Regulatory impact assessment and regulatory governance in developing countries

Regulatory impact assessment (RIA) offers the means to improve regulatory decision‐making and practice. RIA involves a systematic appraisal of the costs and benefits associated with a proposed new regulation and evaluation of the performance of existing regulations. So far, the adoption of RIA has been confined mainly to OECD countries. The purpose of this article is to assess the contribution that RIA can make to ‘better regulation’ in developing countries. Results from a survey of a small number of middle‐income countries suggest that a number of developing countries apply some form of regulatory assessment, but that the methods adopted are partial in their application and are certainly not systematically applied across government. The article discusses the capacity building requirements for the adoption of RIA in developing countries, in terms of regulatory assessment skills, including data collection methods and public consultation practices. The article also proposes a framework for RIA that can be applied in low and middle‐income countries to improve regulatory decision‐making and outcomes. Copyright © 2004 John Wiley & Sons, Ltd.     

Do Australian public sector employees have the type of culture they want in the era of new public management?

New public management theory proposes that public sector organisations should be managed more like private sector organisations. It is therefore expected that public sector managers will have preferences for an organisational culture that will reflect the culture of private sector organisations, with an external rather than internal orientation. The current research investigated the idea that managers' perceptions of ideal organisational culture would be different to the bureaucratic model of culture (internally oriented), which has traditionally been associated with public sector organisations. Responses to a competing values culture inventory were received from 925 public sector employees. Results indicated that the bureaucratic model is still pervasive; however, managers prefer a culture that is more external, and less control focussed, as expected. Lower level employees expressed a desire for a culture that emphasised human relations values.     

Committees in legislatures: A property rights perspective

Without the imposition of some institutional structure, a legislature is a non-exclusive resource, and legislators will have a tendency to overuse the resource and reduce its productivity. The committee system is a method for granting property rights over the legislature's agenda by subdividing the agenda and assigning each committee rights over a portion of the agenda. Just as common grazing ground could be more productive if it were subdivided and assigned to individual owners, the legislature is more productive if access to the agenda is subdivided and assigned to committees.Ownership rights to committee assignments are allocated based on seniority because this makes the rights more secure and therefore more valuable to their owners. In the United States Congress, the seniority rule replaced a system in which assignments were made at the discretion of party leaders. In the former system, legislators needed to expend effort to retain their assignments, which diminished their ability to use their assignments productively. Because individuals can use resources more productively if they do not have to be concerned about protecting their ownership interest, the seniority system enables the legislature to be more productive in producing legislation.     

Infanticide

The 1922 and 1938 Infanticide Acts ameliorated the judicial process with regard to women who kill their babies. It allowed both a charge other than murder and a less severe disposal than would be normally warranted by the offence, in cases where there was a mental imbalance attributable to the birth. It is shown that in recent years convictions for infanticide have been falling, and that this is true even when the decreasing birth rate is taken into account. This finding is discussed in the context of all infant homicides where the principal suspect is the mother. An examination of recent legislative proposals demonstrates the illogicality pertaining to the offence of infanticide and it is noted that there is no explanation given as to why mental disturbance related to childbirth should have different legal consequences from mental disturbance brought about by any other cause.The opinions expressed in this paper are those of the authors and are not to be construed as necessarily reflecting the views of the Department of Health & Social Security or of the Home Office. We would like to thank the Home Office Statistical Department for their much valued help in providing the statistics of homicide victims.     

Delayed ethanol analysis of breath specimens: long-term field experience with commercial silica gel tubes and breathalyzer collection

Delayed ethanol analysis was performed on breath specimens collected with commercial silica gel tubes using multiple Breathalyzer instruments. Eleven hundred and nine results were obtained from an ethanol testing program over a five-year period. Only 2.5% of the specimens had apparent collection errors. For the valid specimens, the most frequent result was 0.11 g/210 L and the mean result was 0.14 g/210 L. For 642 specimens, delayed results were compared with direct results. Direct results were greater than delayed results for 55%, less than for 27%, and equal to for 18% of the pairs. When fixed tolerance limits of +/- 0.03 were used, 81% of the direct results were confirmed. The confirmation percentage was best in the critical range of direct results, 0.05 to 0.15 g/210 L. The collection tubes showed no substantial variability in retaining ethanol during storage and releasing ethanol for analysis.     

Monitoring doctors' clinical competence: a Queensland focus

The medical profession is held accountable in numerous ways, many of which are concerned with clinical competence. However, while Australia's State medical boards are statutorily charged with protecting the public from incompetent practice, they have never instituted programs aimed at maintaining the standards of all practitioners. The article describes recent legislative changes and developments in undergraduate medical education, which aim to increase physicians' accountability in relation to competence, and compares developments in Queensland and other States with those in the United Kingdom, Quebec and New Zealand. The investigation of clinical incompetence as currently undertaken by the Medical Board of Queensland should, and will, be adopted in other States. However, responding to incompetence is necessarily piecemeal, and the article further argues that the States should develop inclusive revalidation strategies. Both the community and leading voices within the profession are demanding greater commitment to a self-regulation culture that is more transparent and has sharper teeth.