In July 2012, the Cabinet Office produced a new set of Consultation Principles, intended to replace the 2008 Code of Practice, and put into effect immediately.

Many established stakeholder organisations were taken aback, leading in time to a decision by the House of Lords Secondary Legislation Scrutiny Committee to conduct an inquiry in the autumn of 2012. Its concern is well expressed in its

Report (published 10 January 2013)

“Changing the approach to Government consultations without first sounding out interested parties has been interpreted as a signal of an underlying intention to reduce consultation, even though the Minister assured us that this is not the case.”  (Par 65)

The Report^[1] is based upon 77 responses to a call for evidence, and oral evidence taken from the Rt Hon Oliver Letwin MP, Minister for Government Policy.  At that session, the issue of consultation timescales was discussed in detail. The Committee includes highly experienced politicians e.g. Baroness (Estelle) Morris, Lords Goodlad, Bichard, Norton and a distinguished Judge – Lord Scott, and they were almost all deeply concerned by the apparent retreat from the 12-week default rule. Among those whose evidence expressed anxiety about the Principles were the Centre for Public Scrutiny, the British Chamber of Commerce, the British Retail Consortium and the CBI. In its report the Committee quotes a case study of a recent consultation on ‘employeeowner status’ – described by the CBI as “how not to do it”.

The Committee concludes that

• “…rushed consultation processes make it too difficult for external interests to provide expert critique at the right time.” (Par 5)
• “..The July 2012 Principles are failing to provide the consistency and transparency that others look for in consultation exercises.” (Par 6)
• There should be “… An independent, external review of their new approach to consultation without delay…” (Par 7)

The Cabinet Office said that it would review the Principles after one year. The Committee argues for immediate action – starting in January and concluding by Easter. It also notes that Mr Letwin has already conceded on two points:-

• Placing consultation analyses in the public domain (ie feedback)
• Being explicit about avoiding holiday periods

On the day that the Committee’s Report was published The Times front-page headline was Millions are squandered as red tape chokes action. Inside there was a two-page spread illustrating issues over which the newspaper obviously thought consultation wasn’t necessary (ice-cream van chimes, the English scallop order, electronic reporting of pig movements etc). This of course may have been pure co-incidence! Similar stories appear in the Press from time to time, almost as often as outrage is expressed that Government departments have taken a decision ‘without consultation’!

The Institute View

• Too much of this debate is still centred on timescales. The overall quality of the consultation exercise matters more.
• With both Houses of Parliament uneasy about the new Principles, and influential newspapers also on the warpath, there may be a good opportunity to re-examine the Principles – this time taking note of relevant stakeholder views!
•  The Committee suggests that the National Audit Office conducts such a Review. We agree, but it needs people with knowledge of the subject. tCI will be happy to help.
•  That said, the Institute believes there are many valuable messages in the 2012 Principles (See our Briefing Paper 32 for our full analysis) and that these need to be applied with care by public bodies. The forthcoming review should not divert officials from implementing key aspects of the Principles – not just more flexible durations.
• The Principles apply to all public bodies. It is therefore relevant to Consultation and Public engagement staff in central Government departments; those working in similar positions within the devolved administrations in Belfast, Cardiff and Edinburgh, whilst not immediately affected, may need to note the issues raised by the new PrinciplesRelevance

Almost identical issues arise for independent regulators, executive agencies, non-departmental public bodies, and advisory committees.

All local service providers such as the NHS, Police, Courts and local authorities engage in public and stakeholder consultations, and working practices now need to conform to the Government Principles.

Further insights

• This Briefing was written by Rhion Jones, Programme Director of the Institute, who may be available for discussion. Telephone the Institute’s Centre of Excellence in Biggleswade on 01767 318350

• On 15^th January 2013 in London, the Institute is holding a Breakfast Briefing on Applying the new Cabinet Office Principles; a few places are still available.

• The Principles, and what changes may be expected to them, will also be covered alongside other issues in the Institute’s Roundtable on 13th February 2013 in London. The event is called The challenge of stakeholder engagement and consultation – a new priority for Regulators and places can be booked through the tCI website or the tCI office.

• The Institute’s Briefing Paper 32 – Putting the Principles into Practice was written a few weeks after their Publication and is an attempt to codify the narrative into ten clear Principles. It is an useful Guide to all public bodies seeking to implement the Principles.

• Convincing sceptical stakeholders – and the general public – that a Government department or public body is conducting a consultation really well is best done by obtaining an independent Compliance Assessment. The Consultation

• Briefing Notes are published by the Institute in good faith as a member benefit, but the information provided cannot be relied upon asInstitute has the expertise and status to undertake such assessments and can award the ^{constituting advice giving rise to any legal or other liability whether express or implied}Certificate of Best Practice for consultations that meet our standards .

– and confirm to the Government Consultation Principles.

(1) “The Government’s new approach to consultation – “Work in Progress” HL Paper 100

This is the 7^th Briefing Note; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement