Dr. Mohammed Haitham Salman Represents ME-Alliance at the 2024 Abu Dhabi Government Legal Affairs Forum
November 19, 2024
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ME-ALLIANCE LEGAL UPDATE
Circular No. (2) of 2024 Regarding the Public Policy Guide in the Emirate of Abu Dhabi
The Abu Dhabi Executive Office recently issued Circular No. (2) of 2024 regarding the General Policy Guide in the Emirate of Abu Dhabi. The preface of this circular states the following:
“In order to unify the concept of public policy among government entities, define its scope, and establish a regulatory framework for the preparation and evaluation of implementation tools, ensuring these tools align with the government’s vision and strategy, and based on the approval of the Government Affairs Committee, you are required to adhere to the attached General Policy Guide.“
This circular cancels the previous Circular No. (2) of 2021 concerning the regulatory framework for public policies in the Emirate of Abu Dhabi.
The guide details, in a progressive and logical manner, the steps for preparing public policies, starting from identifying the problem or challenge to be addressed, and ending with a comprehensive evaluation of the outcomes and results of the policy.
Although the current guide is similar to the canceled one in terms of addressing the same proposals, ideas, and steps, the new guide stands out for its clear and simple language. It notably uses concise paragraphs to explain some steps, especially the stages of quantitative evaluation of options and implementation process.
Overall, the guide presents an updated vision and new tools, which will positively assist policymakers in developing mature and well-considered policies.
Below is a brief summary of the key contents of the guide:
Developing effective public policies is a systematic process that involves several key steps to ensure that the policies are informed, feasible, and in the public interest.
The first part of the guide provides an overview of the concept of public policy and its tools, defining public policy as: “a set of rules or guidelines issued by a government entity within the framework of exercising the competencies and powers assigned to it by the founding or organizing legislation, aimed at solving a problem, seizing an opportunity, or implementing a vision or strategy set by the government, with a statement of the methods to be adopted for this purpose.”
The second part of the guide outlines the detailed procedural steps involved in the public policy preparation process. Specifically, it describes four main steps, each subdivided into detailed stages, collectively ensuring the development of a policy based on objective foundations and clear, precisely defined goals. These steps will be presented in as much detail as possible.
First, Preparing the agenda:
At this stage of policy preparation, the problem or challenge that the public policy aims to address is diagnosed. Diagnosing the problem involves identifying its nature, size, underlying causes, and the extent to which government intervention is necessary to address it.
To understand the nature of the challenge, it’s crucial to determine the significance of the problem—whether it is critical of medium importance, or of low importance. This involves identifying the affected groups, how they are impacted, the causes of the problem, the likely location of the issue, and the stakeholders who should be involved in discussions about the nature and solutions for the problem.
Diagnosing the problem also requires understanding its scale, impact, and contributing factors through available statistical data and information. At this stage, a deep analysis of the statistical figures is necessary to understand their implications.
It is also essential to provide sufficient justification for government intervention and assess the need for a government initiative to address the challenge/problem. This involves answering several key questions, such as:
• Is there a legal basis for government intervention?
• Does the size of the problem warrant government intervention?
• Does the scope of the initiative fall within the exclusive jurisdiction of the concerned government entity?
• Are there economic, regulatory, social, or environmental justifications that could underpin a government initiative?
This stage concludes with the identification of the initiative’s or public policy’s objectives. These objectives should be carefully selected based on specific criteria, including:
1. Alignment with the overall strategy
2.Involvement of stakeholders
3.Being specific, measurable, achievable, and time-bound.
Second ; Evaluating the impact and design:
At this stage, it is crucial to explore the best possible methods and approaches to address the problem or challenge. This involves identifying a range of options and conducting a thorough and precise evaluation to determine the most suitable ones based on the following criteria:
1.Strategic alignment
2.Feasibility
3.Social and economic impact
The available options for addressing the problem vary depending on its nature and can be divided into regulatory options (such as laws, regulations, and rules) and non-regulatory options, which may be financial or awareness-based.
In evaluating the available options, reference studies, studies of similar experiences in other countries, and behavioral science mechanisms are all useful tools in identifying the most suitable options, aiding in the overall design of the initiative.
It is important at this stage to involve all stakeholders in the evaluation process to ensure that the options align with their orientations, competencies, and long-term vision.
Qualitative evaluation alone may not be sufficient to determine the list of options, making quantitative analysis necessary. This involves creating a list of potential impacts, then ranking these impacts by importance to focus on them during the analysis.
The analysis involves identifying appropriate measurement indicators and documenting the results. The results typically focus on the size of the impact, the affected sectors, the number of affected individuals, the number of affected areas, and the duration of the impact.
After conducting both qualitative and quantitative evaluations and narrowing down the list of options, the detailed design phase begins. This involves selecting the best tool for policy implementation (regulatory or non-regulatory), finalizing the implementation plan, and establishing a monitoring and evaluation plan.
This stage also includes setting policy objectives, performance indicators, the frequency of data collection, and the target audience. Completing the final design requires outlining the completion phases, the policy’s timeline, and the interconnections with stakeholders.
Finally, it is essential to identify the entities responsible for policy implementation, the associated accountability mechanisms, the advisory bodies, and those responsible for preparing reports.
Third ; Implementation phase:
This is one of the most crucial stages in the public policy lifecycle, where the policy is put into actual practice and its directions, and the effectiveness of the adopted policy tool are tested.
The implementation process begins with preparatory activities, which include engaging with stakeholders, launching awareness and orientation campaigns about the policy/initiative, establishing governance for policy performance, and emphasizing implementation requirements.
Following this, the initiative is launched. At this stage, it is essential to ensure that appropriate plans are in place for risk management, performance monitoring, and reporting.
Fourth ; Monitoring and evaluation:
This is the final stage in the public policy lifecycle, where the policy’s performance is monitored, its impacts are tracked, and the results are evaluated and analyzed using the data obtained during the monitoring process.
The guide emphasizes the importance of the policy evaluation stage for learning and drawing lessons, as well as for upholding the principle of accountability. This stage tests the effectiveness of the policy and the efficiency of the chosen tool, evaluates the impacts, and compares them with expectations and previous analysis results.
An effective evaluation process requires clear plans for data collection, whether qualitative or quantitative. The collected data, once analyzed, will be used in the comprehensive evaluation of the policy.
An effective evaluation requires:
• Examining the available evidence base.
• Defining the purpose of the evaluation (such as the initiative’s impact on the public, risk identification, measuring progress, or its influence on future decision-making).
According to the guide, the evaluation process concludes with the publication of the results and notifying stakeholders or the public, if appropriate, to benefit from and build upon the findings.
Standardizing the mechanisms and regulations for public policy making will create harmony and consistency among all public entities in the Emirate of Abu Dhabi, ensuring that public policies align with the emirate’s strategic vision.
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