulation of Business Regulations. Another scope of the project is the compilation of Best Practices in Public Consultation where developed and developing APEC economies are invited to Share their Best practices and governance in conducting Public Consultation. This information is relevant for both developed and developing economies, as different economies have different approaches in implementing public consultation. 

Public consultation particularly supports APEC’s broad goal of quality growth because it helps governments design better policies and regulations that do not impose unnecessary costs on business and the community nor inhibit competition. It also helps social inclusion ensuring all voices are heard and opinions considered. Of the four thematic priorities identified in Lima, developing skills in public consultation will particularly contribute to Regional Economic Integration and Quality Growth, and the Modernization of Micro, Small and Medium-sized Enterprises (MSMEs). For example, by consulting with MSMEs policy makers can better understand the particular ways in which regulation unnecessarily impedes their development. However, public consultation is an important tool in reaching any objective because it provides policy makers with insights as to unforeseen risks and impacts, may produce better ideas for achieving the objective, as well as indicate the level of support for any proposal.

Objectives

This project aims to:

·  Exchange information and lessons learned by compiling Public Consultation initiatives within the APEC economy; and

. Develop recommendations for voluntary APEC economies on implementing more effective Public Consultation measures through the Peer Review Mechanism which will result in more effective regulations and regulations which minimise adverse effects on others.

Alignment

This project supports the RAASR IAP plans for Malaysia and APEC economies from 2016-2020. It also addresses the elements of the Second Phase of the EODB initiative. Strengthening the understanding of Public Consultation Mechanisms will assist APEC economies in their efforts to encourage deeper participation by all segments of society, as well as promoting more open, well-functioning and transparent markets.  It will also paves way to sustainable social policies as this initiative will push for a more people centric policies by ensuring their engagements in the process. 

This project is aligned with the work of the Economic Committee which focuses on making improvements to institutional frameworks, regulations and government policies so that the efficient functioning of markets is supported and behind the border barriers are reduced.

TILF/ASF Justification

This is a project implemented as part of Malaysia’s commitment on the Renewed APEC Agenda for Structural Reform and responds to the call for APEC economies to strengthen their Good Regulatory Practices. Malaysia will welcome other APEC economies to participate in this initiative both the peer review and the compilation of best practices of public consultation initiatives in whichever approach that is flexible for economies to participate.

Beneficiaries and Outputs

Outputs: 

1) Compendium of Public Consultation initiatives of volunteer APEC member economies under a common format which reflects the diversity of approaches that could be adopted by member economies;

2) Peer Review report that assess public consultation mechanism of APEC volunteer economies;

3) Two-day workshop to disseminate the outcome of the project. All key stakeholders will be invited to share their experiences, present case studies and share best practices in the subject area; and

4) Develop recommendations for voluntary APEC economies on implementing more effective Public Consultation measures through the Peer Review Mechanism which will result in more effective regulations and regulations which minimise adverse effects on others. 

Outcomes:

a) The major outcome of this project is to identify the gaps in the implementation of public consultation in in formulating business regulations. For Malaysia we will measure the outcome through the Improved public consultation ratings- published by World Competitiveness Yearbook (WCY) report which addresses transparency of government policy and improved capacity of policy makers to conduct public consultations in the rulemaking process;

b) Better analysis of regulations which impact on business. In designing new regulations or reviewing existing ones, public consultation assists policy makers as follows:

i) Identify additional stakeholders to those originally identified by the policy makers, ie all those who will be affected. For example, impacts on the business being directed regulated may be clear but impacts on input suppliers or users may not be. Consultation with these businesses will help identify unforeseen impacts;

ii)  Better identify the types of impacts and their size;

iii) Identify the less evident risks, including factors which may be addressed and thus included the effectiveness and efficiency of the regulation;

iv) Consulting with businesses and others who will be consulted leads to better regulatory options; and

v) The information gathered may lead policy makers to either abandon the proposed regulation because the overall costs outweigh the anticipated benefits.

c) More transparent policy making and improved participation by stakeholders.

Beneficiaries:  

Output

Ideal/Target participants

  Benefits(how they will use and benefit)

Compendium

APEC member economies particularly participants as follows:

·  Public sector (e.g. officials from ministries and regulatory agencies)

·  Peer review team

·  Gain knowledge on best existing practices as benchmarks and lesson learned to improve their public consultation initiatives

·  A basis for peer review team to assess public consultation mechanism

volunteer peer review

Ministries and regulatory agencies who are involved with public consultation or regulatory impact analysis (RIA) from APEC member economies with an emphasis on volunteer  APEC peer review economies

-  Enable the performance of economies in public consultation initiative to be compared with best practices(benchmarking exercise).

-  Identify areas for improvement   

Workshop

APEC member economies particularly participants as follows:

·  Public sector (e.g. officials from ministries and regulatory agencies)

·  Private sector (e.g. businesses, traders and commerce associations)

·  Academia, civil society and interested parties

-  Gain knowledge and capacity to conduct better public consultation

-  Assist policy makers to formulate and implement effective public consultation.

-  Assist policy makers who are involved with the regulatory impact assessments (RIA) to come out better policy making and administration results in better outcomes for the business community and the public

- Assist private sector, academia, civil society and interested parties to provide insight and influence government regarding their public consultation initiatives

-  It will fulfil part of the APEC wide initiatives as recorded in the APEC Services Competitiveness Roadmap (ASCR) in which it was highlighted to develop a set of good practice principles on domestic regulations in the services sector.

Dissemination

The number, form and content of any publications: The reports and workshop materials will be published electronically at the APEC website. The electronic publication will include compendium report, peer review assessment and PowerPoint presentations of experts. The PO will cover the expenses of publication of the compendium report and will share with APEC economies. An editor to proofread will be appointed to finalise the documents.[A1]

The target audience: The target audience includes policy makers from various government agencies, academia, business community, and non-government organizations (i.e NGOs who are strong proponents of government and citizen engagement. i.e: In Malaysia we have Institute for Democracy and Economic Affair (IDEAS).

Dissemination Plan: Member economies will be invited to disseminate results of the workshop with their respective agencies and business communities through their websites and through social media. All organizations, academia and other participants involved in the workshop will also be invited to share information on the workshop and its outcomes with their professional networks. 

APEC Intellectual Property, Publications, Logo and Sponsorship (if any) will be followed in the reports that will be produced under the project.

Project overseer will encourage the APEC Secretariat, participants and interested non-participants to share it (and any workshop outcomes) with their professional networks including through social media.


 [A1] The contractor will resume additional role as the editor. This will be included in the TOR.

Gender

Project objectives and benefits have targeted both women and men. APEC travel eligible economies will be encouraged to nominate a balance of women and men to participate in the workshop and peer review activities. 

As part of Malaysia’s commitment to gender inclusivity Malaysia will invite the participation from Ministry of Women, Family and Community Development and its NAM Institute for the Empowerment of Women (NIEW). They will also be invited to share their experiences on public consultation initiatives in drafting policies. 

NIEW will be consulted on the proposal to nominate women participation for the workshop. In this regard, the project aims to achieve at least 30 - 50% women participation.

Work Plan

Timeline

Key Activities

Outputs

June – July 2017

Selecting and finalizing public consultation peer review volunteer economies

-  Finalised APEC volunteer economies for public consultation peer review.

-  Identified panel of experts for peer review team

August – October 2017

Preparation and pre-peer review

-  Defined scope and structure for organizing the process of conducting the peer review.

-  To establish a peer review team. Proposed members are the speakers with technical expertise on the subject matters. This is to facilitate the review and substantive discussion.

-   Developed evaluation guidance and tools such as template/format for reviewer to assess and reporting.

-  Compendium  of public consultation initiatives by volunteer APEC economies.

-  A workshop with the team of peer reviewers.

-  Template of response will be discuss by experts before the workshop

November 2017 – February 2018

Conducting peer review

-  Interviews with key stakeholders.

-  Copies of all information public consultation practices given by volunteer economies.

-  Completed written comments from each reviewer.

March – April 2018

Post peer review and preparation for completion workshop

-  Peer review report with compilation of best practices.

-   Summary feedback on the peer review process.

May 2018

Organizing the workshop in Kuala Lumpur.

-  The report of the project outcomes to be shared with APEC member economies. Outcomes include a listing of the best practices on governance, strategies and techniques in implementing effective and efficient public consultation.

Risks

Risk 1: Difficult to get the participation of volunteer economies for the Peer review

Mitigation:

·  Malaysia will be the first economy to undertake this exercise. Malaysia will invite APEC economies to participate in peer review initiative. The PO will conduct the early engagement with possible volunteer economies to allow them sufficient time to work the request through appropriate areas for agreement. Malaysia will engage with interested economies eg. Australia before August. However, in the case that are no participants we encourage them to share their best practices in public consultation through the compilation of the compendium. Malaysia will publish this and share it with APEC economies as base for future work;

·  Using close connections with ASEAN countries to informally encourage them to participate. Could refer to work already done with them on Reducing Unnecessary Regulatory Burdens and that this Peer review will focus on building the capacity to conduct consultations and identify best practices in other countries which may assist them; and

.  Australia has excellent public consultation practices. For example, the Productivity Commission does this extensively when conducting its inquiries, and federal and state agencies administer RIA requirements to ensure all those affected by a regulatory proposal are consulted. While Malaysia would welcome Australia's full participation in this review, it may be possible to use existing published reviews to identify Australia's best practices. 

Risk 2: Unavailability of speakers/experts

Mitigation: Work closely with co-sponsors and relevant International Organisation (i.e OECD) to identify several alternatives of experts

Risk 3: Not all experts/speakers provide presentations in a timely manner

Mitigation: Project overseers and co-organizers to work closely with speakers to ensure timely submission

Risk 4: Participants/speakers do not show up or cancel at the last minute

Mitigation Project overseers will be in close contact with speakers and participants throughout the process to minimize any last minute cancelations. If there are any cancellations, the PO will seek the advice from APEC Secretariat to offer to other travel eligible economies to send a third participant.

Risk 5: Finalisation of the Compendium is delayed

Mitigation: Project overseer will closely monitor progress with the consultant and control the financial disbursement (via APEC Sec.) to avoid delays.

Monitoring and Evaluation

Indicators of whether objectives have been met, include:

·  Short survey of participants at the end of workshop - All the peer reviewer, speakers and participants contributing to the workshop of public consultation peer review will be requested to provide feedback on the outcomes initiative and whether the workshop objectives have been met.

·  All economies are invited to share their best practices, however the PO will target at least 5  best practices identified economies to be compiled in the compendium.

·  The number of recommendations given to participant countries and whether the countries accept the recommendations as useful

·  After completion of the project, Malaysia will table the outcome of the project in the Economic Committee Meeting.

·  Malaysia will be the first economy to undertake peer review recommendations. At present there will be one economy.

·  The participation gender will be recorded and included in the administrative circular. As part of our commitment Malaysia will try to ensure that a balance invitation to both men and women is recorded during the workshop. There will be a specific mentioning on gender participation in the administrative circular.

·  3-5 strategic recommendations will be proposed to the economies which have undertaken the peer review. That is targeted figure, in which the actual figure will be determine by the outcome of the peer review.

·  Feedback will be gathered through google form and the feedback of the workshop will be reported to Economic Committee meeting.

·  POs will report the outcome at the SOM FotC Connectivity.

Linkages

Engagements with relevant International Organisations such as OECD will be done intersessionally to get the latest developments of the relevant work done with regards to Good regulatory practices and Public Consultation. This project will study the past outcomes of previous projects such as Improving Public Consultation Mechanism and will build up on through the compilation and the peer review mechanism.

Past economies i.e Indonesia, Mexico will be invited during the workshop to share past outcome of their respective project. Some of the lesson learns and discussions will be included in the recommendation report.

The outcome of this project will be tabled at the APEC Economic Committee meeting. The compendium will be published and made available on the APEC website for public reference.

Sustainability

Field

Planned Actions

Participants / Responsibility

Expected outcome / output

Timeline

1.      Workshop to Discuss Best Practices on Public Consultation implementation

·   Platform for economies & industry to share their best practices and initiatives taken to strengthen and enhance their public consultation mechanism and governance to good regulatory practices.

·   The outcome of the peer review will also be shared during the workshop.

Malaysia (Malaysia Productivity Corporation) interested economies

·   Public : Government bodies and agencies

·   Private : Businesses, associations and trade commerce, academia and NGOs

·  To come out with a report on outcomes of the public consultation workshop including the best practices and initiatives taken by APEC economies to enhance their quality of public consultation implementation.

·  Prepare Concept Note and proposal.

· Workshop will be held in May 2018.

· Prepare report on workshop and list of best practices before SOM3 2018.

2.      Development of peer review public consultation program

· Development of guidance and tools for peer review and adopting all the best practices identified during the workshop.

·        Conducting peer review with volunteer economies

(subject to voluntary economies)

Malaysia and other interested economies to undertake peer review. In the case of no participant we kindly seek APEC economies support by sharing their best practices in public consultation through the compilation of the compendium.

·  Complete guidance and tools for public consultation peer review.

·  A report on APEC peer review outcomes including compilation of public consultation

·  The template will be developed by August 2017.

·  The peer review will commence in Q4 2017-Q1 2018.

3.      Implementation of selected best practices of public consultation mechanism

·        Implementation of tailored (best practices) mechanism.

Malaysia

·   Progress of public consultation reform will be report to Accountability Framework for APEC Wide Actions under APEC Services Competitiveness Roadmap Implementation Plan (2016-2025). Wide action 4: Develop a set of good practice principles on domestic regulations in the services sector.

2018 - 2025  

4.      Post Assessment / Review

·  Measure the outcome of the project.

Malaysia

·  Report on the project outcomes at the EC 2/2018 in PNG.

·  A follow-up survey will be conducted to measure the impacts of the projects and its progress after the project is successfully carried out

·  One of the main elements of the report to APEC Services Competitiveness Roadmap Implementation Plan is changes of public consultation mechanism.

Project Overseers

Mr. Zahid Ismail
Director,
Productivity & Competitiveness Development Division
Malaysia Productivity Corporation (MPC)
Tel:  +603- 7960 0182
E-mail: zahid@mpc.gov.my

Mr. Mohammed Alamin Rehan
Senior Consultant Smart Regulation
Productivity & Competitiveness Development Division
Malaysia Productivity Corporation (MPC)
Tel:  +603- 7960 0173
E-mail:alamin@mpc.gov.my

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

The project overseer has identified a suitable contractor (subject to approval by APEC Sec.). The contractor proposed has formalised knowledge and experience in the subject of Public Consultation and Good Regulatory Practices.

Waivers

Waivers are sought for the following: 

a) Participants from travel-eligible APEC economies to receive per-diem and advance payment for the workshop;

b) 8 speakers and 1 contractor to receive per-diem and advance payment for the workshop. They are chosen from APEC economies with potential to discuss the work on public consultation governance and their good regulatory practices. The PO seeks a waiver to fund more than 6 speakers; and

 c) OECD will be invited to share the present work on public consultation and its development.

Are there any supporting document attached?

No 
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Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

Proposal Status

Originating Sub-Forum

Approval Status
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