Public debate is the most important learning tool in democratic governments. Public consultation is the means by which regulators learn how to regulate better. Consultation, if constructive and well structured, improves the quality of rules and programs, improves the legitimacy and credibility of government actions, and improves compliance, reducing enforcement costs for both governments and citizens.
Jacobs and Associates has built systems, procedures, legal frameworks, websites, and capacities for stakeholder consultation in many countries. For example, in Jordan, we have piloted consultation guidelines and procedures in two ministries in 2009-2010. See our consultation projects here.
The design of consultation processes is critical to results. Our comparative assessment across countries has shown that public consultation in making regulations has become simultaneously more multilayered, which allows it to become more open, and more targeted:
- More open in the sense that consultation is occurring sooner, more systematically, and more transparently. The European Commission published in 2002 a consultation communication that lays out minimum standards of consultation, and in 2004 it reported that “Efforts to consult widely before proposing legislation reached record levels.” The United Kingdom’s Cabinet Office reports that “We consult more extensively now than ever before. And, in the vast majority of cases, consultation periods are now at least 12 weeks long, enabling more time for responses and more people to be involved.” Ireland’s consultation policy states, “The introduction of RIA in Ireland means that public bodies will…consult more widely and systematically.” In the United States, the United Kingdom, and the European Commission, draft regulations and RIAs are published on Internet sites for maximum public access.
- More targeted in the sense that consultation is structured to link information needs with particular stakeholders. Consultation with key stakeholders has become more structured in several countries, a welcome development given the difficulty of eliciting high quality information from the public. These structured approaches include test panels in Denmark, United Kingdom, Germany and the Netherlands, and focus groups (Sweden, Victoria State). The Victoria State RIA Guide (2005) states that preliminary consultation may occur through focus groups
Using IT tools and modern consultation practices, Jacobs and Associates designs consultation approaches for regulators.
