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Consultation must be real and genuine

Good management practice: sufficient skills and appropriate resources should be invested in holding public consultation

Inquiring minds want to know, Mr Editor, following last week’s column and recent events: OK, Barritt, any bright ideas on how consultation could work? Fair question.

First, any attempt needs to be real and genuine. People will quickly recognise when it is and when it is not.

Second, it isn’t as if the powers that be are being asked to discover plutonium. Consultation can take many forms.

It has been used elsewhere effectively in other parliamentary democracies. What is needed is the political will to make it happen — and, I may add, a commitment to stick with it even when the going gets rough.

The Commonwealth Parliamentary Association had some suggestions. It made them as part of the CPA’s recommended benchmarks in 2012, some of the formative discussions for which occurred here in Bermuda and to which the former Premier Dame Jennifer Smith and myself were invited to lend a hand. We did.

Two of the more relevant recommendations were:

• The Legislature shall provide adequate mechanisms to encourage participation and public submissions on Bills introduced

• Information shall be provided to the public in a timely manner regarding matters under consideration by the Legislature

Here on the Hill in Bermuda, Bills typically are “tabled” for a minimum of two weeks before they are taken up for debate and approval. Interested members of the public may obtain copies from their MPs, the House or from off the Legislature’s website (www.parliament.bm). But there are no formal mechanisms for feedback. Voters are left to ask any questions and make representations the best way they can.

It has been that way around here for donkey’s years. You might not think that entirely satisfactory in this the modern age of internet and information. It isn’t. It isn’t when controversial issues such as Pathways to Status come along. No need to cover old ground here. You know what I am talking about; only too well.

Mind you, there is an established parliamentary roadway that can be followed in such cases. It has been done before. You may recall the thorny issue of independence, which, when raised, like the issue of immigration reform, tends to expose the racial and political divide that is Bermuda. In fact, it may be a very good example of what should be done.

First, there is a Green Paper in which the Government sets out the facts — as the Government sees them and knows them to be — along with the various options. It is published and tabled in the Legislature for information and discussion only. There may even be any number of town hall meetings to let the public weigh in.

This is then followed by a White Paper, in which the Government sets out its policy and how it proposes to proceed, having given the Opposition and voters the opportunity to put forth their views and ideas.

The White Paper is not just for discussion, either. It is voted upon. Legislation then follows.

There are other alternatives, too, which can be employed with the Westminster model. There are parliamentary committees that ought to be a feature of any modern jurisdiction and about which I go on about from time to time. You want our legislators to work together? Give them the opportunity to do so.

They can be aided, too, by ad hoc committees of key stakeholders, as is the case from time to time, which can assist in the formulation of policies.

Whatever shape or form consultation takes, it should be done in the sunshine of public scrutiny. Public hearings are one possibility. The internet now makes possible dedicated websites for the posting of information, submissions, discussion and feedback. Genuine consultation must also feature the following, for which I cannot claim complete credit, as they are lifted in part from a report by Canada’s Auditor-General on public consultation and how it should work:

• Appropriate policies and practices must be in place from the start for everyone to follow so as to ensure compliance with the proposed procedure.

The process should be:

• Compelling, so voters will want to be involved (no extra effort needed there with immigration reform)

• Allows sufficient time for people to respond

• Clear about what’s needed and why

• Identifies all those with an interest and encourages them to participate

• Provides good feedback, so people will not think they have wasted their time on a sham

There has to be an acceptance, too, by those in power, the Government in particular, that public consultation is good management practice and a pragmatic way to bring about informed decision-making. Sufficient skills and appropriate resources must also be brought to bear to make it work. We are so often encouraged, Mr Editor, to think outside the box. But frankly we could make a good start by better employing what tools we already have in the box.