Inception Report – Action plan – Northern Ireland, United Kingdom, 2021 – 2022

Name of Evaluator

Andy McDevitt

Email

andypmcdevitt@gmail.com

Member

Northern Ireland, United Kingdom

Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen...

Action plan – Northern Ireland, United Kingdom, 2021 – 2022

1.1 Does a forum exist?

Yes

Provide a brief explanation of your answer:

The Open Government Implementation Group (OGIG) acts as the multi-stakeholder forumRegular dialogue between government and civil society is a core element of OGP participation. It builds trust, promotes joint problem-solving, and empowers civil society to influence the design, imple... for Northern Ireland´s open government local action plan. The OGIG was established through an amalgamation of the Northern Ireland Civil Service’s (NICS) Open Government Interdepartmental Action Group, Open DataBy opening up data and making it sharable and reusable, governments can enable informed debate, better decision making, and the development of innovative new services. Technical specifications: Polici... Implementation Group (responsible for implementing the government´s Open Data Strategy) and the Northern Ireland Open Government Network (NIOGN, an alliance of civil society groups working on open government issues, active since 2013 ). The OGIG was initially formed to co-create Northern Ireland´s commitments under the U.K.’s National Action Plans, prior to Northern Ireland´s accession to the OGP local program in 2021. (It should be noted that this assessment only covers the development of the 2021-2022 local action plan, and not Northern Ireland´s contribution to the UK´s 5th National Action Plan).

On the government side, the OGIG consists of representatives from each of the nine NICS departments, although the level of commitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action... varies across departments, with the Department of Finance (DoF) acting as the de-facto lead for the group. The group is jointly chaired by the DoF’s Director of Digital Shared Services and Head of Communications and Engagement Division. On the civil society side, the OGIG is represented by civil society members of the NIOGN board, all volunteers, who are self-selected based on their capacity to engage and subject-matter interest at any given time. In theory, the group is also to be supported by external advisors to provide an independent challenge function from civil society, industry and academia at the appropriate juncture. However, no external advisors have been involved since the group’s inception.

Provide references here (e.g. interviews):

https://www.nidirect.gov.uk/contacts/government-departments-in-northern-ireland
https://www.finance-ni.gov.uk/publications/open-government-implementation-group-terms-reference
https://www.finance-ni.gov.uk/sites/default/files/publications/dfp/Meeting%20of%20the%20Open%20Government%20Implementation%20Group%2019%20May%202021_0.pdf
https://www.opengovpartnership.org/documents/action-plan-northern-ireland-united-kingdom-2021-2022/
Interview with Department of Finance, 14 March 2022
Interview with Rebekah McCabe, NIOGN, 16 March 2022
Interview with Paul Braithwaite, NIOGN, 22 March 2022

1.2 Is the forum multi-stakeholder?

Yes

Provide a brief explanation of your answer:

The OGIG is multi-stakeholder insofar as it has representation from government and civil society. However, the OGIG is chaired exclusively by government (rather than jointly by government and civil society). The two full OGIG meetings held during the development of Northern Ireland´s 2021-2022 local action plan were attended by 19 government and 4 civil society representatives, and 13 government and 3 civil society representatives, respectively . The DOF provides the secretariat for this group (4 members, including a jobshare) and each of the 9 government departments have one representative to help ensure open government remains on all departments’ agendas and encourage participation. While the OGN is not limited in the number of representatives in this group, OGIG meetings have typically been attended by around 4 OGN representatives.

According to the government, the uneven balance is partly due to the limited capacity for the NIOGN to engage with the OGP process, as civil society members are volunteers. But it is also due to the fact that the OGIG is currently primarily a forum to promote open government within the NICS, rather than as a shared forum with joint decision-making power between government and civil society. Each department within the NICS has its own mechanisms to involve citizens in the development of policy related to their respective areas of competence, beyond the OGP process. (It should be noted that the mandate and membership of the OGIG is subject to change following the development of the open government strategy).

Provide references here (e.g. interviews):

https://www.finance-ni.gov.uk/publications/open-government-implementation-group-terms-reference
Interview with Department of Finance, 14 March 2022
Interview with Paul Braithwaite, NIOGN, 22 March 2022

1.3 Does the forum hold at least one meeting with civil society and non-governmental stakeholders during the co-creation of the action plan?

Yes

Provide a brief explanation of your answer:

The OGIG held two meetings during the development of the action plan, on the 19th May 2021 and 29th September 2021 . In addition, a sub-group of the OGIG held two additional planning meetings (6th July 2021 and 13th August 2021) and an Innovation Lab workshop (held on the 10 November 2021) to discuss the content of the plan’s single commitment. The sub-group was comprised of 2 members of the DoF (plus secretariat) and 3 members of the NIOGN board.

Provide references here (e.g. interviews):

https://www.finance-ni.gov.uk/sites/default/files/publications/dfp/Meeting%20of%20the%20Open%20Government%20Implementation%20Group%2019%20May%202021_0.pdf
https://www.finance-ni.gov.uk/sites/default/files/publications/dfp/Meeting%20of%20the%20Open%20Government%20Implementation%20Group%2029%20September%202021.pdf
Sub-group meeting notes provided by email

1.4 Has the action plan been endorsed by the stakeholders of the forum or steering committeeThe Steering Committee is OGP’s executive decision-making body. Its role is to develop, promote and safeguard OGP’s values, principles and interests; establish OGP’s core ideas, policies, and ru.../group?

Yes

Provide a brief explanation of your answer:

The action plan was endorsed by the wider OGIG and NIOGN board in September 2021 (Paul Braithwaite, then Acting Chair, NIOGN; Rebekah McCabe, Director, NIOGN; David McBurney, then Director, NIOGN).

Provide references here (e.g. interviews):

https://www.opengovpartnership.org/documents/action-plan-northern-ireland-united-kingdom-2021-2022/

2.1 Does the government maintain a Local OGP website or webpage on a government website where information on the OGP Local process (co-creation and implementation) is proactively published?

Yes

Provide a brief explanation of your answer:

The DoF maintains a Transparency and Open Government webpage on its website, with no barriers to access https://www.finance-ni.gov.uk/topics/transparency-and-open-government. The webpage currently contains:

•  the terms of reference for the OGIG https://www.finance-ni.gov.uk/publications/open-government-implementation-group-terms-reference
• minutes and agendas of OGIG meetings https://www.finance-ni.gov.uk/publications/open-government-implementation-group-agendas-and-minutes

It does not, however, contain the local action plan (although this is available on the Northern Ireland page of the OGP website https://www.opengovpartnership.org/members/northern-ireland-united-kingdom/).

Neither does the DoF website currently contain updates on action plan implementation. According to the government, for future local action plans, updates on implementation will be posted on Northern Ireland page of the OGP website , at: https://www.opengovpartnership.org/members/northern-ireland-united-kingdom/commitments/GBNIR0001/

Provide references here (e.g. interviews):

https://www.finance-ni.gov.uk/topics/transparency-and-open-government
https://www.finance-ni.gov.uk/publications/open-government-implementation-group-terms-reference
https://www.finance-ni.gov.uk/publications/open-government-implementation-group-agendas-and-minutes
https://www.opengovpartnership.org/members/northern-ireland-united-kingdom/commitments/GBNIR0001/
Interview with Department of Finance, 14 March 2022

2.2 Did the government provide information to stakeholders in advance to facilitate informed and prepared participation in the co-creation processCollaboration between government, civil society and other stakeholders (e.g., citizens, academics, private sector) is at the heart of the OGP process. Participating governments must ensure that a dive...?

Yes

Provide a brief explanation of your answer:

4 days prior to the 13th August planning meeting to discuss the action plan, the DoF circulated the commitment template including the draft commitment wording for feedback from the NIOGN.

Provide references here (e.g. interviews):

Meeting minutes of 13th August meeting shared with IRM researcher

2.3 Did the government ensure that any interested member of the public could make inputs into the action plan and observe or have access to decision-making documentation?

No

Provide a brief explanation of your answer:

There were no opportunities for members of the public to input into the action plan or observe the decision-making process. As stated in the action plan itself, the question of wider public engagement was considered “not applicable” in this case, as the commitment relates to internal policies, processes and procedures. The three members of the NIOGN who were involved in the action planning kept the wider NIOGN informed of the process for developing the single commitment, but there was no engagement with the membership beyond that.

Provide references here (e.g. interviews):

https://www.opengovpartnership.org/documents/action-plan-northern-ireland-united-kingdom-2021-2022/
Interview with Rebekah McCabe, NIOGN, 16 March 2022

2.4 Did the government proactively report back or provide written feedback to stakeholders on how their contributions were considered during the creation of the action plan?

Yes

Provide a brief explanation of your answer:

The wording of the commitment was drafted by the DoF and shared with the three participating members of the NIOGN who provided feedback and suggested changes to the commitment. The draft commitment wording went through three iterations until the document was agreed and finalised.

Provide references here (e.g. interviews):

Commitment drafts with tracked changes shared with IRM researcher

2.5 Was there an iterative dialogue and shared ownership between government and non-governmental stakeholders during the decision making process, including setting the agenda?

No

Provide a brief explanation of your answer:

The proposal to limit the action plan to a single commitment (development of an open government strategy) initially emerged from discussions between the DoF and the OGP Support UnitThe OGP Support Unit is a small, permanent group of staff that work closely with the Steering Committee and the Independent Reporting Mechanism to advance the goals of the Open Government Partnership.... in June 2021. This was largely a pragmatic decision in light of the 31 July deadline to submit the plan and the need to reset foundations and define roles and responsibilities as well as the fact that the mandate of the administration in Northern Ireland was due to end in March 2022; as a result, any proposed commitments would need to be delivered by January 2022. The DoF, with the support of OGP, therefore proposed using this six-month period to develop an open government strategy and define a co-creation process to enable a more strategic approach to future local action planning. While there was very little deliberation around the proposal or discussion of alternative proposals, the NIOGN members of the OGIG recognised the need for such a strategy and agreed that it was the best approach given that lack of time and absence of a clear process to come up with a fully developed action plan .

Provide references here (e.g. interviews):

Minutes of 6th July and 13th August meetings shared with the IRM researcher
Minutes of 2nd June meeting between Department Finance and OGP Support Unit shared with the IRM researcher
Interview with Department of Finance, 14 March 2022
Interview with Rebekah McCabe, NIOGN, 16 March 2022
Interview with Paul Braithwaite, NIOGN, 22 March 2022

2.6 Would you consider the forum to be inclusive and diverse?

Somewhat

Provide a brief explanation of your answer:

As noted above, the OGIG is formed primarily of members of the Northern Ireland Civil Service (NICS) with many of those members, including both co-chairsThe leadership of the Steering Committee is made up of four co-chairs who provide strategic guidance and support to advance OGP’s overarching priorities. Co-Chairs serve two-year terms beginning on ..., coming from a single department (the DoF), which plays a de facto leadership and convening role in the open government process within government .

On the civil society side, the NIOGN members of the OGIG had very limited engagement with the network’s membership or the wider public during the co-creation process. As a result, NIOGN inputs tended to reflect the expertise of individual board members rather than a balance in terms of open government thematic areas.

Both the DoF and civil society members of the OGIG recognised that the current membership of the group is not optimal or conducive to effective co-creation. On the government side, this is because OGIG representatives from other NICS departments in many cases do not have relevant expertise or decision-making power to effectively engage in the open government agenda. On the civil society side, this is because the NIOGN board is not representative of wider civil society in Northern Ireland and is therefore not able to speak on behalf of diverse communities within the OGIG.

(It should be noted that the mandate and membership of the OGIG is subject to change following the development of the open government strategy).

Provide references here (e.g. interviews):

https://www.finance-ni.gov.uk/publications/open-government-implementation-group-terms-reference
Interview with Department of Finance, 14 March 2022
Interview with Rebekah McCabe, NIOGN, 16 March 2022
Interview with Paul Braithwaite, NIOGN, 22 March 2022

To develop a Northern Ireland Open Government Strategy and redefine the co-creation process

1.1 Is the commitment verifiable?

Yes

Provide a brief explanation of your answer:

The commitment has a clear and verifiable objective, namely to develop a more strategic approach to open government and transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More, by setting a defined direction and establishing a strategic vision. The commitment details 5 measurable milestones which are to be completed in order to achieve this objective, namely the development of: an open government strategy; updated terms of reference for the OGIG; clearly defined roles and responsibilities of all parties; a benchmarking study of NICS staff´s understanding of open government; and a communication and educationAccountability within the public education system is key to improving outcomes and attainment, and accountability is nearly impossible without transparent policies and opportunities for participation ... plan to champion the benefits of open government and open data.

Provide evidence for your answer:

–

1.2 Does the commitment language/activities clearly justify relevanceAccording to the OGP Articles of Governance, OGP commitments should include a clear open government lens. Specifically, they should advance at least one of the OGP values: transparency, citizen partic... to OGP values?

Yes

Provide a brief explanation of your answer:

The commitment is relevant to the OGP value of civic participation. In theory, the roll-out of the open government strategy and communication and education plan should lead to wider and more diverse public participationGiving citizens opportunities to provide input into government decision-making leads to more effective governance, improved public service delivery, and more equitable outcomes. Technical specificatio... in the development of Northern Ireland’s future open government plans. The extent to which this is achieved in practice will depend on the degree to which the OGIG is successful in reaching out to actors beyond the core group of civil society actors currently involved in the OGP process. In the longer term, ensuring more meaningful participation will depend on the inclusionOGP participating governments are working to create governments that truly serve all people. Commitments in this area may address persons with disabilities, women and girls, lesbian, gay, bisexual, tr... More of ambitious participation-focused commitments in future action plans.

Provide evidence for your answer:

–

1.3 Please select one option that best describes the commitment:

a continuation of ongoing practice in line with existing legislationCreating and passing legislation is one of the most effective ways of ensuring open government reforms have long-lasting effects on government practices. Technical specifications: Act of creating or r..., policies or requirements.

Provide a brief explanation of your answer:

The commitment represents an enhancement of the existing mechanism for delivering open government in Northern Ireland, namely a more formalised co-creation process with clear roles and responsibilities and a strategic direction for the OGIG to lay the foundations for future commitments in line with Northern Ireland´s membership of the Open Government PartnershipThe Open Government Partnership (OGP) is a multi-stakeholder initiative focused on improving government transparency, ensuring opportunities for citizen participation in public matters, and strengthen... More (OGP) Local Program.

Provide evidence for your answer:

–

1.4 Please select one option that best describes the commitment:

is a positive change to a process, practice or policy but will not generate a binding or institutionalized change across government or specific institution(s).

Provide a brief explanation of your answer:

The decision to develop a single, internally-focused commitment under Northern Ireland´s first local action plan means that the ambitionAccording to OGP’s Articles of Governance, OGP commitments should “stretch government practice beyond its current baseline with respect to key areas of open government.” Ambition captures the po... of the plan is limited. Nevertheless, both government and civil society representatives of the OGIG were of the view that this is a necessary and pragmatic first step in developing a coherent approach to co-creating future action plans. On the one hand, the limited time remaining of the current administration’s mandate meant that there was insufficient time to implement a full action plan within that period. On the other hand, an open government strategy was seen as important at this juncture in order to: (a) better engage NICS departments internally on open government issues ; (b) better connect existing open government work taking place within government (e.g. on participatory governance) with the OGP process ; and (c) to help push the ambition of future open government commitments.

Provide evidence for your answer:

–

1.5 Are there any recommended changes to the design of the commitment to help improve its implementation?

The commitment is almost fully implemented at the time of writing. As a result, there is limited room for any changes to its design. Nevertheless, to the extent possible, it is suggested that the open government strategy consider not only the co-creation process for future commitments, but also ways to engage stakeholders in the implementation of those commitments. The strategy could also explicitly consider how to join-up other workstreams within the NICS which may be highly relevant to, but currently disconnected from, the OGP process in order to maximise impact.