Introduction to the code

1.    This code sets out and explains seven key criteria for public or other wide-scale consultation, on the basis of a document, about policy issues or public services. It applies to documents in electronic form, and in print (generally, as set out below, they will be in both forms). It replaces the guide How to conduct a written consultation exercises.

2.    The criteria in this code, though they do not have legal force, should generally be regarded as binding on UK departments, including their agencies, unless Ministers conclude that exceptional circumstances require a departure: UK non-departmental public bodies should also generally be guided by them. The criteria should be reproduced in any consultation document, with an explanation of any departure

3.    The main purposes of consultation needs to be borne in mind throughout the process. The main purpose is to improve proposals, ensuring that they are soundly based on evidence, that they take account of the views and experience of those affected by them, and that innovative and creative options are considered. Effective consultation ought also to ensure that everyone concerned feels they have had their say.

4.   The Committee on Standards in Public Life has drawn attention to the importance of consultation with a wide cross-section of the public, without which the openness and accountability of Government could be impaired, and the dangers of privileged access magnified (Sixth Report, Chapter 7). Consultation should always be as wide as the circumstances permit.

5.   Consultation should never be undertaken about aspects of an issue about which the decision is inevitable, for whatever reason. The pretence of consultation simply causes cynicism and mistrust.

6.    Really effective consultation will not be achieved solely by following this code. Departments need to develop expertise in the best methods, and learn from one another. To help this process, an Internet-based best practice forum will be set up by the Cabinet Office later in 2000.

7.    To bring in a greater range of views and information, the Government also intends to establish this year a web-based central register of current public consultations, and later a mechanism by which members of the public can ask to be notified of consultations in particular areas. Further guidance will be issued on this.

8.    The emphasis here on written consultation is not to suggest that this is the only or best method of consultation: other possibilities, and guidance on them, are set out below.

9.    The code is intended to cover wide-scale consultations (based on a document) with external parties: but parts of it may be of broader relevance, e.g. to routine consultation with departmental trade unions.

10.   We gratefully acknowledge the work in this field of the National Consumer Council, whose paper Government Consultations: not just a paper exercise was heavily drawn on in preparing How to conduct a written consultation exercise. The code is, however, the responsibility of the Government alone.