Participation postponed! - To what extent should public consultations be deferred until after next year’s General Election?

The idea of ‘purdah’ is not new, and in a Tuesday Topic earlier this year, we argued that it was being over-interpreted and in danger of stifling debate on important changes in our society. Just as the shops seem to display their Xmas stock earlier and earlier, it seems that public bodies are similarly choosing to close down the consultation season ever-earlier as a General Election looms ahead.

It might be because of the move to fixed-term Parliaments. Now that the date is known well in advance and is a dead certainty, it may be easier to take a postponement decision. But realistically, deferring difficult issues may have more to do with their unpopularity – and the fear that people will start ‘playing politics’

As we approach the Party conference season there is evidence that sensitive decisions are being slowed down. A degree of caution is sensible. Governments nearing the end of their terms of office should not normally precipitate major policy changes without good reason, and should wait for a fresh mandate. But public bodies managing existing services within established policy frameworks are in a different position. Many find themselves faced with serious financial and operational challenges and can only follow a sustainable strategy by aggressively pursuing change. Most have been pursuing this path for some years. How responsible is it to ask them to slow down?

In response, experienced politicians and civil servants will argue that suspending public consultations for a few months will not make much difference – and that it is right to give a new Government time to consider whether higher-level policy changes are needed. But this is not what happens. A decision that would currently be scheduled for December 2014 – March 2015, would normally require a public consultation this autumn. A May election will – especially if there is a change of Government - normally result in new guidance being thrashed out over the summer and the postponed consultation is unlikely to take place before next Autumn. The delay is not a few months – but a full year.

Some issues are more politically toxic than others. Infrastructure projects, like wind farms or fracking, housing developments, library closures, fire station rationalisations, school admissions – they all can be pretty contentious. But the most politically difficult are those involving the National Health Service. Opposing change seems to win votes and at the last General Election, the Conservative Party promised a moratorium on hospital closures; this was followed by the introduction of the ‘Four Lansley tests’ which tightened the criteria for service change proposals.

Are we therefore likely to see an unofficial ‘moratorium’ between now and next May? The Welsh Government quite openly postponed NHS changes for six months before Assembly elections in 2011/2012. Less openly, but equally effectively, the SNP Government in Scotland has arranged that there have been few NHS reconfigurations north of the border in the months leading up to this month’s Referendum. Whether it is formal or not, there appears to be a reluctance to launch controversial consultations if there is an election anywhere in sight.

So if that’s the hard political reality, what should hard-pressed Managers and officials do? Here are three essential activities that must not stop.

1. Gather evidence Many consultations have failed because of insufficient or inadequate background research. The second Gunning Principle is about giving the public sufficient detail as to enable it to give proposals ‘intelligent consideration’. If there is a pause in the change management process, it needs to be put to good effect in obtaining the right amount of background research. When proposals move towards the consultation phase, there should be no excuse that information is lacking.
2. Involve stakeholders in options development The biggest single change in best practice over recent years has been to oblige public bodies to work with key stakeholders so that proposals for change are understood and have taken account of their views; it is a major factor in the growing influence of co-production models. Although traditionalists may argue that evaluating more radical scenarios is aiding and abetting pre-election scaremongering, failure to pursue this is a recipe for further delays to a consultation – and increases the likelihood of legal challenge
3. Engage fully in the political process This is the big one. If politicians wish to avoid having high-profile controversies running in parallel with the electoral process, they must accept as a quid-pro-quo that public sector Managers and leaders will need to hold a dialogue with them to ensure they all understand the challenges and opportunities arising in the future. Far too few public bodies have the confidence to engage professionally with Members of Parliament or Parliamentary candidates and have given too many of them the alibi that “Nobody told us …”

In the coming months, the best advice is still to Consult as soon as you’re ready; this is because consultation delayed is often consultation made far more difficult. But if, in your organisation a delay is imposed from on high, it should be taken as a first-class opportunity to lay better foundations for future public engagement, knowing that ultimately these difficult issues cannot be avoided and that better pre-consultation work will be important in ensuring success.

Trigger Points

• Tuesday Topic 256 The Case against Purdah considers the specifics of the ‘purdah’ rules in more depth.
• The Gunning Principles are covered in depth in the Institute’s Law of Consultation training courses.
• Rhion Jones expects to expand upon the theme of this Topic in his presentation to the InstituteAnnual Conference on 22nd October in London- places still available.

The Institute’s Quality Assurance Scheme helps organisations ensure that consultations meet best practice standards, and that pre-consultation activities are satisfactory .For information please contact Jan Warner at hello@consultationinstitute.org or 01767 318350.

This is the 264th 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