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Open Legislation


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ECAS Presentation by Fraser Henderson Jan 2015 (Brussels)

Published in: Business
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Open Legislation

  1. 1. Open Legislation Fraser Henderson
  2. 2. The public are perfectly capable of making sense of complex questions Lawmakers are not necessarily expert on the issues on which they are deciding or debating
  3. 3. Active listening Pre-consultation Formal consultation Votes and referenda Civil society governance What do the public think about current legislation? Who are the key influencers and where do they congregate? Do we need new or revised legislation for a given issue? What is current sentiment about an issue or law? What does the public think about the policy options? Are there any policy ideas? Should we pass a new law? What proportion of resources should we allocate? What are the public concerns? Are we accountable?
  4. 4. All draft legislation since 2009 Over 100 laws published & over 400 departmental rules Some >100,000 comments 90-9-1 web rule applies
  5. 5. 1. Online public feedback on all legislation should be default position 2. A clear consultation mandate is needed for each exercise (who/why/when/what happens?) 3. The feed-forward of public comments to Parliamentarians is critical. Practitioners need better qualitative data analysis tools to make sense of feedback. 4. Public feedback needs to be heard . The concept of a ‘public reading day’ or ‘public reading half-hour’ is yet to be tested in the United Kingdom but dedicated time for Parliamentarians to consider or hear public feedback is theoretically a good idea. 5. More pre-consultation is needed. Public dialogue on emerging policy issues would help policymakers ensure that draft legislation was more considered in the beginning, pre-draft. Merits of bill different to technicalities of it.
  6. 6. No Public Feedback = Narrow views = Poor Legislation Public Feedback + No Change – Reasons = No hope + No point Public Feedback + No Participants = No effort / No trust Public Feedback + Change = Impact + Better Legislation
  7. 7. Co-legislation Public versus Experts Fraser Henderson