The Consultation Process - before a bill is introduced
The Green and White Paper Processes of Consultation
Green Papers are statements of Government Policy or proposals for Government legislation that are normally laid before Parliament and then issued through Government Departments and Stationery Office book shops for the purpose of debate or wide consultation prior to a final Government decision being taken on how the proposal might be taken forward.
They are usually publicised, first by a statement by the Secretary of State to the House of Commons (the Statement may be repeated in the House of Lords) on the day of publication and then by a Press Notice and Press Conference.
Thereafter, further publicity is given to the Green Paper through the media and sometimes by the Government Department through exhibitions, road shows and leaflet drops.
It is for individuals and organisation to find out from the media, Government Departments, Parliament the exact timing of the consultation process and how comments, either for or against the proposals should be submitted to the Government.
Many organisations that already have day to day involvement with the broad policy may well be sent copies of the Green Paper with a covering letter from the relevant Government Department, stating where comments should be sent and the timing.
All comments received by the Government Department and not sent through a Member to the Minister, are usually acknowledged by a Civil Servant and a summary of these comments is then drawn up by the Civil Servants and submitted to Ministers in order for them to discuss widely with Ministerial and Cabinet colleagues before passing on to the next stage of policy development.
White Papers
White papers are the next step in the process from a Green Paper. White Papers are statements of Government Policy or proposals for Government legislation or administrative action which are laid before Parliament. They are called White Papers simply because they used to be printed on white paper. Now they tend to be more attractive and printed in glossy format.
In the case of a proposal for legislation, the White Paper is usually published at the same time as an oral statement is being made to Parliament. Having been presented to Parliament, it is then available though the Stationery Office to the wider public for general consultation.
The consultation process will usually follow the same process as that of a Green Paper, but, as a White Paper is of a much higher profile, there is generally much greater press interest. The timing is usually much tighter, as this may be the final consultation stage before the introduction of legislation.
This is normally the last state for organisations and individuals to be able to offer their comments to the Government before the proposals are drafted into a Bill.
For both Green and White Papers, if a statement has been made to Parliament, copies of Hansard should be obtained. These statements give, in a nutshell, the main thrust of the Government’s policy and will also give an indication of the views of the Opposition, minority parties and backbench MPs. These views can be invaluable, particularly if they are similar to those of the organisation or individual who wish to comment.
Draft Bills
Draft Bills are recent development – this is a further stage of consultation between the White Paper and the Bill itself. The Government is committed to increasing the use of draft Bills, and a number have been referred to select committees, or joint committees of the Commons and Lords, for examination.
For further information, please email the Parliamentary Unit here.