Keeping a watchful eye : Doctrines of accountability and transparency in the regulatory state by DR . MARTIN LODGE WORKING PAPER

One of the central features of the 'rise' of the regulatory state has been the shift of particular policy functions to non-majoritarian institutions. Issues of accountability and transparency have therefore moved to the foreground of regulatory debates, both in the applied and academic public policy literature. This paper argues that a narrow debate on parliamentary oversight is too limited and advocates a more diverse and complex approach towards accountability and transparency. It does so in three steps. First, the paper proposes a regulatory regime perspective that points to five essential dimensions of any regime that need to be transparent and held accountable. When linked to a basic toolbox of four tools, voice, choice, information and representation, and viewed through the lenses of three distinct administrative doctrines, a picture of considerable diversity emerges. Second, the paper briefly considers the comparative experience in network regulation in Britain, Germany and New Zealand, pointing to the differences and commonalities in the respective state's choices of policy instruments to advance accountability and transparency. Finally, the paper discusses certain trade-offs inherent in any choice of particular policy instrument, therefore highlighting the potential costs of introducing 'more' accountability into regulatory regimes. 1 Dr. Lodge gave a Policy Institute seminar, based on this paper, on the 21 January 2003. Further details on The Policy Institute seminar series in public policy may be obtained from The Policy Institute website at www.policyinstitute.tcd.ie/events.html