Better regulation of public engagement

What are the options?

There are four:

Better enforcement of the existing Consultation Principles

They have been around since 2011 and were roundly criticised when the previous Code of Practice (2008) was summarily replaced. They were improved in 2018 but suffer from the drawback that there is not the slightest will or process for enforcement. The House of Lords Select Committee on Secondary Legislation criticised Government Ministers for disregarding the Principles, and compliance is poor. In a recent sample study of Government consultations, only 52% reported the output within the 12 weeks prescribed in the Principles.

Replacement Principles – back to the standards of the 2008 Code of Practice

This is regarded as the high-water mark of Whitehall’s willingness to embrace best practice standards, and reflected some serious contributions by the Consultation Institute. They are mostly still relevant and if supplemented and brought up-to-date, a reversion to the 2008 standards might help.

Revise the National Audit Office’s Terms of Reference to enable it to scrutinise public consultations

The NAO holds a special position and influence in the UK political environment. If its Terms of Reference could be amended to include oversight of public consultations, there would be effective scrutiny, with a possibility that its Reports on Government departments and projects could increasingly cover public engagement aspects of issues they address.

Create a new regulatory regime with statutory backing

Recognises that there will be no effective enforcement unless a totally independent entity is created, with authority to halt sub-standard consultations and to act as arbiter of best practice. A model may already exist. Insofar as the job of the Office of Budget Responsibility (OBR) is to keep politicians honest in relation to finance and money, might a comparable Office of Public engagement (OPE) do the same in relation to consultation and other dialogues?

For more information about the development of the specific OPE proposal, please contact Rhion