Consulting properly
Posted by Christie Malry on February 16, 2010 at 10:15 pm
Reading the loopy legislation from HMRC on tax agents reminds me that the government has a very clear set of standards it must follow when consulting with the public on proposed regulatory changes. Originally devised by the Better Regulation Executive, the Code of Practice on Consultation applies to every government body and is very persuasive guidance for a whole host of other quasi-governmental organisations.
The Code has the following seven main criteria, which are so important government bodies adhering to the Code must include them in their consultations:
Criterion 1 - When to consult
Formal consultation should take place at a stage when there is scope to influence the policy outcome.
Criterion 2 - Duration of consultation exercises
Consultations should normally last for at least 12 weeks with consideration given to longer timescales where feasible and sensible.
Criterion 3 - Clarity of scope and impact
Consultation documents should be clear about the consultation process, what is being proposed, the scope to influence and the expected costs and benefits of the proposals.
Criterion 4 - Accessibility of consultation exercises
Consultation exercises should be designed to be accessible to, and clearly targeted at, those people the exercise is intended to reach.
Criterion 5 - The burden of consultation
Keeping the burden of consultation to a minimum is essential if consultations are to be effective and if consultees’ buy-in to the process is to be obtained.
Criterion 6 - Responsiveness of consultation exercises
Consultation responses should be analysed carefully and clear feedback should be provided to participants following the consultation.
Criterion 7 - Capacity to consult
Officials running consultations should seek guidance in how to run an effective consultation exercise and share what they have learned from the experience.
So, which of these do you think government bodies struggle with the most? Yep, it's criterion number 2: the consultation period. HMRC has the gall to claim that it follows the Code. Yet, a quick browse through its current consultations shows two that have less than a 12 week period, and a load of others which breach the detailed requirements of the Code by holding a consultation over Christmas but failing to extend the consultation period beyond 12 weeks.
This simply isn't good enough. Government bodies should plan more effectively, and build in sufficient time to consult properly on their proposals. If the timetable slips, the regulation must pay the price, not those the regulation will affect. We all suffer when legislation is badly drafted, so let's hope that after the General Election, a new administration can reaffirm its commitment to the spirit of the Code.
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