Reading the transcripts of the confirmation hearings it is clear that the next Commission is going to be different from the next.
From the many commitments given by Commissioner-designates, there are going to be a lot more legislative proposals being put forward.
One constant is that many of the proposals are going to still go through the Better Regulation process and the need for impact assessments.
It is obvious that not all proposals will go pass the Regulatory Scrutiny Board. There is simply not enough time. A lot of secondary legislation won’t go to the RSB, but significant delegated acts, implementing acts and RSP measures will. They’ll be a minority, but an important minority.
If you want to influence try a Shadow Impact Assessment
A lot of people claim they are in the business of influencing European Public policy and development of proposals. Over 20 years, I have seen a lot of things being peddled. In that time, there is an obvious tactic that most avoid.
You can prepare a shadow impact assessment at the ‘ideation’ phase to feed in early and frame the debate. Good public policymaking needs good data, evidence and solutions. Every time I have done it or persuaded a client to do so, it’s been key to their future success.
I think the best way is to run the shadow impact assessment is to mirror the Commission’s own questions and model. They spell it out in their Guidelines and Handbook.
You may want to start commissioning your impact assessment now, wait for the first work programme in early November, or wait for the Commission launching their own later this year. I’d start now.
You may want to get the very same technical consultants to prepare your impact assessment.
When you have the study, and you can live with the results, you should hand it over.
If you can’t live with the results, bury the report, and get ready for when the facts come out.
There is an important caveat. You have to hand over the impact assessment, warts and all. If you go for selective editing and remove anything that’s not good for you, you are going to get caught out, and your case destroyed.
When you interview impact consultants ask them one simple question:
“If I asked you to change the results if I don’t like them, what you say?”
To anyone who is open to bury the bad news, ask them to leave.
Having your own impact assessment filed away will help you provide credible data and evidence when the Commission launch their own impact assessment. It’s important to send your information in before the machinery has started to move, and at the latest, very early on soon after.
Too often, people bring their contribution to the table too late in the day. The Inter-Service Group’s thinking is firmed up, they are finalising the report, and you send in your submission late in the date. It happens too often. Better still, take your shadow impact assessment to the ISG just as they start work. Maybe your ideas will wash off on them.