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RIA in Mauritius<br />
Following a joint public-private sector initiative<br />
between the International Trade Division of the<br />
Ministry of Foreign Affairs, Regional Integration and<br />
International Trade and the Mauritius Chamber of<br />
Commerce and Industry, capacity building sessions<br />
were held for public and private sector officials in<br />
conducting RIA. The project was funded by the EU-<br />
ACP TBT Programme and two foreign Consultants<br />
trained about 30 public officials and 20 representatives<br />
from the private sector in conducting Regulatory<br />
Impact Assessment. The Consultants also undertook<br />
RIA on specific legislations in Mauritius including the<br />
proposed legislation to ban plastic bags.<br />
The training was followed by a sensitisation<br />
workshop for senior officials in the public sector on<br />
the importance of conducting RIAs particularly with<br />
regard to legislations that impact on businesses. A<br />
manual incorporating the guidelines to conduct RIAs<br />
in Mauritius was also published and submitted to<br />
participants.<br />
Implementation of RIAs in Mauritius will certainly<br />
assist the policy-makers in taking informed decision<br />
by assessing the efficiency of a proposed policy<br />
and the cost-effectiveness of its instruments. By<br />
improving the basis used to compare the costs and<br />
benefits of different regulations, RIA can help to<br />
establish regulatory priorities across regulations and<br />
regulatory areas. Allocating resources from lessefficient<br />
regulations to more-efficient regulations will<br />
certainly improve effectiveness and reduce the cost of<br />
government action.<br />
the quality of policy decisions.<br />
When should RIA be<br />
used?<br />
RIA should always be undertaken<br />
prior to a decision to regulate. It is<br />
initiated at the earliest possible stage<br />
so as to assess the likely impacts of<br />
the proposed legislation on business<br />
and/or the society as a whole.<br />
In practice, it may be cumbersome<br />
to carry out RIA on every single<br />
piece of legislation. It is therefore<br />
recommended to undertake RIA<br />
for selected legislations based on<br />
specific criteria which may include<br />
trade regulations, laws affecting<br />
minorities, norms and codes of<br />
conduct with expected large impacts,<br />
and regulation issued by a specific<br />
government agency, amongst others.<br />
It is also important to carry out<br />
RIA where an existing legislation<br />
is being supplemented by new<br />
regulations. In such circumstances,<br />
RIA should be undertaken to focus<br />
on the costs and benefits of the<br />
“RIA is not a substitute<br />
to decision making but<br />
is best used as a guiding<br />
instrument to improve<br />
and enhance the quality<br />
of policy decisions.”<br />
requirements of the new regulations.<br />
Who undertakes RIA?<br />
In some countries that have already<br />
adopted a system of Regulatory<br />
Impact Assessment, the process<br />
is undertaken by the Ministry<br />
responsible of the proposed<br />
legislation. In other countries, a unit<br />
commonly known as the Office of<br />
Best Practice is set up under the<br />
purview of the President or Prime<br />
Minister to carry out RIA on specific<br />
legislations which is then sent to the<br />
Minister directly involved with the<br />
proposed legislation and to other<br />
members of parliament. The RIA is<br />
also sent to all stakeholders involved<br />
in the process.<br />
Conducting RIA may not be<br />
applicable or relevant for several<br />
cases including budget, automatic<br />
increases in fees, emergency<br />
legislation (for example, measures<br />
introduced after floods, natural<br />
calamities), repeal of existing<br />
legislations that have become<br />
redundant, consolidation of existing<br />
legislation that do not affect the<br />
substance of the main Act, security<br />
legislations and criminal legislations.<br />
Vivagen AMOOMOOGUM<br />
Analyst- Trade Division<br />
17