05/08/2024 | Press release | Distributed by Public on 04/08/2024 20:48
Agencies that prepare Cabinet papers are responsible for ensuring that appropriate consultation is undertaken on draft Cabinet papers and other material that is intended for consideration by Cabinet, that other agencies are given reasonable time to comment, and that agency views are accurately reflected in the paper. Effective consultation ensures that Ministers receive sound, comprehensive, and co-ordinated policy advice.
The below document 'Guidance for the distribution of Cabinet-related material' outlines how agencies are expected to undertake consultation, and includes some useful practical process advice.
Ideally, consultation should take place with agencies, key stakeholders, and interest groups, as a policy is being developed. When agencies know that an issue is under discussion that they have an interest in, they should take steps early in the process to bring their interest to the attention of the drafting agency. Smaller agencies need to use their networks actively to ensure that their interests are known by others.
Drafters need to address the following questions when considering which agencies will need to be consulted on a particular paper:
Consultation with agencies can take a number of forms. On occasion, it is sufficient to send copies of a draft Cabinet paper to other agencies for comment. In other cases, it is appropriate to discuss and try to get agreement with other agencies on policy issues before finalising a draft paper for more formal consultation. For significant cross-government policy issues, a collaborative approach between relevant agencies will be required.
Agencies being consulted must be given enough time to consider a draft Cabinet paper, and should see the final version of the document before it is uploaded to CabNet to ensure that they are happy with the comments attributed to them. Papers should indicate the agencies consulted and, if appropriate outline their views and/or whether they agree with the proposals.
Every attempt must be made to present a proposal that is supported by all agencies that were consulted. If consensus cannot be reached, the paper should include all views and, if necessary, options should be provided in the recommendations, clearly showing who supports which option.
Many Cabinet papers will need to be consulted with DPMC, PSC and the Treasury. Drafters should, where they are uncertain, check with the relevant advisors in DPMC, the Treasury, and PSC on whether the paper that they are preparing needs consultation with those agencies.
DPMC has responsibility for advising the Prime Minister on all policy proposals that are likely to have implications for the government as a whole. This is often because they are significant policy matters, issues needing high-level co-ordination, or issues of particular public interest.
PSC has responsibility for advising Ministers on whole of government perspectives, on proposals to establish, merge, or disestablish Public sector agencies (other than State-owned enterprises), and on proposals with an impact on organisational structures, strategic alignment, and capability. PSC is also responsible for chief executive accountability or departmental performance specifications, and workforce or employment relations in the Public sector.
The Treasury has responsibility for advising the Minister of Finance on all proposals with economic implications, financial or fiscal (expenditure or revenue) implications, implications for the Public Finance Act 1989, and regulatory implications (proposals for primary legislation or disallowable instruments submitted for approval to Cabinet).
The Treasury must be consulted on all papers with financial, fiscal, or economic implications, or that contain recommendations on expenditure or revenue. The Treasury must be allowed at least two weeks to comment (unless there are compelling and unavoidable reasons to be less), and the implications must be detailed in the Cabinet or Cabinet committee paper and, if appropriate, in an accompanying Regulatory Impact Assessment. This is discussed further in the page on Financial Implications in Cabinet papers.
The Ministry for Regulation has responsibility for providing second opinion advice on regulatory initiatives, including those with financial, fiscal, or economic implications. The need for consultation on Cabinet papers is in addition to requirements for consultation associated with the Regulatory Impact Assessment process. See the page on Impact analysis for further advice on that process.
Ministers also want assurance that the issues in papers have been assessed for their implications for the Crown. This includes legal obligations, human rights issues, regulatory impact and compliance cost implications, and the use, long-term lease, or disposal of Crown-owned land.
The following list indicates which agencies drafters should consider consulting to ensure that their paper addresses these matters:
Any policy proposal will have impacts on particular population groups, such as people of certain ages or ethnicities. Ministers will want to know that these have been well thought through. The best way to work out if there are impacts on populations is to consult early with population agencies (i.e. government agencies which focus on population groups). The list below indicates the agencies that drafters should consider consulting and includes links to tools to help with analysis where these are available:
Some papers may also require consultation with agencies that have responsibility for more specialised areas of activity with application across the government. These issues include: