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 major weakness. Too many people take time and trouble to contribute their views, and then feel let down when denied of any evidence that decision-makers pay attention to their arguments. One’s opinions disappear into a black hole, leaving one in a state of annoying uncertainty as to what happens next. Receiving a feedback report full of facts and figures somehow doesn’t fill the void.

“If only one knew that someone was listening …”

There have been attempts to address this credibility problem. Successive Government Codes of Practice were intended to help introduce basic standards, and even the most recent set of Principles – criticised by many – lays down important rules. Then there is the Institute’s growing practice of providing independent Quality Assurance for pubic consultations – or aspects thereof. This is becoming hugely relevant for the most controversial issues.

More is needed, and now may be the time. The General Election will highlight growing disenchantment with existing political structures and processes, and not just by those who have turned off current affairs as a whole. Even active citizens and those deeply involved in civil and civic society have got fed up with ‘smoke and mirrors’ politics, pretend participation, PR spin and tokenistic attempts at involvement. If they are to take part, they need a guarantee that it will be properly considered. In short we need ‘a right to be heard’

It is not as revolutionary as it sounds. In 2009, the Local Democracy …Act introduced a requirement for local authorities to make arrangements to consider petitions signed by their residents. Although the Coalition scrapped the requirement, most Councils have such a process in place. It means in practice that if you sign a petition, you have the right for it to be heard. But if you respond to a consultation there is no such guarantee, for there are far fewer rules about what happens to consultation exercises.

A right to be heard can be taken more literally. How about holding more consultation hearings? No matter how much confidence we have that decision-makers will read a comprehensive report on the output of a consultation exercise, can it be as effective as having to listen in person to the arguments and have a properly facilitated debate about the merits of the case?

Planning Hearings are a useful precedent. They already provide opportunities for supporters or objectors to come along to be heard; more importantly they are conducted in public, and therefore promote transparency. Anyone who watched last year’s TV series ‘The Planners’ would have been fascinated to watch these public hearings; many people never knew they took place. Other interesting examples are seen day-by-day at Parliamentary Select Committees – generally rather more informative – and certainly better television - than debates in the full Chambers. But once again, everyone can see the arguments being made.

Of course there’s a lot to be clarified about the ‘right to be heard’. It should not be a right for individual consultees, but for specific arguments to be heard. Someone therefore has to decide who to invite to speak, and who should represent the decision-makers in a hearing? There will need to be a genuinely independent element in all of this, for no-one wants the charade of public bodies going through the motions. But it can be done.

All the best ideas are simple ones, and the ‘right to be heard’ has the potential to be a game-changer in terms of consultee expectations. Will we not attract more and better participation if people have faith that what they say will be considered properly? It does not need to be a public event. There are many other ways of being heard, and in the debates that the Institute wants to instigate as we approach the General Election, we are inviting members and supporters to write short papers on the theme “How the ‘right to be heard’ might work in practice?”

Please contribute

TRIGGER POINTS

• Short papers (>2000 words) are welcome; send them to Remmert Keijzer (remmertk@consultationinstitute.org) , and we will publish the most interesting contributions.
• The right to be heard is one of five recommendations in our Better Engagement Agenda, which is the Institute’s platform for the General Election. Copies available very soon
• An online discussion on the right to be heard is one of five discussions which we will hold on the Institute’s LinkedIn page: https://www.linkedin.com/groups?home=&gid=7422841
• You can watch an episode of The Planners on Youtube. Around 40 minutes into the recording, there is coverage of a public hearing: http://www.youtube.com/watch?v=3xT1zNfB7g8

This is the 274th 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.