I propose the topic of ‘tax reform’ for reform paper in term of delivering better public services linked to Mark Moore’s public Theory and Policy Transfer
Due date: November 2016
This is an academic paper in you provide an overview of a policy area and set out a suggested course of action in terms of what needs to happen in that policy area with a focus on how you will deliver this strategy based on the insights set out in the policy design and implementation literature. Further detail will be given in class about content.
Further detail will be given in class about content. The assignment will be assessed against the following criteria:
• Background
• Development of the strategy
• Discussion of strategy
• Structure of response
• Coherence of the response
• Demonstrated understanding of the relevant literature;
• Demonstrated independent research
• Referencing
• Presentation of paper.
• This is an academic paper in which you provide an overview of a policy area and set out a suggested course to address the issues you have identified.
• Not just what you will do, but how you will do it. The main aim is to link theory and practice.
• Exemplar assignments will be provided on LMS.
• Assessment rubric with criteria will also be provided.
• 60% of your final grade.
Introduction/Background
– What does your strategy paper cover? How is your assignment structured?
– What is your policy addressing?
The policy area and strategy
– Brief overview of issues.
– Pick between 2-4 areas to focus on – e.g. getting on the agenda, decision-making, implementation, using evidence, evaluation in thinking about how you will design and implement your policy.
Conclusion
Policy Design and Implementation
Assessment Item 3: Policy Design Strategy Paper Marking Rubric
Criterion H1 First-class honours
Excellent
80%-100% H2A Second-class honours level
Very Good
75%-79%
H2B Second-class honours level B
Good
70%-74% H3 Third-class honours
Competent
65%-69%
P
Pass/Satisfactory
50%-64% N
Fail/Not Satisfactory
0%-49%
Background The paper provides comprehensive background to the policy issues under consideration. It demonstrates a sophisticated understanding of relevant contextual factors. The paper develops a thorough assessment of relevant background to the policy issues under consideration. It demonstrates a strong command of context. The paper provides detailed background about the policy issues under consideration. It demonstrates a good understanding of the political and policy context.
The paper presents some background information about the policy issues under consideration. It demonstrates some appreciation of the political and policy context. Only limited and insufficient background is provided about the policy issues under consideration. The paper demonstrates only limited awareness and understanding of contextual factors. Background information about the policy issues under consideration is largely absent. There is little evidence that contextual factors are appreciated or understood.
Strategy Insightful and comprehensive analysis and discussion of the proposed strategy, including development and design issues and alternatives. The paper presents a sophisticated discussion of the proposed strategy. Development and design issues and alternatives are weighed and thoughtfully assessed. The proposed strategy is clear, and generally well argued. Issues relevant to its development and design are addressed with in detail and show some insight. Some of the issues in developing and designing the proposed strategy are identified, but the paper offers minimal insight and analysis. Analysis and discussion of issues in developing and designing the proposed strategy is lacking or not addressed with sufficient detail. Analysis and discussion of issues in developing and designing the proposed strategy are absent or not addressed.
Structure and coherence The paper’s structure supports a coherent and cogent analysis. A compelling introduction explicitly states the paper’s argument and purpose. This is systematically developed and substantiated throughout the discussion. The paper’s conclusion presents a detailed and focused summary of the ideas presented. It draws extremely persuasive conclusions. The paper’s structure supports a generally coherent and cogent analysis. A well-considered introduction outlines the paper’s argument and purpose. This is systematically developed and substantiated throughout the discussion. The paper’s conclusion presents a detailed and focused summary of the ideas presented. It draws very persuasive conclusions. The paper’s structure supports a mostly coherent analysis. The introduction makes clear the paper’s argument and purpose. This is well developed throughout the discussion. The paper’s conclusion presents an effective summary of the ideas presented. It draws mostly persuasive conclusions. Parts of the paper’s structure support the analysis presented. The introduction indicates the paper’s argument and purpose. This is explored to some extent in the discussion. The paper’s conclusion summarises some of the ideas presented and draws clear conclusions. The paper’s structure does not support the analysis and argument presented. The introduction hints at the paper’s argument and purpose, but this is not well developed in the ensuing discussion. The paper’s conclusion is weak, offering few insights and is not persuasive. Limited evidence of a clear structure or argument. The paper lacks coherence and is not persuasive.
Understanding of relevant literature The paper demonstrates an extremely sophisticated understanding of theoretical perspectives from the policy studies and relevant domain literatures. It makes highly effective use of these insights to shape and defend the rationale for the proposed strategy. The paper demonstrates a very sophisticated understanding of relevant theoretical perspectives from the policy studies and relevant domain literatures. It makes very effective use of these insights to inform and defend the rationale for the proposed strategy. The paper demonstrates a strong understanding of relevant theoretical perspectives,from the policy studies and relevant domain literatures. It makes generally effective use of these insights inform and defend the proposed strategy. The paper demonstrates an understanding of relevant theoretical perspectives from the policy studies and relevant domain literatures. It makes mostly effective use of these insights inform and defend the proposed strategy. The paper demonstrates some understanding of relevant theoretical perspectives from the policy studies and relevant domain literatures. It makes limited use of these insights inform and defend the proposed strategy. The paper demonstrates a limited understanding of relevant theoretical perspectives from the policy studies and relevant domain literatures. It shows little capacity to use theoretical insights to inform or explain the proposed strategy.
Evidence of independent research The paper makes judicious and insightful use evidence and sources that lend rigour and depth to the argument. Referencing is comprehensive and accurate. The reference list demonstrates wide reading and independent research. The paper makes highly effective use of evidence and sources that strongly support the argument. Referencing is comprehensive and accurate. The reference list demonstrates wide reading and independent research. The paper makes effective use of evidence and sources that support the central argument throughout. Referencing is adequate with minimal errors, and a fairly accurate. The reference list demonstrates evidence of reading and independent research. The paper utilises appropriate and credible sources which generally support the argument. Referencing contains some errors. The reference list demonstrates some effort at independent research. The paper utilises a narrow range of evidence and sources. These provide some support to the argument. Referencing is lacking or inaccurate. The reference list demonstrates limited evidence of wider reading and independent research. The paper and its argument is based on very limited evidence and sources. These provide little, if any, support to the argument. Referencing is lacking or inaccurate. The reference list shows limited effort has been made at independent research.
Presentation/ mechanics The strategy paper is extremely well written and persuasively argued, with clear signposting, a logical analytical structure etc. There are no grammatical, spelling or punctuation errors. The strategy paper is very well written and persuasively argued, with clear signposting, a logical analytical structure etc. It uses correct grammar, spelling and punctuation throughout. The strategy paper is well written and argued. The quality of writing is of a high standard (i.e. providing mostly clear guidance through linked and cohesive paragraphs and a mostly logical analytical structure). It contains few grammar, spelling and punctuation mistakes. The strategy paper is mostly well written (i.e. some minor inconsistencies in relation to linked paragraphs, and a somewhat logical analytical structure). It contains several grammatical, spelling and punctuation errors. The strategy paper is undermined by some problems with sentence structure and presentation (i.e., frequent inconsistencies from one paragraph to the next, lack of logic to the structure of the document). Frequent grammar, punctuation and spelling mistakes limit its ability to develop a persuasive argument. The strategy paper is poorly written and argued It contains numerous spelling, grammatical and other mistakes. This poor presentation negates its ability to develop a persuasive argument.
EXAMPLE
Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 1 Introduction The objective of this paper is to present a policy to reduce the harm caused by alcohol abuse to younger drinkers in Australia, aged 15 to 24 years old. Alcohol is consumed by approximately 80% of Australians aged 14 and over (Australian National Preventative Health Agency (ANPHA) 2013, 9). Whilst the industry contributes approximately $7 billion annually to the economy (Manning, Smith and Mazerolle 2013, 2), the cost of the harm caused is twice that (Collins and Lapsley 2008, ix). The harm from alcohol abuse is exacerbated for younger drinkers due to binge drinking, and the resultant short and longer term damage. Due to their vulnerability, this paper seeks to specifically address ways to reduce the harm caused by alcohol abuse to younger drinkers. This paper focuses on advertising and sponsorship bans as the means to reduce harm, due to the fact that such marketing disproportionately influences younger drinkers, with exposure increasing both the prevalence of drinking at an early age, and drinking to harmful levels (Australian Medical Association (AMA) 2012, 2-3; ANPHA draft 2014, 38). As described by Althaus, Bridgman and Davis (2012, 33), policymaking is a complex, integrated network of politics, policy and administration. In order to deal effectively and efficiently with such complexity, Sabatier and Jenkins-Smith suggests that a simplifying framework or approach must be applied (1993, cited in Althaus, Bridgman Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 2 and Davis (2012, 33). As one example, Althaus, Bridgman and Davis (2012, 37) propose a linear approach, from issue identification to implementation. However, as the issue of alcohol abuse is well understood, this paper will instead focus on policy development using the theories, tools and techniques of policy transfer. The term ‘policy transfer’ means looking elsewhere for possible solutions to problems, with the view of adopting some or all of the possible solution. Variously described as ‘lesson drawing’, ‘diffusion’ and ‘convergence’ (Stone 1999, 51), it is based on the premise that no policy is truly new, and furthermore that unique programs are usually thus for a reason, and should be avoided (Rose 1993, 24; Rose 2005 cited in Dodds 2013, 250). From a more detailed perspective, policy transfer is the process of identifying and leveraging the policy goals, policies, administrative arrangements, institutions and ideas from one political system (past or present) to develop policy goals, policies, administrative arrangements, institutions and ideas for another political system (Dolowitz and Marsh, 2000, 5). Dodds (2013, 249-252) notes that policy transfer requires consideration of policy means (being instruments and settings) and ends (being goals), as well as the power context of the transfer (impacting the degree of coercion). Further, Rose (1993, xi) notes that the question is not whether lessons are available to be drawn from experience, but how well those lessons are drawn. He describes lesson drawing as both normative (i.e., what works elsewhere should logically work here) and practical (will it actually work here?), with the key challenge being how to effectively select relevant information (Rose 1993, 11). Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 3 The approach to selecting a policy will follow Rose’s four stage approach. This involves searching for the source of lessons, modeling how potentially relevant policies actually do or have worked, identifying and assessing what core components would work in Australia, and evaluating whether additional modifications are needed to achieve the desired results (Rose 1993, 27). The lessons will draw on experiences with alcohol advertising bans from other countries (current and historic) as well as similar attempts to restrict tobacco marketing, a comparable harm-related product. This scope reflects the global nature of alcohol companies, and the collaboration between ‘Big Booze’ and ‘Big Tobacco’ (Bond, Daube and Chikritzhs 2010, 325). Such collaboration reinforces Rose’s view that a coordinated international approach to policy transfer is particularly relevant when complex problems span countries, and involve powerful stakeholders (Rose 2005, cited Dodds 2013, 251). Lesson drawing will identify reasons for success and failure, to further inform policy selection (Rose 1993, 22; Dodds 2013, 254). Additionally, Moore’s three strategic criteria for policy design and delivery will be considered, being that the policy must deliver public value, be legitimate and politically sustainable (i.e., continue to attract funds and authority from the authorizing political environment with overall accountability) and be operationally and administratively feasible (i.e., able to be implemented and maintained by the nominated agency) (Moore 1995, 70-71). Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 4 Searching for sources of lessons As Rose notes (1993, 28), the objective of the search is to find a program that ‘works’. As a pre-requisite, it is first necessary to define the nature of the problem, and confirm that government intervention is appropriate. These decisions will jointly frame (and hence define choices per Thaler and Sunstein 2009, 40), legitimize and maximize the effectiveness of the search effort. Problem definition Whilst many Australians consume alcohol responsibly, and whilst alcohol and related industries contribute significantly to the Australian economy (at least $7 billion in 2010 per Manning, Smith and Mazerolle 2013,2), alcohol abuse is a significant cause of preventable illness and death. It results in a range of health, social and economic harms that cost the community at least $15 billion (2012, 3; Collins and Lapsley 2008, ix). These harms disproportionately impact young people aged 15 to 24 years, with an average of five deaths and two hundred hospital visits per week due to alcohol abuse (Chikritzhs and Pascal 2004, cited in AMA 2012, 2). Drinking exacerbates the potential for damage in the young person’s still forming brain. Excessive drinking also impairs impulse control, leading to other harms such as violence and risky sexual behaviour (AMA 2012, 2-3; Anderson 2009, 229). There is widespread community acceptance that alcohol abuse is a significant problem, with over one third of respondents to the recent National Drug Strategy Household Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 5 Survey referenced alcohol as the drug causing the most deaths (2013, 6). This concern is reinforced by media reports of ‘one punch’ alcohol fuelled attacks, with the majority of the 90 fatalities reported between 2000 and 2012 due to alcohol (Pilgrim, Gerostamoulos and Drummer 2013, 119). However, despite these concerns, meaningful policy change is hindered by a ‘cultural inertia’ related to alcohol policy (Moodie et al 2009, 40). In addition to the consumer, there are many national and international stakeholders involved in the alcohol and related industries (including producers, the entertainment and tourism industries). Other stakeholders are impacted upon by the harm caused, e.g. government health, emergency services, and the criminal justice systems. In Victoria alone, alcohol intoxication resulted in nearly 7,000 ambulance attendances in metropolitan Melbourne in 2010–11 (Victorian Auditor-General’s report (VAGO) 2012, 12). Multiple levels of government (as stakeholders) control different aspects of alcohol supply and demand, with excise and advertising controls being a federal matter, whilst regulation of supply is a state matter. There has been only limited success from the many national and state strategies to reduce alcohol related harm in the past thirty years. This may be due to the fact that alcohol policy is highly contested and not always based completely on scientific evidence (Moodie et al 2009, 37). Research has identified a range of interventions to reduce harm by influencing price, availability and access (World Health Organisation (WHO), cited Moodie et al 2009, 17- Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 6 36). Advertising and sponsorship bans are in the top four recommendations (Collins and Lapsley 2008, ix-xi; Cobiac et al 2009, 1647-1650), and highly relevant as younger age drinkers are disproportionately influenced by marketing. One study found that drinkers up to 21 years old increase their rate of drinking by 1% for every alcohol advertisement they are exposed to, and by 2.8% for each additional dollar spent on advertisements (Snyder et al 2006, cited de Bruijn, Johansen and van den Broeck 2010, 15). Other research found that the risk of drinking beer by grade eight almost doubled due to increased viewing of alcohol advertisements (Corderoy, 2015, 1). Whilst the industry denies it targets the youth market, research suggests otherwise (Van den Broeck and de Bruijn 2010,2; AMA 2012, 4, 27). Self evidently alcopop type products and product placement in music videos are aimed at the youth market. Alcohol regulation of advertising typically controls two aspects – content (what is contained in the advertisements, and where they are placed, for example, television or print) and volume (usually the timing and frequency of advertisements). Alcohol marketing regulation in Australia is broadly defined as ‘self’ regulated (especially for content per AMA (2012, 35) and the ANPHA report 2014, 9, 57). It is based on a combination of federal regulation on broadcast times, and voluntary regulations on content and placement, incorporating a self-administered Industry Code of Practice. A complaint mechanism exists to identify breaches. Alcohol advertising also falls under the broad media industry codes. The current alcohol advertising arrangements do not cover all forms of marketing (e.g., Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 7 viral marketing using new media), and do not cover sponsorship of sporting or youth related music or cultural events. Hence as coverage is incomplete, participation voluntary, enforcement and sanctions limited, the AMA has deemed current arrangements ineffective (AMA 2012, executive summary and 38-42), a view supported by the ANPHA (2014, 97) and backed in concept by the WHO view that self-regulation is ineffective and fragile (2004, cited in AMA 2012, 35). In view of the severity of harm caused by youth consumption of alcohol, the WHO recommends a complete ban on alcohol advertising (AMA 2012, 42). This is consistent with the WHO European Charter on Alcohol (1995), which states that young people are entitled to protection from the negative consequences of alcohol consumption and hence from the promotion of alcoholic products (cited in AMA 2012, inner cover page). More broadly, the WHO warned that the ‘difference between good and bad alcohol policy is not an abstraction, but very often a matter of life and death’ (cited in Moodie et al 2009, 37). Impact of problem definition on scope of the search For the purposes of searching for sources of lessons, the broad and ill structured policy problem (per Dunn’s definition of a problem characterized by many decision makers, multiple alternatives and conflicted values and outcomes (Dunn 1981, 103) has been narrowed to a problem about how to minimise the harmful impact of alcohol advertising and sponsorship on young people. Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 8 Hence for this paper, the problem is defined as how to effectively control the poorly regulated, pervasive and ever-evolving nature of alcohol marketing and sponsorship aimed at the youth market. The AMA (2012, 51-52) made a number of recommendations as to how to achieve this, including: • Implement national statutory legislation to regulate alcohol marketing and promotion, backed by meaningful sanctions for violations • Phase out alcohol sponsorship of sporting and youth oriented events, and source alternate funding • Pursue options to establish a global governance mechanism to respond to alcohol marketing These recommendations will be used to further define the scope of the search (Cyert and March (1963), cited in Rose 1993, 51) As noted by Rose, ‘lessons drawn depend on who searches, how a search is conducted and how far the search extends across time and space’ (Rose 1993, 52). Public servants, elected officials and/or non-elected experts (such as the AMA) can conduct searches. Searches can be initiated between similar agencies (for example, state to state, national policy makers to other national policy makers) and look to contemporary or historical policies as well as other jurisdictions and the same or similar industries (Rose 1993 52- 57). Searches can use formal and informal networks, leverage intergovernmental bodies such as the International Monetary Fund (IMF) or the WHO, and draw from Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 9 communities of experts (Rose 1993, 52). Dodds (2013, 258-261) also questions who learns and who teaches, and has identified four broad sets of teachers: governments; entrepreneurs and middlemen (including consultants, academics and professional groups); international organisations (e.g. the WHO) and think tanks, interest groups and advocacy coalitions. Additionally, Dodds (2013, 255-256) notes the scope of searching for policy transfer can also include adoption of a best practice approach (identifying and advocating for one specific policy) or benchmarking (assessing a range of policies). The ‘teachers’ referenced for this paper include government sources (i.e. the various Australian government agency and department commissioned reports and strategies), entrepreneurs and middlemen (including academic research papers and reports from the AMA), international organisations (eg, the WHO) and interest groups/advocacy coalitions (such as the Foundation for Alcohol Research and Education (FARE) in Australia or the European Alcohol Marketing Monitoring in Europe (AIMME) initiative). A bench marking approach has also been adopted, due to the common nature of the problem and the solution being sought across many comparable democratic, national legislature based countries. Results of the search The alcohol market is dominated by a few large international corporations with significant financial resources and highly developed marketing expertise (Casswell and Thamarangsi 2009, 2247). For example, the seven largest global alcohol companies Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 10 spent over $4.5 billion on advertising in 2000 (Jernigan 2002, cited in Nelson 2006, 1). In Australia the alcohol industry spends at least $360 million annually in measured and unmeasured forms of advertising (AMA 2012, 13). Advertising controls typically cover volume (including types of products, types of media and placement, target group and time period), and content (WHO 2011, 86-94; van den Broeck and de Bruijn 2010, 3-11). Sponsorship is a third category. A range of regulatory arrangements apply for these three categories, from self regulation (where industry bodies administer their own codes to voluntary participants) to quasi/co/partial regulation (a combination of government legislation and self regulation) to ‘black letter law’ where governments enact and enforce legislation (AMA 2012, 35-36). Industry self-regulation based on voluntary codes is ineffective in reducing alcohol consumption or harm (Babor et al 2010, cited in WHO 2011, 88). This finding has been supported by research conducted by Jones and Gordon (2013, 1-23) on the ineffectiveness of industry self-regulation/co-regulation in the United Kingdom (UK), Canada, Australia and New Zealand. Targeted research (for the purposes of this paper) has identified a range of regulatory arrangements. For example the 2014 WHO Global Status Report on Alcohol and Health found that of the 159 countries surveyed about alcohol marketing restrictions across all media and product type, almost 40% had no restrictions, 50% had some form of voluntary or partial regulation and only 10% imposed total bans. Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 11 Using beer company sponsorship of sporting events as a proxy, approximately 25% had a full or partial ban, approximately 11% relied on industry self regulation and the remaining 65% had no regulation (WHO 2014,77-79) From review of selected countries, Canada, New Zealand, the UK, Italy, Poland, the Netherlands and Germany self or co-regulate for volume and/or content based on voluntary codes (some aspects more effectively than others) (Jones and Gordon 2013, 1-23; van den Broeck and de Bruijn 2010, 6-7). Most alcohol advertising is selfregulated in the USA (Campbell 2013, 100). China regulated the content and frequency of advertising in 1996 and banned TV based advertising in 1998. Cambodian state TV bans alcohol advertising (effective 2009), which however is still allowed on commercial TV. Mongolia has banned sponsorship of sport and cultural events, and other promotional activities (WHO 2011, 87). The few countries with total bans have implemented either volume or content bans. For example, in 1991 France implemented strict content controls known as Loi Evin, restricting content and packaging to defined elements along with a sponsorship ban (Casswell 2012, 480). Sweden has a similar content ban. In 1975 Norway by contrast implemented a complete volume (i.e., zero) ban on alcohol advertising, and also bans sponsorship of sporting events (WHO 1999, 56). Iceland and the Faroe Islands also have complete volume bans (Casswell 2012, 480, Paukšte et al 2014, 711). Lithuania’s attempt at a complete volume ban was overturned by its parliament a month before the legislation was due to take effect, after 13 months of extensive local Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 12 and international lobbying against members of the same parliament who voted for the ban, amidst claims of corruption (Paukšte et al 2014, 711-717). Using France and Norway as examples, the volume and content bans have had similar success, albeit that the content ban may be more effective. In a 1999 report, French youth drank to excess less frequently than European counter-parts (WHO 1999, 27). In the 2014 WHO Global Status Report on Alcohol and Health, the trend in alcohol consumption per capita (15 years plus, so not focused specifically on younger drinkers) has overall trended down for France, to approximately 12 litres of pure alcohol per capita in 2010, and a rating of 1 on the pattern of drinking score (with 1 as least risky and 5 as highest). Whilst Norway has approximately half the per capita consumption (approximately 6 litres per capita in 2010), the trend has slightly increased for Norway in the past 10 years, with a current pattern of drinking score of 3, the same as the UK, which has a 2010 consumption rate similar to France (WHO 2014, 210, 228, 246). The search also revealed other learnings, such as the fact that legislation must be specific, stating what is permitted, rather than what is not (to avoid governments having to play catch up). For example, after banning promotions, Thailand found that alcohol companies exploited a loop hole relating to social good, enabling branded promotion of education scholarships for young people (WHO 2011, 90). As an example of specific inclusion (rather than exclusionary legislation), the French content law states that content and packaging can only refer to the qualities of the product, to avoid seductive life style elements. It also regulates placement of advertisements. In an example of creative challenge, the French wine industry failed in an attempt to have Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 13 wine classified as food so as to avoid the French content regulations (de Bruijn, Johansen and van den Broeck 2010, 17-18). Norway faced a trade agreement based challenge to its ban (Nuthall, 2005, 1), whilst trade requirements to allow all products equal access forced Sweden to sell alcopop type ‘Ready to Drink’ products (Casswell 2012, 481-482). The experiences of France, Norway, Sweden and Lithuania reinforce the need for the legislation to be legally sound and defensible against challenge on legal and trade agreement terms, and ideally future-proofed against subsequent government changes or problem redefinition. According to the WHO Guide to Developing Effective Alcohol Legislation (WHO 2011, 86-94), this is facilitated by the inclusion of the social and public health goals and objectives of the legislation (as an example of framing the problem). Including these components can reduce the need to defend such policies against trade agreement or legal challenge, as the World Trade Organisation (WTO) allows exemptions for measures relating to protection of life, health or public order (WHO 2011, 6). Other learnings relate to the need to consider the total package of supply and demand controls, to avoid reactive substitution by the alcohol industry, for example by using price as a sale lever (van den Broeck, de Bruijn, 2010, 6). Additionally, as advised by Bartlett (2013, 386), a deliberate attempt must be made to reverse the practice of treating the alcohol industry as a partner in attempts to reduce alcohol harm. This is due to ample evidence of subverting behavior by the alcohol industry (as shown in Lithuania). Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 14 The global alcohol industry has many parallels with the tobacco industry, which is also dominated by a few global corporations. Whilst the goal of tobacco control is to eliminate use, (compared to harm reduction for alcohol) both products face similar attempts to regulate supply and demand. (Bond, Daube and Chikritzhs 2010, 325; Casswell 2012, 479-483). Both industries have adopted similar techniques (in part due to co-ownership arrangements and/or collaboration) to actively block and delay attempts to address public health concerns. These include lobbying to apply undue influence in policy making, use of economic arguments to block health focused reform, promotion against effective programs and promotion of ineffective programs (e.g. public awareness and education programs), discrediting research (e.g. the link between alcohol advertising and harmful drinking) and use of industry funded front groups for diversion (Casswell and Thamarangsi 2009, 2249; Bond, Daube and Chikritzhs 2010, 328-329, Bartlett 2013, 385-386). Additionally, both industries have a history of challenging the legality of restrictions, and using inter country or global trade agreements where necessary, aided by the fact that trade agreements may not allow exemptions for harmful products (Casswell and Thamarangsi 2009, 2247-2248). Furthermore, as noted by Shaffer, Brenner and Houston (2005, 23), the secret nature of trade negotiations and the legitimacy such agreements confer on tobacco work to the advantage of ‘Big Tobacco’, in its attempts to expand markets and limit controls. Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 15 Australia has a long history of implementing legislation to reduce tobacco supply and demand, from initial health warnings on packaging in 1973 to advertising bans on radio and television in 1976 through to a complete advertising ban (all media) in 1992. Internet advertising restrictions were added in 2012 (Australian Government, Department of Health, 2014; Australian Broadcasting Corporation (ABC) 2014; Gartoulla 2013, 62-66). In 2011 Australia implemented the world’s first requirement for plain packaging of cigarette products (with retention of graphic health warnings and text) (Chester 2014, 421). The Australian High Court upheld the validity of the law in 2012 when it rejected a challenge brought by global tobacco companies (Loughton, Caristo and Bennett 2012, 1). However, Phillip Morris has used an investment trade agreement between Australia and Hong Kong to mount a further, in progress, challenge (Australian Government Attorney-General 2015). In light of the Australian decision, the UK parliament voted in 2015 to implement similar plain packaging legislation (ABC 2015), a decision now also being challenged in the UK High Court (Evans, 2015, 1-2). Due to the harmful effects of tobacco use, the WHO negotiated its first international treaty, the Framework for the Convention on Tobacco Control (FCTC). Adopted in 2003, it took effect in 2005. With 180 signatories, the FCTC requires parties to comprehensively ban in country and cross border advertising, promotion and sponsorship except potentially where in breach of constitutional principles (Casswell 2012, 482, WHO FCTC Overview 2015). The success of the FCTC is evident from the 7% reduction in tobacco use by participating OECD countries (Casswell 2012, 479). Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 16 Modeling how prospective polices have or do work Having identified the possible source of the policy to transfer, the next step is to objectively model how it works. According to Rose (1993, 29), the purpose of modeling is to create a generic ‘cause and effect’ conceptual model of how the selected program deals or dealt with a specific problem. This is so that the fundamentals of the prospective lesson can be clearly understood. Additionally, when considering the fit of prospective policies, along with an objective review of the components, two other factors need to be considered: the fungibility (universal applicability) and doubly desirability. Rose notes that ‘the practical possibility of transferring a program is secondary to the decision about its desirability – hence a program must be doubly desirable, meeting both expert criteria for effective transfer and the politician’s test of acceptable goals’ (Rose 1993, 44). Rose (1993, 34-38) advises that fungibility is enhanced when: • Programs are less context dependent • Service delivery organisations are inter changeable/substitutable • Cause and effect mechanisms are simple and transparent • The program results in incremental change • Policy makers in source and destination jurisdictions hold similar values As well as the similarity of values (or cultural, geographic or ideological proximity), Dodds (2013, 261-263) also identifies two extra factors that enable policy transfer, Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 17 being power (or rather a power imbalance, for example it may be difficult to maintain a different system from a more powerful neighbour) and competition (where countries compete to ‘catch up’). Dodds (2013, 263-264) notes other factors to consider include the scale of change to the policy makers belief systems, the extent of resource redistribution required, the available capacity and willingness to adopt change by the receiving institutions required to adopt the policy, and the very practical limitations of cultural and language differences. Hence in reviewing the ‘lessons’ found from the bench mark based search results, the potential candidates for policy transfer exclude those with a similar approach (self or partial regulation) as used by Australia now. Instead the potential candidates are those where all advertising and sponsorship for harmful products have been banned via legislation. Potential options to examine in more detail include Australia’s own incremental approach to legislating advertising and sponsorship bans for tobacco (informed by the multiple challenges to the recent plain packaging bans); Norway’s complete volume ban; and France’s content restrictions. It is also useful to reflect on the learnings available from the various legal and trade challenges to enacted legislation, as well as Lithuania’s failed attempt to implement a total volume ban. Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 18 From an objective review, the French and Norwegian policies are both based on product independent, alcohol-by-volume based definition of an alcoholic product (WHO 2014, 341) with government legislation supported by monitoring of breaches and significant sanctions for violations (increased by Norway in 2003, per Alcohol Healthwatch 2005, 19). The Norwegian volume-based law cannot control global internet or cross border advertising. The French content-based law still allows a degree of advertising, however also cannot control global internet or cross border advertising. Whether the policy is a volume ban or a content ban, most of the fungibility factors apply (as Norway and France are democracies similar to Australia, and are making alcohol based decisions from a similar harm reduction framework per the guidelines from the WHO and other public health bodies). Whilst both policies are likely to be contentious in Australia, the nature of the volume ban is such that it is more likely to encounter stakeholder and public resistance, and be viewed as more extreme, and hence unworkable by the government and the public. Additionally, whilst each policy could be implemented incrementally, the Lithuanian experience shows the risks of delay in full implementation. Hence the volume ban fails the fungibility test of incrementalism. It also fails the Rose (1993, 44) ‘double desirability’ test in that it is unlikely in the current political climate in Australia that the government would want to tackle the powerful alcohol industry if another equally viable option was available. This also addresses one of the strategic criteria defined by Moore, that a policy must be politically sustainable (Moore 1995, 70-71). Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 19 Additionally, whilst it is difficult to assess the success of the volume or content bans in isolation of a broader review of other national initiatives (e.g. pricing and regulation of physical availability, aspects of which are beyond the scope of this paper), the fact that the WHO review of 2010 found that France had an overall risk rating of 1 compared to Norway’s 3 for pattern of drinking suggests that the content control may be a more effective mechanism (WHO 2014, 210, 228). Further investigation (also beyond the scope of this paper) is required to determine how the French content regulations are withstanding the challenges of the latest innovative marketing strategies and technologies, however the WHO 2014 results suggest that the French controls are working despite these innovations. More investigation is also required to determine how France approached the banning of sponsorship, although Australia already has significant experience to draw on in that regard, from the phased approach to banning tobacco sponsorship, and also the most recent learnings from the federal government’s ‘Community Sponsorship Fund’, which is an alternative source of alcohol-free funds for community sporting organisations (one of the initiatives covered by the National Binge Drinking Strategy (Australian Government, Department of Health, 2015). Hence, given the risky drinking ratings for France and Norway, and the lesson from Lithuania regarding the risk of adopting a complete volume ban, (especially considering the precedent set by global tobacco challenging legislative arrangements in the courts and via trade agreements), it would be more prudent for Australia to adopt the Frenchstyle content model and sponsorship ban to achieve the desired outcome of restricted Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 20 alcohol marketing to the youth market. This approach could be implemented in phases to manage community concern. The French model consists of national legislation (supported by monitoring) for: • An unambiguous definition of an alcoholic product based on percentage of alcohol by volume • Statement of placement and media format for authorized advertisements (e.g., in the press for adults, on billboards, on radio for specified conditions and for special events). This precludes cinema and television advertising for example. • Sponsorship of sporting or cultural events is prohibited • When advertising is permitted content and packaging is controlled to refer only to defined product characteristics, and all advertisements must carry a health warning. • Additionally, in recognition of the resources of the alcohol industry, French courts can apply penalties proportionate to the amount spent on illegal advertising (WHO 2011, 90). Australia should also promote the development of a framework convention on alcohol control, similar to the Framework Convention on Tobacco Control, to mitigate the power of the global alcohol industry. Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 21 Determining what to extract The next step is to work out exactly what to extract (and how) from the French content bans and the Australian tobacco bans. Rose (1993, 27) described this stage as working out how to create a lesson, i.e. a new program for action based on what has been learned elsewhere. More specifically, Greener (2002, 162) states that a set of questions could be used to consider the scope of what is to be transferred, the extent of the transfer and constraints that existed. This challenging mindset is critical, because as noted by Stone (2012, 488), there is a relative dearth of documentation on failed (i.e., poor, incomplete or partial) policy transfers compared to successful transfers. Rose (1993, 30-32) provides a range of options for ‘drawing a lesson’, ranging from the simplest option of direct copy (most suitable for in-country transfers) through to adaption (for contextual fit), hybridization (which involves combining elements from two diverse programs), synthesis (combining multiple diverse elements into one) and finally, using the source program as an inspiration. Knill and Tosun cited Rose et al (2012, 266) to note that transfer options range from direct imitation through to fundamental reconstruction, whilst Sharman (2010, cited in Stone 2012, 488) raises concerns that ill considered direct copying increases the risk of failure. Another factor to consider for extraction is the capacity of the policy agenda in the receiving country. The policy extracted must be sufficiently different from other policies to be innovative, but sufficiently congruent so as to be implementable (Rose 2005, cited in Dodds 2013, 264). Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 22 Considering these factors, and given the fungibility factors, the proposed approach is to essentially copy the design of the French content model for Australia (even though this is a cross country not in-country transfer), however, plan out an incremental public consultation and implementation approach. In parallel, this paper recommends that Australia work with the WHO to promote the establishment of a framework convention on alcohol control to diminish the power of international alcohol companies. The consultation approach will in itself leverage French learnings, by engaging credible independent experts such as the AMA to promote the new legislation (much as France did by engaging five medical academies external to the government sector) (Casswell 2012, 481). There will be no attempts at collaborative policy development with the alcohol industry, to avoid attempts at subversion. Additionally, the Australian government can learn from the recent experiences in adopting plain packaging of cigarettes, both in terms of ensuring the legislation is sound and defensible nationally, but also defensible from international trade agreements. Timing is another vital factor for the extraction process. As noted by Cairney (2009, 475), despite the existence of valid solutions, adoption depends on the window of opportunity, or what Kingdon describes as the short lived opportunities for action on given initiatives (Kingdon 1984, 174). Furthermore, Kingdon has identified a range of circumstances where valid solutions are more likely to receive government attention. These include problems/solutions framed in a way related to key legal principles, Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 23 issues that draw unfavourable comparisons between countries, issues that challenge key values and issues with existing programs (Kingdon 2003, cited in Althaus, Bridgman and Davis 2013, 45). The window of opportunity in part contributes to the surprising complexity of adopting even seemingly simple ideas (Stone 2012, 489). In terms of this policy transfer, the complexity is not so much from the legislation itself, more so from the resistance of key stakeholders (both industry and consumers). Hence, it is important to consider the political and public receptivity to change, and create the window of opportunity from one or more of the circumstances identified by Kingdon (2003, cited in Althaus, Bridgman and Davis 2013, 45). Such circumstances could include public outrage over the ‘one punch’ deaths, or a campaign likening ‘Big Booze’ to ‘Big Tobacco’ in its attempts to ensnare young people (thereby leveraging public disdain for the tobacco industry). The success of government intervention to reduce harm from tobacco could be used to both justify this related policy and also show that the change can be implemented incrementally without causing material damage to either employment or community sporting and cultural events previously reliant on advertising sponsorship (typical arguments adopted by industry lobbyists.) Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 24 Prospective modifications to enhance fit The final step in determining the viability of policy transfer is to undertake a prospective evaluation, in order to work out whether the policy will achieve the outcomes required. As described by Rose (1993, 114-117), prospective evaluation is future oriented, intended to identify (and address) problems that might emerge from changing the basic components of a policy during transfer (Dodds 2013, 264-265). However the prospective evaluation can utilize similar criteria to that applied to conventional retrospective evaluation, for example, effectiveness, efficiency, likely economic benefit, equity, efficacy and opportunity cost. Critically given the nature of this policy transfer, it will be important to evaluate the policy from a political and judicial perspective (Knill and Tosun 2012,177-178), especially to ensure the policy can withstand the political and legal and trade agreement based challenges. The evaluation also needs to consider the impact of emerging marketing tools and technology, to attempt to future proof the legislation. Another aspect of the prospective evaluation is to assess the impact of the policy on other supply and demand controls for alcohol, to identify possible vulnerabilities to alternate industry action. As noted by Van den Broeck and de Bruijn (2010, 6-11) marketing regulations should be one component of a multi dimensional approach which includes physical availability and affordability, e.g. to avoid the alcohol industry using price to attract younger drinkers. Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 25 Finally, the prospective evaluation should assess the policy against Moore’s strategic criteria of public value, legitimacy and political sustainability and feasibility (Moore 1995, 70-71). Whilst a full prospective evaluation is beyond the scope of this paper, from a summary level the proposed approach of copying the French content legislation, leveraging the existing Australian experience with tobacco advertising, packaging and sponsorship bans and initiating action on a framework control would appear to meet the Moore strategic criteria test, as long as an effective, credible public campaign was mounted for the advertising and sponsorship bans, and the alcohol industry lobbying was neutralized. However due to the non-integrated nature of current supply and demand controls (at federal and state levels), Australia is vulnerable to reaction from the industry. As a first next step to address the broader package of controls, Australia should review adoption of volumetric based excise, to avoid the anomaly of products with the same alcohol content being charged differently (for example, the cheaper a wine product, the less it is taxed, irrespective of its alcohol volume APHPA 2013, 10). The recent introduction of a wine based alcopops type product highlights the exploitative nature of current arrangements (Harrison 2015,1-2). Additionally, the proposition of a minimum floor price for alcohol should be reconsidered, despite being rejected on ‘net benefit’ grounds by the ANPHA (2013, 10). Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 26 Conclusion Alcohol abuse causes great harm in the community for all ages, however, its effects are especially damaging in the short and longer term for younger drinkers. Younger drinkers are also unduly influenced by alcohol advertising. Hence to reduce the harm of alcohol abuse for younger drinkers, advertising should be severely restricted if not banned for this age group, a challenging outcome to achieve in view of the industry’s adoption of the latest marketing techniques and technology. By using the theories, tools and techniques of policy transfer analysis to review advertising bans in other countries and Australia for alcohol and tobacco, this paper recommends that the Australian government copy the French content control policy, and supplement this with the Australian experience of implementing tobacco advertising, packaging and sponsorship bans. Whilst more research is required into how the French content controls deal with the latest marketing techniques and technology, the approach has proved effective at an overall national level in reducing alcohol consumption and patterns of risky drinking. Additionally, it is recommended that Australia initiate action on establishing a global framework control for alcohol marketing, similar to the highly effective Framework Convention on Tobacco Control. There is no single solution to mitigate the harm caused by alcohol abuse. Hence the advertising and sponsorship bans proposed in this paper need to be considered in the broader context of other national and state level supply and demand controls, to reduce possible harmful reactions from the industry (for example, reduced pricing). In Strategy to reduce the harm caused by alcohol abuse to younger drinkers in Australia 27 particular it is recommended that a review be conducted to explore volumetric based excise treatment of alcohol, and establishment of a minimum floor price. These recommendations are made because alcohol policy is truly a matter of life and death, attested to by the fact that, on average, five young people die each week due to alcohol abuse. 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