Originally published 27 November 2007. This article is retained from the tCI archive. Law, policy or practice may have changed since publication.
A public dialogue is as good as the information upon which it is conducted. So much is self-evident, but observing this mantra is a bit more difficult in the context of controversial consultations.
Take last week’s launch of the Heathrow expansion consultation. It is full of technical information, interpretations and analyses thereof. Battle lines have already been drawn, and the Government has, quite skilfully manoeuvred itself into a position where it has all but made up its mind, and has structured the consultation questions to challenge opponents to explain why and where they disagree. It’s not the most open form of consultation but at least it should ensure a reasonable public debate. And that’s where the information-base becomes important. Everyone knows that the 700 homes at risk of being bulldozed won’t be saved by appeals to emotion or a sense of community solidarity. Twenty-first century arguments revolve around technicalities, and the main bone of contention already focuses on whether the noise standard that should apply will be the Government’s preferred 57 decibels or local Councils’ preferred 50 decibels.
What makes this one difficult is that everyone knows the consultor’s preferred solution so there is widespread scepticism, and fears that the information presented as part of the consultation is highly selective. Even if it wasn’t – and if this is an unfair slur on a 100% straight selection of what to publish – the media is well able to distort the facts. Not only do consultors need to worry about being impartial – they also have to be concerned about the way in which it will be reported in the press.
Not every consultation is this contentious, but every town and city has its own controversies and in many cases, the new legislative duty “to inform, consult and involve” that applies from April 2009 will be invoked. Smart Councils, and other service providers, will start schooling their staff to prepare consultation documents with greater care. They will need to observe the rule that all relevant information must be disclosed – not just that which supports the view favoured by the organisation that wants to consult.
The Freedom of Information Act is yet to be fully utilised by consultees but in principle it is a powerful weapon to deploy against anyone suspected of being too selective in choosing what information to publish. A legal challenge is more likely, and may well be considered by opponents of Heathrow’s third runway. But the best outcome is for protagonists on both sides of a vigorous debate to agree on as many of the facts as possible – and to focus debate on the issues that really divide them.
Trigger points
- Media coverage of contentious consultations is an enormous subject. Consider attending the Institute’s Seminar on Consultation & the Media
- CLG has just published its draft Guidance in the wake of the Local Government & Public Involvement in Health Act, and this is now subject to consultation. Part of this includes the duty to inform, consult and involve. Become familiar with this official advice.
- Provide advice for policy-makers and other authors of consultation documents to reinforce the need for comprehensive and unbiased information.
This is the 99th Tuesday Topic; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement