Page 24 - kpiebook65010
P. 24
แนวทางและวิธีการวิเคราะห์
ผลกระทบทางสังคมในการตรากฎหมาย
Approaches, methods, and illustrations of social impact
assessment regimes in four jurisdictions (Chapter 4)
Chapter 4 presents approaches and methods implemented in four
jurisdictions: the United Kingdom (UK), Ireland, Netherlands, and New Zealand.
These jurisdictions are chosen as most of them are the Party Members of the EU
and OECD, which means there is room to understand how their Country Members
can implement the OECD and EU approaches. At the same time, their RIA
guidelines are generally up-to-date, and it is worth studying as an example for
Thailand.
Some of the findings from this Chapter can be noted as follows.
๏ Unlike Thailand, most comparator countries do not have RIA law but
instead provide the approaches and methods for impact assessment in
non-binding instruments.
๏ All comparator countries do not provide specific guidance for assessing
social impacts but made guidelines for all types of impact assessment.
Nonetheless, some countries require specific assessments regarded as the
sub-type of social impacts, for instance, the requirement for gender
impact assessment in the Netherlands.
๏ All countries suggest setting a starting point for impact assessment from a
quantitative approach. Qualitative analysis can be only made where a
quantitative counterpart is impossible or impractical.
๏ The proportionate analysis is a fundamental principle for RIA assessment
in all jurisdictions. Some others also require state agencies to consider
mandatory requirements as part of an analysis process.
๏ Each comparator country offers different levels of guidance complexity
and examples. The UK exemplifies the country providing comprehensive
and complex guidelines for assessing the impact.
สถาบันพระปกเกล้า
12