Why Consult
Consultation is a formal process for getting people’s input on a specific issue, analysing this input and using it to inform the Government’s policy development work. Consultation is not a public vote, it is a qualitative exercise to seek evidence to help deliver the most effective and efficient policy within the constraints set. Sometimes consultation of stakeholders and interested parties maybe a statutory requirement. Sometimes consultation will be required due to previous commitments made by Government. However, quite apart from whether a legal duty to consult arises, there can be significant practical benefits to carrying out a formal, written, public consultation exercise. Exposing the Government’s preliminary analysis to public scrutiny, getting views from interested parties and giving those who would be affected by a new policy the opportunity to express their thoughts can help the Government:
• develop effective solutions;
• identify the full range of affected parties;
• minimise the risk of unexpected consequences; and
• to discover better implementation methods.
Involving interested parties in policy development is also effective in increasing trust and engagement with stakeholders. This is because consultation:
• promotes transparency and accountability;
• improves awareness and understanding of the policy area, and can address assumptions; and
• encourages public ownership of the policy, therefore increasing public commitment to it.
It is because of its significant contribution to evidence-based policymaking that consultation is a key “better regulation” tool and the Code of Practice and this guidance are owned by the Government’s Better Regulation Executive in the Department for Business, Enterprise and Regulatory Reform.
Formal, written consultation is however not the only way to seek input. Deliberative engagement techniques are also used to bring together a range of people to discuss issues of public policy. They usually work by bringing together a sample of the public to deliberate on the questions before them. This often incorporates dialogue with experts, organisations and political leaders holding different views before participants are asked to express a considered view about the issue. These deliberative techniques can be helpful in bringing policymakers and members of the public together to understand key concerns, explore the impact of proposals, consider trade-offs and to help identify consensus. Depending on the issue, these deliberative techniques might be used to supplement traditional consultation exercises but may also be of value as stand-alone activities. More information about different forms of deliberative engagement can be found at: www.peopleandparticipation.net/
One increasingly popular way for central Government to seek input from (and have dialogue with) the public is through websites and online forums. The Democratic Engagement Branch at Ministry of Justice has commissioned the Digital Dialogues project to evaluate a series of case studies exploring how well these sites promote engagement, and to identify where there is scope for improvement (see www.digitaldialogues.org.uk). Democratic Engagement Branch can also facilitate access to other government agencies interested in engagement through its Community of Practice. Work on making consultations easier to find online in one place is on-going. You should speak to your Consultation Co-ordinator about this.