PDF How To Make Effective Legislative Proposals: The Jamaican Legislative Process

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Follow Us. Skip to main content. Personal Commercial. Offence Management Policy and Procedure. Customs House Weekly. What does it mean to repeal and replace the Customs Act? How will it benefit you?

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The new Act will allow for the following: Improved transparency — use of modern terms, increases the ease with which the legislation is read and understood Improved dispute resolution — provision of administrative appeal processes for Customs decisions. Increased predictability — introduction of advance rulings.

Increased facilitation for compliance with customs processes — persons will benefit from added facilitation re: processes and clearance times. Benefits of the New Legislation: The legislative proposals are intended to achieve the following: Promote socio-economic development and assist with the creation of the conditions for economic growth.

Facilitate the efficient processing of Customs-related transactions. Aid in protecting local businesses and the international supply chain from unfair international trading practices, smuggling of goods, under-invoicing, fraud and intellectual property rights infringement. The procedure for money Bills differs from that for ordinary Bills. These estimates are debated by the House in committee.

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Government of Jamaica. Photo of the day. Click to view more. Latest stories. Reviews of the quality of legislative proposals are based on the current legal system, the rules of the profession and the multiannual practice created in the work of the GLO. When the proposal is very complex, the GLO participates in the selection of the most appropriate legal solutions as well as the proper formulation of legal text in the regulations, either individually or as a part of a working group.

When obliged by the Government, the GLO in co-operation with the regulatory body makes the appropriate adjustments and corrections in the draft regulation. The final quality control check and compliance with all the opinions expressed in the drafting process are carried out at weekly meetings of the expert task forces and ministerial co-ordination committees within the Government.

Representative of the GLO attends these meetings and, if necessary, provides additional opinions on the legal bases and the correctness of the regulations. The GLO also reviews the issues of the legal system development and issues of constitutionality and legality of a particular regulation in co-operation with the proposers. The GLO representatives provide professional education and training in regulatory drafting, where civil servants are educated about how to draft constitutional and legally correct regulations.

This means that legislative proposals from MPs, parliamentary parties and other legitimate proposers are not obliged to follow up with the RIA law.

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The general purpose of RIA in the Croatian legislative framework is to consider regulations or alternatives to encourage the business environment, strengthen the rule of law and reduce the costs of implementing the regulations. At the same time, the RIA law requires that central state administrations ensure the protection of human rights and fundamental freedoms, personal and political freedoms and rights, social and cultural rights. The specific objectives of RIA process are to ensure openness and transparency of the legislative process, identify obstacles to entrepreneurship and encourage co-operation and inter-departmental co-ordination in the process of legislative drafting.

Central government bodies appear to follow the laws and regulations on RIA closely. All primary laws are posted with a RIA online as part of the consultation process.

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It is clear that the RIA programme is well established in Croatia. However, a number of representatives did not believe that RIA was influencing the decision-making process. First, many regulatory decisions are made outside of the legislative planning activities, so once the initial RIA is underway, the decision to regulate has been made.

In addition, certain ministries reported that proposers did not consider their input or feedback on the costs to businesses when designing regulations. Unfortunately, central government bodies generally only give sparse details on the impacts of proposed laws. A lack of technical expertise in RIA may result from a combination of factors, including a lack of permanent training on RIA and a lack of competitive wages in the public sector to attract and keep talent.

However, a key remaining challenge will be to improve the technical quality and usefulness of RIA. The Strategy sets out a vision, mission and three strategic goals for further development of the regulatory impact assessment from to Vision: A modern legislative framework that supports the development of civil society promotes entrepreneurial freedom and ensures the rule of law.

Mission: Ensure the drafting of quality legislative proposals by consistently applying the regulatory impact assessment with the analysis of direct impacts and participation of the public concerned. Ensure the implementation of the legislative procedure by drafting legislative proposals in accordance with the applicable regulations in the area of regulatory impact assessment.

Ensure the administrative capacity of central administrative bodies to effectively evaluate the regulatory impact assessment when drafting legislative proposals. Ensure the openness and transparency of regulatory impact assessment procedure in advocating public opinion and the public concerned when drafting legislative proposals. In addition to the vision, mission and objectives, the strategy also outlines what resources will be needed to meet the goals of the strategy. As mentioned, the RIA process and strategy does not cover subordinate regulation — an area that may still contain heavy administrative burdens or regulatory impacts — or subnational authorities see Chapter 8 for more discussion on regulatory policy at the subnational level.

The RIA Law and its associated regulation sets out three important aspects of RIA process: annual planning of government legislative activities; implementation of full RIA stage for those legislative activities that have significant directs impacts; and the process for legislative activities submitted outside of the annual plan. According to the RIA Law, the Government shall adopt a Legislative Activity Plan containing all draft legislative proposals that are envisaged to be approved during the proscribed period.

A full RIA is required in cases when there is:. The established combinations are reported for each of the direct impacts of the draft legislative proposal in the Initial RIA form. If a full RIA is required, the state administration body carries out the following:. The head of the state administration body may set up a working group to draw up the full RIA form and a draft legislative proposal. A public presentation and public consultation of the full RIA and a draft law should be conducted for at least 30 days. At the same time as the public consultation, the full RIA form is submitted to the competent authorities and the GLO for an opinion.


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Following consultation, the full RIA form is again submitted to the GLO for approval and the draft legislative act is submitted to the competent authorities, the GLO and to other bodies in accordance with the Rules of Procedure of the Government. If during a calendar year, a law is required that is not included in the Legislative Activity Plan, the state administration body carries out an initial RIA. The state administration body must carry out consultations for a period of at least 15 days within the framework of the Initial RIA.

The state administration body is bound to agree the initial RIA form with the GLO prior to the adoption of draft legislative proposals at sessions of the Expert Task Groups and Ministerial Coordination Committees within the Government. Depending on the results of the initial RIA, the state administration body proposing the regulation carries out a full RIA process as above.

The exemption for international treaties may be overruled. The goal is to encourage the executive to select an optimal legal solution or undertaking other activities and measures. Policy makers must analyse the direct effects of draft legislative proposals on many areas of Croatian society, including:. Direct effects are analysed, according to the following types:. Economic impact assessment: Assessment of the expected direct impacts on the macroeconomic environment, investment inflows, market functioning and economic competitiveness, small business, administrative barriers to business, research and development and consumer protection.

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Social impact assessment : An assessment expected direct impacts on demographic trends, social welfare, social inclusion and protection of groups with special interests and needs, access to public services and the right to health care. Impact assessment on labour and labour market: Estimating the expected direct effects on employment and the labour market, standards and rights on the quality of workplace and on the pension system.

Environmental impact assessment : Estimating expected direct effects on climate, quality and use of air, water and soil, management of natural resources, use of renewable and non-renewable energy sources, waste management and recycling. Impact assessment on human rights protection : An assessment of the expected direct effects on gender equality, the right to equal treatment and opportunities, the suppression of discrimination, the violation of privacy, the protection of personal data, access to justice, access to information and other rights guaranteed by the Constitution of the Republic of Croatia and,.

Impact assessment on market competition : An assessment of the expected direct effects on competition between market participants on non-discriminatory terms. Direct effects should be analysed in particular when the affect the following stakeholders:. According to the RIA law, government bodies are obligated as part of the RIA process to consider non-regulatory solutions. At this stage, a state administration body considers alternatives to legislation during elaboration of an initial RIA form.


Consideration of non-normative solutions include: do nothing option, information and training, self-regulation and co-regulation particular. Other alternatives such as usage of economic instruments taxation, transfer incentives to nudge particular behaviour of affected population could be under consideration, but this will be at the end a legislative proposal as taxation or any other form of budget transfer has to be introduced by a primary legislation. According to some Croatian authorities, government bodies tend to think about alternatives to regulation just to complete the Initial RIA form, i.

Thus, considering alternatives to regulation is still uncommon. An often-reported issue — and one certainly not unique to Croatia — is that a head of a government body decides on an ad hoc basis during a year which activities are adopted, before a complete analysis of options see Chapter 2 on regulatory policy strategy. Performance-based Regulations: Performance-based regulation specifies required outcomes or objectives, rather than the means by which they must be achieved.

Firms and individuals are able to choose the process by which they will comply with the law. This allows them to identify processes that are more efficient and lower cost in relation to their circumstances, and also promotes innovation and the adoption of new technology on a broader scale. Process-based regulations: These regulations are so named because they require businesses to develop processes that ensure a systematic approach to controlling and minimising production risks. They are based on the idea that, given the right incentives, producers are likely to prove more effective in identifying hazards and developing lowest-cost solutions than is a central regulatory authority.

They are particularly useful where there are multiple and complex sources of risk, and ex post testing of the product is either relatively ineffective or prohibitively expensive.

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