User’s Voices in Regulatory Process: A Case for Regulatory Impact Assessment

Abstract

The need to ensure that regulatory decisions reflects users’ needs such as price, quality and protection from harm should be at best, an ongoing basis for regulatory institutions. This study assumes that direct user participation through RIA rather than representative bodies alone will lead to better policy outcome, resolve some of the information asymmetries involving regulators, firms, and end users. Moreover, RIA based decisions would avoid regulatory capture or bias by regulated firms or regulators themselves. Using interviews the study sought to explore how users/consumers in Tanzania engage with regulatory agencies in shaping the content and scope of new regulations. Particularly, this study sought to find out how RIA practices in Tanzania have hindered or facilitated users’ engagement in regulatory process. Findings indicate that the practice of RIA is largely inconsistent although currently there seem to be promising improvement. With regards to representative bodies, results show that these bodies have sparingly represented consumers in regulatory process due to among other reasons, lack of neutrality and poor coordination between themselves, the regulators and consumers. Apparently, while it is assumed that RIA would be more fruitful in facilitating consumer-focused model, this has not been the case. This is a result of  inconsistencies in the practice of RIA as a consultative process.