Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

The law-making process: consultation over-load?

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In Chapter 3 of the book, I suggest that the legislative process passes through a number of stages:

  • ideas set out in the party election manifesto of the winning political party;
  • (sometimes) publication of a Green paper – setting out ideas for law reform;
  • (more frequently) publication of a White paper – setting out firmer proposals for changing the law
  • publication of a Bill – putting the proposed changes into draft legislative form.

Of course, real life is not as clear-cut as that.

I was struck, however, by an article that recently appeared in The Times (30 March 2018) under the heading “Hundreds of government pledges the Tories have quietly forgotten”. Investigators from the newspaper stated that, since 2015, 1,661 consultations that have been launched by the present government. In most cases, there is little sign that the results of the consultations are either being analysed or acted upon. And given that consultations cost, on average, £40,000, this represents a waste of cash resources as well.

The authors state “Whitehall guidelines say there should be an official response within three months outlining steps for new policy or legislation. However, the government website shows that almost a third of the Tories’ consultations have had no such response and 202 out of 898 that started before the end of 2016 remain incomplete.”

Thus what might seem to be an important source of ideas for legislative change turns out to be somewhat underwhelming. Sorting out legislative priorities is a challenge for any government, but it is important that, when the public is asked for its views on possible reform ideas, it should feel that its views are taken into account, even if not acted upon in the way respondents might hope for. If the public starts to think that ‘consultation’ – which might imply some action – is being used, instead, as an excuse for inaction, this does not seem to me to be a sensible use of the consultation process – which should encourage engagement in the policy/law-making process.

The Times article is at https://www.thetimes.co.uk/article/hundreds-of-government-pledges-the-tories-have-quietly-forgotten-6kwt879bg 

(This may be behind a paywall).

 

 

 

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Written by lwtmp

April 23, 2018 at 3:40 pm

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