Bichard, who is a former permanent secretary and a member of the Lords’ Secondary Legislation Scrutiny Committee, said last Friday that since the publication of the the government’s new consultation principles in July 2012, “there has been a significant reduction in the periods of consultations”.
The principles allow departments to decide whether or not to consult on policy proposals, and lift the previous 12-week minimum duration – replacing it with a voluntary two-week minimum.
However, Bichard warned that a lack of consultation “often leads to imperfect legislation.” As an example, he cited the Protection of Freedoms Act 2012, which allows DNA profiles of adults convicted of a recordable offence to be retained indefinitely.
Bichard pointed out that due to a loophole in the regulations published to support the Act, offenders convicted of a serious offence may be able to insist that their DNA profile is deleted if it was created during the investigation of an earlier, minor offence.
These regulations were not put out for consultation, Bichard said – though he would normally expect a department to consult on orders such as these – and a consultation would have “almost certainly spotted” this issue.
Bichard was speaking following the publication of a report by his Lords committee, examining the revised principles and accusing government of “prioritising their administrative convenience over the interests of potential respondents”.
A Cabinet Office spokesman said the new principles “emphasise that consultations should generate meaningful engagement, rather than becoming a tick-box exercise”, and that they will be kept under review.