Better regulation inside government
From 2007 and onward, the better regulation agenda has been extended to cover a programme on better regulation inside government.
The methods developed for the programme have focused on engaging public sector employees and addressing issues that matter to them. At the same time, the methods have provided a unique basis for political decision-making, which has already led to substantial results.
Better regulation inside government is seen as a means of addressing upcoming demographic challenges, maintaining fiscal sustainability, and improving public services. The programme on better regulation inside government helps to achieve these goals by decreasing the amount of time spent on paperwork and administration, and giving local management more autonomy and scope for professional discretion.
The first result of the programme is a comprehensive reform proposal presented to the Danish Parliament in October 2009. The reform proposal consists of 105 specific proposals concerning eight central welfare areas in municipalities and regions, e.g. public schools, nursing homes, day care centres, and hospitals. It is estimated that the reform will remove regulatory requirements equivalent to 900 million DKK (120 million €) in municipalities and regions. A reform proposal for the internal workings of central government institutions is soon to follow. In the latter reform proposal, the areas in focus are budgetary and financial administration, human resource administration and property administration.
Methods used in the programme for better regulation inside government
The programme on better regulation inside government is based upon an innovative and systematic methodology that consists of three new interrelated methods: ‘Scans’ and ‘Right to Challenge’ engage front line personnel, local managers, and local institutions in developing specific proposals for simplification. ‘Mapping and Measuring’ provides information about the time spent on administrative tasks by front line personnel and their perception of these tasks. This information can be used to focus the programme, initiate in-depth analyses, and set reduction targets. Thus, the three methods provide the necessary basis for decision-making at the political level. The figure below illustrates the methodology, and how the three methods interrelate.
The approach in the programme on better regulation inside government is broad in the sense that it is not limited to regulation and legal rules, but includes the interaction between legal rules, work flows, ways of organisation, IT-systems, and reporting practices as well.
The three systematic methods:
• Scans: This method identifies specific problems and possible solutions by engaging local managers and employees through interviews and focus groups.
Interviews and focus group sessions are conducted in an inductive manner in order to obtain as much information as possible. A scan is concluded by a conference with the participation of local managers and front line personnel from across the country as well as central civil servants. At the conference, the specific suggestions from the focus group sessions are further developed and discussed. Another important outcome of the conferences is the learning processes and mutual understandings between the central and local level.
• Right to Challenge: This method develops new suggestions for the removal and improvement of existing regulation by experimenting with alternatives to existing regulation.
Public institutions (e.g. hospitals, schools, day care centres or nursing homes) can challenge existing regulation by applying for an exemption. These applications are first reviewed by the local municipal or regional board. The board can then decide to approve of the application if it relates to local regulation, or forward the application to the relevant ministry if it relates to central regulation. Exemptions are given for a certain period of time and evaluations are subsequently carried out in order to assess whether or not a general simplification should be implemented.
• Mapping and Measuring: This method provides information to focus efforts on better regulation.
The method consists of several phases. First, the actual tasks that a group of front line employees are mapped out, e.g. the tasks of doctors and nurses in hospitals, teachers in public schools, day care workers in day care centres, or personnel in nursing homes for the elderly. Second, the tasks are linked to regulation. Third, the time spent by front line personnel on the specific tasks is measured - as well as the employees’ perception of these tasks. Finally, the results are analysed and presented in a uniform fashion that makes the facts broadly accessible and enables comparison between welfare areas.
The method differs from the SCM-method, as its starting point is all the tasks that are carried out by a specific group of front line employees, irrespectively of the regulatory origin of the tasks – instead of focusing on specific regulatory requirements and the tasks generated by these requirements.