CIVIL SERVICE COLLEGE-UGANDA EVIDENCE BASED POLICY MAKING

Transcription

1 CIVIL SERVICE COLLEGE-UGANDA Centre for Excellence in Public Service Development EVIDENCE BASED POLICY MAKING FUNDAMENTALS OF POLICY MAKING AND THE POLICY CYCLE IN UGANDA

2 Learning Objectives Bytheendofthissession,participantsshouldbeableto: Describe the policy agenda setting in Uganda Outline key questions to consider in the policy making process Describe the policy decision making process in Government Explain the different Cabinet Memoranda Write Cabinet Memoranda 2

3 Session Outline Setting the policy Agenda in Uganda Questions to consider in policy making Legal and institutional framework for policy management Cabinet decision making process Writing Cabinet Memoranda 3

4 Quote Nearly all countries in the industrialized world have robust policy making structures and processes in place to guide their development. It has been argued by many that this culture of thinking through issues contributed to their ability to plan, predictand implementa whole range of policies that have resulted in productive economic arrangements and distribution of goods and services to the people. Nelly Marshal, IPAC, Canada 4

5 Government Policy Agenda A list of problems to which people inside and outside government are paying serious attention to at any given time. The NDP, , Election Manifesto or Party directives/caucus recommendations, The Budget Speech, State of the Nation Address, Strategic Retreats, Reviews & Weekly Cabinet directives, Public and pressure groups, Regional and International obligations (EAC, COMESA, WTO). 5

6 Sources of Policy Ministers, Partymanifestos, Parliamentary Committees, International commitments, African Union (AU) resolutions and directives, Pressure for change from professionals within a particular part of the public service, Researchevidence, Publicopinion Lobbying from the voluntary and community Planned review of existing policies. 6

7 Policy Considerations 1. What is our vision? 2. Who are the stakeholders? 3. What outcomes do the priority stakeholders want? 4. What mechanisms, systems, processes and changes does the vision suggest? 5. What'sthescopeofthisinitiative?Whatarewepreparedtodo? 6. Whatarewegoingtohavetoproduce? 7. Who needs to participate in the project? 8. Whatdoweneed fromothers?howbig arethesethings? Whatsequencedo theyneedtobedonein? 7

8 Policy Considerations 9. What resources do we have available? 10. What assumptions are we making? 11. What are the success criteria? 12. What are the pre-conditions of success? 13. What are the constraints? What are the barriers to success? 14. What are the likely consequences and side-effects of our success? Who/what is likely to be disadvantaged by our success? What are they likely to do that would cause problems? 15. What is the likely probability and impact of each risk? What should we do to reduce the probability and/or impact? What contingency arrangements do we need? 16. What's the plan? 8

9 The Institutional Framework Executive/Cabinet Legislature Judiciary Local Governments Ministries, Dept & Agencies 9

10 The Legal Framework The Constitution of the Republic of Uganda, 1995 (amended), The Local Government Act, 1997 and all existing laws, rules and regulations, Where there is inadequate legal provisions, Government through an Act of Parliament provides the necessary laws. 10

11 Cabinet Decision Making Process 11

12 Involving Cabinet When it represents new Government policy; When it represents a change in existing policy approved in a previous Cabinet decision; When it has significant financial implications for the Government; When it has significant implications for other Ministries; Requires new legislation; 12

13 Involving Cabinet Is a response to a report of a Committee of Parliament; Is a matter covered by international agreements; Is deemed to be an especially politically sensitive matter; Matters relating to the appointment to Boards of Parastatal bodies 13

14 Functions of the Cabinet Secretariat Supporting the development of policy capacity across Government. Supporting line Ministries in developing capacity for policy analysis. Preparing the Public Service to manage transitions in government. 14

15 Functions of the Cabinet Secretariat Supporting the political leadership in the translation of its election Manifesto into policies and programs for implementation. Secretariat responsibilities (gate keeping and challenge functions) in support of the Cabinet. Supporting Cabinet in monitoring the implementation of its decisions. 15

16 Policy Review and Scrutiny Ministries, Departments and Agencies review. Cabinet Secretariat vets all draft Cabinet Memoranda. 16

17 Policy Review and Scrutiny When a policy proposal has financial, legal or personnel implications, the sponsoring Ministry must obtain a certificate from the MFPED, or MJCAorMPS. A Cabinet Policy Memorandum without such a certificate will not be placed on the agenda of Cabinet. The Budget Act requires that a new Bill be accompanied by its indicative financial implications on both revenue and expenditure. 17

18 Types of Cabinet Submissions The substantive Cabinet memorandum. The Cabinet information paper. 6 categories of Cabinet submissions 18

19 Types of Cabinet Submissions i. Approval of Principles for new laws (Bills); ii. Approval of Draft Bills; iii.approval of national and sector policy proposals (those that may not result into or require legislation); 19

20 Types of Cabinet Submissions i. To Inform Cabinet (Information Papers); ii. Approval of Statutory Appointments; iii.ratification of Protocols, Treaties, Conventions, Agreements, etc.; 20

21 Format of Standard Cabinet Papers Papers to Cabinet should: Be concise, coherent and logical; Beasshortaspossible,; Be written in plain language; Not assume the reader has expert knowledge; Bestructuredsothatthekeyissuesstandout; 21

22 Format of Standard Cabinet Papers Avoid detailed lists- summarise instead; Use charts and diagrams where they can assist understanding; Have clear recommendations where the decisions needed can be easily and logically assessed; Use appendices to include detailed information that is vitaltothe 22

23 Format of Standard Cabinet Papers Background information: Abriefexplanationofthereasonsforthepaper; Reference to previous Cabinet(quote the Cabinet minute reference or, Cabinet committee minute reference of the decision; and A summary of developments. Always include the reference of the Minute being quoted. 23

24 Format of Standard Cabinet Papers Main Body of the Submission Should provide the details required for Ministers to understand the proposal. The emphasis should be on the analysis highlight the options considered and make a justification for the proposed option. 24

25 Format of Standard Cabinet Papers Focus on essential information and arguments that support the recommendations and facilitates good decision making. Lengthy, complex and detailed arguments may not be read or understood. State the need for the proposed changes and, as appropriate, set out alternatives and arguments for and against. Make sure the key issues stand out. Break this section up with headings if required 25

26 Consultation Format of Standard Cabinet Papers Departments, stakeholders, outside interests, group Consensus and contentious issues. Specific requirements by law and comment on any controversial aspects. Consultation intended after decisions are made. 26

27 Statutory Requirements Certificate of Financial Implications (Costs, financing arrangements, sustainability, benefits). Legislative implications. Format of Standard Cabinet Papers Regulatory Impact Assessment (RIA). Communications Strategy 27

28 Format of Standard Cabinet Papers Recommendations Set out clearly unambiguously Logical order Alternatives. Stand alone clear options. Recommendations are converted into a minute (Cabinet's decision), Each recommendation must be supported by a statement (s) in the body of the paper. report back, Approval "in principle" (state further work or consultation required) 28

29 Format of Standard Cabinet Papers In summary, good recommendations: Identify all of the decisions needed; Contain a minimum of noting recommendations; Are accurate in every detail; Don't leave any room for doubt about what is being decided; 29

30 Format of Standard Cabinet Papers Make sense independently of the paper; Set out clear options for Ministers to decide between, if necessary; Give clear instructions on the next steps or work required, identifying who is to do the work and by when; and Rescind earlier decisions, where necessary. 30

31 Examples of decisions sought from Cabinet At the next convenient meeting of Cabinet, I will request my Colleagues to: -Note... -Agreethat... Agree in principle, subject to the further work requested in paragraph 4, that... -Directthe -Approve... -Authorise... -Defer... -Decline... Rescind the decision referred to in paragraph 11; and insteadagree... 31

32 Cabinet Extract Implementation Institutional mandates (systems, process, frameworks) Work plans and activities Reporting requirements 32

33 Implementation Reviews Evaluations Dissemination and Feedback 33

34 An Effective Plan 34

35 Adequate Financing 35

36 Communications Plan 36

37 Monitoring & Evaluation Matters Arising Quarterly Reports Cabinet Paper Information Papers 37

38 Thank You 38