How to be effective in Commission public consultations

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As the Commission’s legislative machine gets into overdrive, there will be more and more public consultations to help mould legislative proposals.

I’ve made prepared many over my long time in Brussels. It is nice to see your ideas and suggestions being reflected in the final Commission proposal. That’s is a nice feeling when you know that idea and solution was off the table. And, over the years, through a process of refinement of making unsuccessful and successful public policy submissions, I think there are some basic things you can do to increase the chances of your ideas and solution being taken up.

If replying to public consultations is new to you, here are some recommendations to make your contribution more persuasive and effective

Recommendations

 

  1. I am surprised at how many people sit out the public consultation process. Whilst silence may be golden in many areas, it is not here. And, if you choose to sit it out, don’t be surprised when you are ignored when you wake up late in the day.
  2. Don’t think that your feedback is going to lead the Commission to change their thinking at the late hour. It’s happened, but just don’t expect it. Modifying where things are going is a better mindset.
  3. Don’t go forward thinking that your suggestions are going to be co-opted. You are not being handed the power of the pen to draft the proposal.
  4. If your submission shows fuzzy thinking and weak (sometimes no) evidence,  the feedback is going to be considered and set aside.
  5. It may seem obvious, but if you want to change public policy thinking, you should bring forward a plausible public policy solution that helps remedy the problem raised by the Commission.
  6. You need to use evidence. I like robust  evidence from respected experts. Pub facts and pub experts won’t cut it. Cass Sunstein or Vaclav Smil may not have something on the point you want to raise, but there is rich tapestry of experts out there. Use them. And, your real life experience can make you an expert.
  7. Put your best case forward but don’t presume your words will be of such revelatory power that officials will back you. Leverage your strong submissions for bi-lateral discussions with the inter-service group.
  8. Have the main elements of your submission pre-written. Most organisations are going to find it hard to turn around something clear, credible and persuasive in 4 weeks.
  9. None of the questions are surprising. If you read the Better Regulation Handbook  (and I realise very few people in or outside the Commission do) you’ll get a good flavour of the questions that come up.
  10. Highlight any unintended, second and third consequences, both positive and negative.
  11. Raise new points. You are not bound to follow the questions. If there is a gap, highlight it. It’s why public consultation exists. Commission officials have not  (yet) solved the Hayekian problem of knowledge. I am sure the concours will get us there someday.
  12. You need to put your concerns down on paper. Don’t sit in your office/zoom call grumbling about things. Officials can’t refer to problems or solutions that are sitting only in your head. They really are not telepaths. And if you don’t put your thoughts down on paper and submit them, the Regulatory Scrutiny Board are never going to be able to refer to the source to a non-existing concern as the basis for a preferred policy option.  Problems dreamed out of thin air are going to be dropped quickly.
  13. Try and use plain English.  It is not as hard as the many public consultation submissions suggest. Showing charts and tables is often good.
  14. Be civil and polite. Decency makes you look good, even when you disagree with the premises being put forward.
  15. Don’t go off to the deep end. Have a friend look it over for a political sanity test.  For example, if you want to deny man made contribution to climate change, just realise your feedback is going to be sitting in the same green ink pile  as  David Icke’s submissions.
  16. Don’t use PR slogans and use evidence. Slogans show lazy thinking or cult membership.
  17. If you disagree with the initiative or presumptions, please say so.  The too familiar “I welcome and support the Commission initiative” and then criticise every aspect of the initiative, looks like it is written by someone with a split personality.
  18. if you disagree, explain why, and the produce evidence. Provide a workable solution.
  19. And, remember, even if it hard and rare to switch the political direction set down in the inception impact assessment or roadmap, it is not impossible.
  20. Mirror back the thinking and language of the Commission.  Read back their own reasoning and political guidelines to them.

 

Effective public policy engagement is the life blood of making good laws and policies. Public consultation is an important opportunity to make your voice heard and influence the process. Don’t be silent or write gobbledygook.