For a number of years the accepted standard has been for 12 weeks’ public consultation unless the proposing Department can give a reasonable justification that a shorter period is more appropriate to the specific circumstances, for example because the amendment is very technical affecting only a few specialists or because those affected have been involved in the negotiation of the Directive that the instrument implements and are content with the outcome.
In a Written Statement, on 17 July 2012, Mr Letwin announced a new approach to consultation which proposes that consultations should follow a range of timescales at the discretion of the Department rather than defaulting to a 12-week period, and that consultation can take different forms but the expectation is that it will be "digital by default". The Committee has decided to look into this proposal in more depth and has issued a call for evidence seeking views from anyone interested in how the process of consultation should be conducted.
Chair of the Committee, Lord Goodlad, said:
"The Secondary Legislation Scrutiny Committee’s task is to scrutinise all new regulations to see whether they are likely to achieve their stated policy objective. We look to the consultation exercise and how it was conducted to inform our consideration of how well proposed legislation might work in practice. We shall therefore take evidence from the Minister, and that session will be better informed if all interested parties let us know their views, by the end of November."
The Committee is particularly seeking views on:
- under what circumstances it might be reasonable for the Government to decide not to consult on policy development;
- when - and for how long - consultation exercises should be held;
- how the expectation that consultations would happen digitally will impact on different groups in society; and
- whether this new approach to consultation will lead to improvements in the process and outcomes.
We would be grateful for concise written responses by 30 November 2012 in advance of an oral evidence session with Mr Oliver Letwin, MP, Minister for Government Policy which will take place on December 11. It is not our current intention to call other witnesses for oral evidence.
For information about how to submit your views, please see the call for written evidence. Material can be submitted by email to seclegscrutiny@parliament.uk or by post to Secondary Legislation Scrutiny Committee, House of Lords, London SW1A 0PW and should arrive no later than the end of November 2012.