1 1 Statistical Legislation and Positioning of NSO in Government Olav Ljones, Deputy Director General, Head of Department of Economic Statistics, Statistics Norway. Luanda, Angola Dec

2 The concept of official statistics It is important to see the distinction between official statistics and other statistics. What are the main characteristics of official statistics? –It should be authoritative. It must be trusted. –It should describe socially important phenomena –It should meet the needs for a variety of users and the public. –It should follow recognised professional and ethical standards. How can a Statistics Act ensure quality official statistics? What is the best positioning of the NSO in government to ensure quality official statistics?

3 Paradox: Official statistics is a key concept, but there is no clear definition of official statistics. Can we define it, based on characteristics of the “product” official statistics? Or should it be defined based on activities, “Statistics produced by the National Statistical Institute is official statistics”. A discussion of the concept Official Statistics following both paths is fruitful, but neither of them give a precise definition of official statistics.

4 Some national differences as regards official statistics and the institutional setting The degree of centralisation of official statistics, will vary. The international obligations may vary. ( EU members have international legal commitments.) The access and use of public administrative data for official statistics will vary between countries. The role of legislation in the definition and production of official statistics will vary.

5 The role of legislation in building a system for official statistics. The Statistics Act should adapt to the legal tradition in the country. Is it fruitful that international organisations have something like a model law? The Act has to take account of each country’s legal tradition and has to be adapted to other national laws.

6 Some elements to consider to include in statistical legislation 1. Definitions of statistics and official statistics. 2. The role and responsibilities of the National Statistical Institute. Also others than the NSI may produce official statistics. Who decides about the production of official statistics? 3. The legal position of the NSI. What is the legal definition of theNSI. Who owns the NSI? The independent role of NSI in professional matters.

7 Cont. 4. The management of NSI. The responsibilities of the Director General. Who appoints the DG? Who may have the power to replace the DG? 5. Should the owner – the ministry – be the only responsible steering body, or should it be a board and/or council? 6. The mapping of the need and use of official statistics. 7. The use of statistics act as a legal base for collection of data for the purpose of official statistics. –collect data from individuals (citizens). –collect data from firms etc. –collect data from other parts of government. –access to the content of administrative registers.

8 Cont. 8. The use of compulsory fines for non response. Should it be used for business sector only? 9. Obligation of secrecy, confidentiality. 10. The right to decide on dissemination, publication 11. The use of information collected for statistical purposes for other purposes as administrative purposes. In general this is not acceptable. 12. Coordination of statistics at national level (if official statistics may be produced also by other government bodies). 13. The responsibility for international statistical activities.

9 The position of the NSI - to consider. The autonomy in professional matters. The autonomy in economic matters, the need for solid financing. The financing from government budget is crucial. Who will give best professionally advice? Who will be strongest in defending the principles of official statistics? What ministry will be best suited to both defend the NSI and to not intervene by themselves? Ministry of Finance - the most common ?

10 Questions for working groups. Should the definition of official statistics be precise and legal ? Should the NSO label what is official statistics? How should independency be most efficiently legally defined and guaranteed ? Data capture – How to give the relevant power to the NSO to collect data for official statistics. Should the act give the NSO unlimited access to all data – including all administrative records? Confidentiality rules. Same principles for individuals and business ? When and how should micro-data be given to users (for example the research community)?