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Further questions – Is it legitimate for stakeholders or consultees to pose additional questions …?

The Government has launched a large number of consultations this summer. But probably the most high-profile, and politically contentious, will have been the Department of Culture, Media and Sport’s (DCMS) consultation on the BBC Charter Review. This is currently scheduled for 2016 and anyone who wades through the 83 pages will risk being overwhelmed by […]

Further questions – Is it legitimate for stakeholders or consultees to pose additional questions …? Read More »

The ‘Gunning’ Gap – It is time to propose a fifth rule and address a missing requirement for a lawful consultation.

Two years ago, at the Institute’s first Conference, we invited Lord Justice Sedley to talk about the Gunning Principles – a set of rules for public consultations that have assured him a lasting position in the history of the law of consultation. He first propounded the rules (they were first known as the Sedley propositions)

The ‘Gunning’ Gap – It is time to propose a fifth rule and address a missing requirement for a lawful consultation. Read More »

Going for ‘Bold’ … – Does consultation tend to reinforce a cautious, safe view of alternatives?

Just imagine. A major sporting event! One team, winning for much of the match, finds itself behind with only two minutes to go. It wins a penalty. Converting a penalty secures an honourable draw. The bolder option is to kick for position and the chance of outright victory if a subsequent score comes about. The

Going for ‘Bold’ … – Does consultation tend to reinforce a cautious, safe view of alternatives? Read More »

Lone Voices – The role of consultation in identifying voices and views not otherwise heard

A common critique of public consultation is that it tends to tell you little more than you knew already. In theory, a well-run consultation should add considerably to the evidence available to decision-makers but the hard truth is that many organisations feel they already know all the arguments and that no amount of further dialogue

Lone Voices – The role of consultation in identifying voices and views not otherwise heard Read More »

Half-baked proposals – It is the job of public consultations to help detect when proposals are inadequate

Now that everyone watches the Great British Bake-off, there is probably less need to explain the English idiom ’half-baked’ to anyone. Experienced public engagement professionals will, however recognise two types of proposals that may attract the criticism of being ‘half-baked’. One covers those ideas that stand little chance of appealing to anyone, where the idea

Half-baked proposals – It is the job of public consultations to help detect when proposals are inadequate Read More »

Beyond the Manifesto

Does the language of political commitments suggest the likelihood of public consultations? One clear advantage to having a majority Government once again is that its agenda should be discernible from a single pre-election document – in this case the Conservative Party Manifesto. Some of us had erroneously assumed that the source document that matters might

Beyond the Manifesto Read More »

None of the above – Do unhappy consultees ever feel like disenchanted voters at an Election?

If we lived in Spain…or India…or Poland, we could vote for ‘None of the Above’ or NOTA. It is also the title of a book published last month by journalist Rick Edwards who specifically seeks to persuade younger voters that it is worth taking part in the forthcoming General Election, even if there is little

None of the above – Do unhappy consultees ever feel like disenchanted voters at an Election? Read More »

The waiting game … – Purdah politics means that many public consultations are postponed until after the General Election

With public consultations, the Lady Macbeth principle generally applies. “If … when ‘tis done, then ‘twere well, if were done quickly” (Act 1; scene 7) There are many reasons for this. Not only should public bodies act decisively and minimise the disruption and uncertainties when significant policy or practice changes are in the offing. But

The waiting game … – Purdah politics means that many public consultations are postponed until after the General Election Read More »

The ‘right to be heard’ – We need a new focus on giving consultees confidence that their arguments will reach decision-maker … and be “conscientiously considered”

The case for consultation is largely made and won. True, there are progressive voices claiming that it does not go far enough and calling for shared decision-making, though at least some of this is hugely optimistic given the continuing reluctance of those in office to relinquish much of their power. But consultation still has one

The ‘right to be heard’ – We need a new focus on giving consultees confidence that their arguments will reach decision-maker … and be “conscientiously considered” Read More »

Salute the Lords’ scrutiny – A new Report highlights that all is still not well with Government consultations

The House of Lords Secondary Legislation Scrutiny Committee is probably not the best-known body in Parliament. But it is the one group of Parliamentarians collectively tackling some of the issues arising from the Government’s peremptory changes to the Consultation Code of Practice in 2012. Just to refresh memories, the 2008 Code of Practice, widely regarded

Salute the Lords’ scrutiny – A new Report highlights that all is still not well with Government consultations Read More »

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