A User Guide to Stakeholder Consultation
Contents
1. What are the best ways of reaching stakeholders Who can help you to reach the marginalised groups 13 4 Decision to proceed Have you sought appropriate approval on the policy intention and consultation process Have you drafted a briefing paper and draft consultation document for approval by the Senior Management Group and Management Board Does the consultation document require an executive summary and does it include reference to Section 75 and Human Rights duties 14 5 Identify methods Are you considering advertising or Have you considered asking stakeholders to advertise for you through their websites How can you ensure your chosen methods reach everybody How will you launch the Consultation 15 CONSULTATION PERIOD duration of at least twelve weeks giving consideration to holiday periods During consultation period questions to ask 6 Publication and distribution Have you chosen Consider your audience and of material communication channels to whether alternative formats are reach everybody needed Offer a translated version of the document Have you provided an option to Documents should be provided in an respond in a number of ways Andis easily accessible language appropriate the material accessible to your audience The Equality Commission s website provides advice www equalityni org Provide clear instructions for2. Be flexible avoid consultation overload and expect some negative views it s not personal Use plain English avoid jargon and try to make your consultation interesting Avoid leading questions Allow at least 12 weeks for formal response longer if it clashes with holidays Offer a choice of ways to respond it s about the consultee not what s easy for the PPS Actively involve hard to reach groups Become familiar with the many umbrella organisations out there Consider carefully how you will publish responses After you have analysed responses you must produce a summary report Consideration should be given to publishing all responses where appropriate 21 Further Sources for Information PPS Website http www ppsni gov uk Equality 5023 html Northern Ireland Equality Commission Northern Ireland www equalityni org Section 75 of the Northern Ireland Act 1998 A Guide for Public Authorities Revised 2010 Equality Commission Northern Ireland consultation advice http www equalityni org sections default asp cms policy Section 75 the statutory duties consultation amp cmsid 89 98 102 amp id 102 amp secid 6 Equality Commission Northern Ireland www equalityni org Monitoring Implementation public policy and programmes of the United Nations Convention on the Rights of Persons with Disabilities UNCRPD in Northern lreland Equality Commission Northern Ireland 2008 www
3. consultation Effective engagement does not mean that every consultation must follow the same format or use every consultation tool You know your policy and stakeholders best therefore develop a consultation that will meet their needs as well as yours Every consultation is an opportunity to develop more innovative and effective ways for PPS to engage with the community In Section 75 of the Northern Ireland Act a guide for public authorities the Equality Commission state Section 75 is underpinned by the building of relationships between those who make and deliver public policy and those affected by such policy Consultation can help authorities to become aware of problems their policies may pose for individuals which the organisation might not otherwise discover The legislation requires consultation on the equality scheme itself on the impact of policies and on matters to which the Section 75 statutory duties are likely to be relevant Section 75 should enable public authorities to identify the usefulness of their policies with a view to improving service provision and accessibility on a continuous basis Public authorities will want to ensure that they are providing the best possible services within available public monies Consultation can help to ensure that public policy meets its intended need and contributes to better service delivery and accessibility A key aspect of effective consultation is providing timely
4. feedback be given Do you need to weight responses Are you content that you have been open about how you weight responses Can your audience access the completed document and published policy 18 Post consultation period questions to ask Can you demonstrate to respondents that their input was valued and considered fully Have you forwarded a copy of the summary report to the relevant Senior Assistant Director for approval with further reference to the Senior Management Group Management Board if required Think of how your final document will demonstrate to respondents that you have considered their input Thank respondents for their input Ensure you have allowed sufficient time for publishing your final document 8 Review of consultation process Have you evaluated your consultation How will you consider the Lessons learned during the process Share results of evaluation with colleagues within relevant sections of the PPS What worked and did not work in the consultation It is important to evaluate whether the consultation made a difference 19 Consultation Checklist A consultation must always have clear aims and objectives Consultation should be about engaging with practitioners and the community to improve proposals and to seek views on what will work Follow these simple rules and you can t go wrong 1 When you decide to consult ask for a
5. feedback to consultees demonstrating how their input was considered and how it affected decision making Chapter 3 of the PPS s Equality Scheme sets out the Service s arrangements and commitments for consulting in accordance with the Equality Commission s guidance Why Consult There are three very good reasons why we should consult with the public It is good practice it makes for better policies and services and it makes sense to ask those directly affected for their views When you are preparing a consultation you should look to and beyond the generic groups that respond routinely to public consultations Also keep in mind that Section 75 emphasises the need to actively seek ways to encourage greater equality of opportunity and good relations through policy development Our Equality Scheme recognises the importance of consultation in all aspects of the implementation of Section 75 statutory equality duties Some stakeholders believe that not enough thought has gone into reaching those affected by the matter under consideration It has also been raised that engagement should be more meaningful a two way process and we need to demonstrate that we take full account of stakeholder s views Criminal Justice Inspection NI s 2009 report revealed that a number of groups consulted had acknowledged the failure of the early approach to consultation which was described by the Equality Commission as general mailshots with no
6. need to plan well and to build sufficient time within the process for early engagement with stakeholders Sources of advice and support are also provided At the same time it does not advocate a one size fits all approach It prompts us to consider the most appropriate methods of consulting with a diverse audience and also highlights the importance of engaging with hard to reach groups who are often most affected by our policy decisions We must recognise the importance of consultation in ensuring that we get our policies right Ultimately meaningful engagement with stakeholders where we can demonstrate that we have taken account of views is vital in building and maintaining the confidence of the public Therefore we must strive to find ways to improve our approach to consultation and over time to develop new and more effective methods to engage believe that this guide will help us to take full account of our responsibilities with regard to consultation and equality and lead to improved policy outcomes hope you find it useful and would urge you to consider the advice given before embarking on any future engagement with stakeholders and the public Barra McGrory QC Director of Public Prosecutions For Northern Ireland February 2013 Introduction This User Guide to Stakeholder Consultation is intended to give those involved in developing policy within the PPS an accessible introduction to the key principles of
7. responding to your consultation and offer flexibility on how to respond The Participation Network provides free advice and consultancy support to Government agencies wishing to engage with children and young people this includes drafting young person friendly versions of documents www participationnetwork org Have you considered focus groups Consider how to reach all workshops public meetings marginalised groups For advice on this contact the Equality Officer or Policy and Information Have you advised your consultees of its publication Do stakeholders have enough time to respond Section Ensure there is flexibility in dates for response If necessary and appropriate consider extending the deadline and advise consultees accordingly Post consultation period questions to ask Where appropriate contact e mail or 7 Analysis of responses and dissemination of results How can you encourage remind stakeholders to provide feedback Will respondents submissions be published phone key consultees to remind of deadline Follow up by targeted phone calls to key consultees if required You should advise consultees of your intention to publish at the earliest opportunity 17 Post consultation period questions to ask Will the analysis draw out key messages and themes Is specialist help needed for the analysis How will
8. Public Prosecution Service for Northern Ireland A User Guide to Stakeholder Consultation PUBLIC PROSECUTION P 2 SERVICE Independent Fair and Effective Alternative Formats This document can be made available in alternative formats on request Alternative formats may include Braille audio formats large print or minority languages to meet the needs of those whom English is not their first language Requests for alternative formats can be made to the Service s Equality Officer at the address below Anna Scott Equality and Corporate Governance Officer Corporate Services Public Prosecution Service Linum Chambers 2 Bedford Square Bedford Street Belfast BT2 7ES E mail anna scott ppsni gsi gov uk Contents Foreword by the Director Introduction Why Consult Thinking of Consulting What MUST you do Step by Step Guidance on Stakeholder Consultation Consultation Checklist Further Sources for Information Page 20 22 Director s Foreword This User Guide to Stakeholder Consultation has been produced in conjunction with colleagues in the Department of Justice and it is aimed at all staff working in the criminal justice system Its purpose is to provide staff with guidance in an accessible form which will assist in promoting good practice in this crucial area The guidance offered includes a series of practical steps which should be followed when setting out to consult For example it emphasises the
9. dvice The PPS have launched previous consultations and colleagues have been through it all before Ask them for the pitfalls what worked well and what they would do next time around Help is out there Make use of networks find out if similar consultations are ongoing or due to launch 2 Screen early Section 75 is vital to the consultation Although pre consultation with key stakeholders will add time to the process it is a key part of effective consultation A few extra weeks of meaningful engagement at this stage will add value to what you produce and may save you time in the long run 3 Factor in extra time for the Senior Management Group and Management Board The Senior Management Group and Management Board has a key role in scrutinising a draft consultation document before it is formally launched and the consultation responses after analysis and prior to publication 4 Pre consultation with those most closely affected is always a good idea 5 Involve Media and Communications at an early stage 20 10 11 12 13 14 Involve a critical friend Before issuing your document ask a colleague in the PPS to run a critical eye over your proposals Be clear on why you are consulting and be proportionate Case Study A County Council in England sent out a 20 page survey to 180 000 homes at a cost of 100 000 The survey took two hours to complete and was returned by 85 people that s 1 200 per response
10. equalityni org Lets Talk Lets Listen Guidance for public authorities on consulting and involving children and young people Office of First and Deputy First Minister A Practical Guide to Policy making in Northern Ireland www ofmdfmni gov uk policylink a practical guide to policy making DHSSPS 2003 Guide to Consultation Methods for Northern Ireland Public Authorities www dhsspsni gov uk consultationquidance Office of First and Deputy First Minister 2003 Effective Policy Making Workbook Five From Consultation to Announcement Office of First and Deputy First Minister November 2008 22 Guidance on distribution of Departmental publications and consultation documents NI Direct for information help and advice on equality matters delivered through the official government website for Northern Ireland citizens http www nidirect gov uk section 75 htm Northern Ireland Commissioner for Children and Young People NICCY Participation Policy Statement of Intent Office of First and Deputy First Minister website for information help and advice on equality matters http www ofmdfmni gov uk equality htm Great Britain Cabinet Office 2002 Viewfinder A Policy Maker s Guide to Public Involvement Department for Business Enterprise and Regulatory Reform 2008 Code of Practice on Consultation Dundee City Council An introductory guide How to consult your users Scottish Executive 2002 Good Practice G
11. f other criminal justice agencies What resources will be required including staffing The pre consultation period should not be rushed Itis important to take time to plan prior to consulting and if applicable to prepare a detailed project plan Consider how you are going to encourage stakeholders to become involved and plan the process from who to consult with to agreeing on how you will analyse findings monitor evaluate and provide feedback to your consultees Early engagement with your key criminal justice partners makes sense helping identify any potential problems at the outset Have you developed a working relationship with criminal justice partners Have you and your staff taken up training opportunities on Public Consultation and Engagement 2 Identify timescales for consultation Is your team aware of Section 75 Statutory responsibilities 10 How long should the consultation last How will you consult 11 3 Identify stakeholders and methods Who are your stakeholders Do you know who your stakeholder Umbrella groups are How and when should you engage Have you contacted the Equality Officer who will provide guidance on the current consultation list Have you considered consulting with your own staff Have you considered whether similar work is ongoing elsewhere internally and beyond the PPS 12
12. lders Talk to colleagues and learn from experience Screen your policy early and notify consultees as part of the screening report ensuring the screening form is attached as an Annex to the consultation document Use plain English explain technical terms and jargon Include reference to Section 75 duties and Human Rights obligations in the document Advise entire consultation list of forthcoming consultation inviting interest advise the Equality Officer if updates are required to the list and Produce and publish summary reports of consultation responses following analysis Step by Step Guidance on Stakeholder Consultation The following table sets out a step by step guide on the different stages of consultation from pre consultation to analysis and publication While each consultation will have its own particular stakeholders and differing ways of engaging the general principles below will help you carry out a proportionate and effective consultation Questions to ask Points to consider 1 Agree on subject and purpose of consultation Does this policy relate to the prosecution of offences and therefore excluded from the operation of Section 75 Why are you consulting Are you and your team clear about what you are consulting on Are your plans timescales and milestones clear What outcome objective do you need to deliver Have you considered the support and engagement o
13. targeting and no follow up lt was agreed that this approach was not always appropriate and that more focused and targeted consultation was necessary Concerns were raised however that some agencies when faced with the low response rates to the earlier attempts at general consultation had decided on a policy of targeted but selective consultation The consulted groups felt that this often had the outcome of excluding some of the voices which might be most critical of the approach being taken by the agency involved It must therefore be stressed that consulting is about dealing holistically with equality of opportunity across a range of categories Every consultation must be approached on the basis of its specific content Although certain minimum standards must be met in every one the most effective means of consultation can only be decided on the basis of the details of the policy in question A Criminal Justice Consultative Forum encompassing Section 75 Representative Groups has been established to support and improve the way in which criminal justice agencies conduct consultations In the longer term it is envisaged that the Consultative Forum will engage with the Criminal Justice Board to provide advice and raise issues of strategic significance Thinking of Consulting What MUST you do First decide whether a consultation is required e Ensure you plan well and allow sufficient time Ensure early engagement with stakeho
14. uidance Consulting with Equality Groups Scottish Executive 2008 Consultation Good Practice Guidance Republic of Ireland Department of the Taoiseach 2005 Reaching Out Guidelines on consultation for Public Sector Bodies 23
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