Measures to Increase Citizen Participation in Decision Making on Policy and Legislative Proposals. Systemic Pre-Legislative Scrutiny of Draft Bills (IE0016)
Implementation of the Government’s proposals for increased citizen participation at Committee level in the legislative process through systematic pre-legislative scrutiny of draft Bills will provide greater opportunities for engagement by the public in law making. At the pre-legislative stage, the Committee can consult with citizens, civic society groups and other interested groups.
IRM End of Term Status Summary
Cluster 2: Citizen Participation (2.2.1, 2.2.2, ✪2.3)
2.2.1 – Undertake public engagement early in the legislative process
2.2.2 – (A) and (B) Build capacity of public bodies to provide Access to Information on the Environment under the Aarhus Convention
2.3 – Hold Referenda arising from the recommendation of the Constitutional Convention
Action 2.2.1 – Undertake public engagement early in the legislative process: For increased citizen participation at Committee level in the legislative process through systematic pre-legislative scrutiny of draft Bills will provide greater opportunities for engagement by the public in law making. At the pre-legislative stage, the Committee can consult with citizens, civic society groups and other interested groups;
Action 2.2.2 (A) and (B) – Build capacity of public bodies to provide Access to Information on the Environment under the Aarhus Convention – Development and delivery of a training module to train staff in public bodies on access to environmental information as provided for in the Aarhus Convention. This module will cover both responding to AIE requests and proactive dissemination of environmental information. It will also provide information on the requirements of both European and national implementing legislation and on case law. In parallel it is proposed to create a database which will record requests for information under AIE regulations, including statistics on number of requests granted, refused or partially refused. This database will provide a basis for analysis of requests similar to that which is in place for FoI;
Action 2.3 – Hold Referenda arising from the recommendation of the Constitutional Convention: Arising from the recommendations of the Constitutional Convention, the Government has so far committed to holding three referenda in 2015 in relation to: reduce the age of candidacy for Presidential elections, reducing voting age, same sex marriage.
Action 2.2.1: Houses of the Oireachtas
Action 2.2.2: DEC&LG Department of Environment, Community and Local Government (DEC&LG)
Action 2.3: Department of Environment, Community and Local Government (DEC&LG) and DJ&E Department of Justice and Equality (DJ&E)
Supporting institution(s): Action 2.2.2: Environment Pillar, Environmental Law Implementation Group (ELIG)
Start date: 1 July 2014 End date: December 2015
Editorial note: Commitment 2.3 is clearly relevant to OGP values as written, has transformative potential impact, and is substantially or completely implemented and therefore qualifies as a starred commitment.
The broad theme of these actions related to fostering citizen participation in legislative decision making, increasing public integrity, and promoting the culture of transparency and accountability. These objectives were to be achieved in three ways. First, Action 2.2.1 introduced the procedure of pre-legislative scrutiny, which allows individuals, CSOs, and interest groups to participate via consultation in decision making early in the legislative process, something that was not possible before the action plan. Second, under the Aarhus Convention, Action 2.2.2 implements a database to record the requests for information on the environment. This commitment represents a new fundamental step towards the access to information for citizens, interest groups, and public bodies at all levels of government. Third, Action 2.3 committed to hold referenda on the recommendations of the Constitutional Convention. As recommended by the Convention, the government committed to holding three referenda in 2015 in relation to marriage equality, reducing the age of candidacy for presidential elections, and reducing the voting age.
2.2.2 (A&B): Substantial
2.3 (✪): Substantial
As discussed in the IRM midterm report, before the action plan, the actions were pre-existing policies on the government’s agenda. For example, Parliament expanded and formalized the pre-legislative consultation phase of legislation in November 2013. After the action plan was adopted, it opened the debate around active citizenship. From the development of the action plan in 2014 several goals were achieved in the first year of the action plan including, inter alia as discussed in the midterm report which is available online,
- Fourty eight bills in total were considered under the pre-legislative consultation, resulting in 43 committee reports. Under this form of consultation, Ministers can have the Heads of a Bill (i.e. the outline of the Bill) reviewed by the appropriate Oireachtas (i.e. parliamentary) committee before the drafting process is completed and the bill published. The review process in the committee can involve hearings with stakeholders or invitations to send submissions. The use of pre-legislative scrutiny via committees is expected to continue on an ongoing basis.
- Collaboration with CSOs (e.g., Environmental Pillar, Environmental Law Implementation Group) in bilateral meetings to discuss the implementation of the Access to Information on the Environmental (AIE) policy. There was also collection of environmental data for 2013. By July 2015, the delivery of training sessions to over 120 civil servants in public bodies at the local and national level of government on the use and relevance of environmental data took place.
- The organization of two referenda were held in May 2015. Action 2.3 has been praised for its deliberative nature, particularly the marriage equality referendum, which gained international media exposure.
As such, Action 2.2.1 was considered complete after the midterm.
End of term
2.2.2 (A&B): Substantial
2.3 (✪): Substantial
With Action 2.2.1 (establishment of a procedure of systematic pre-legislative scrutiny of draft Bills) completed by the end of year one, attention is now focused on the other two remaining actions. Regarding the training on Access to Environmental Information, incomplete implementation may be due in part to the delays of forming government after elections in February 2016. For example, as seen in the government end of term self-assessment report, 2015 statistics on AEI information requests are still being compiled and will be published soon, and a third training event is being planned for Q4 (i.e. at the end of) 2016. Regarding Action 2.3, at the start of year two, only two of the three referenda outlined in the original action plan have been held. Based on the government’s end of term self-assessment report, as well as desk research, this is still the case at the end of year two. Given these observations, both 2.2.2 and 2.3 Actions’ progress may be deemed substantial, but not complete.
Did it open government?
Access to information: Major (2.2.1 & 2.2.2)
Civic participation: Marginal (2.2.1), Major (2.3)
Public accountability: Did not change (2.2.2)
Regarding opening government:
- On Action 2.2.1, the procedure of pre-legislative scrutiny is expected to have strong effects on the use of forms of participatory democracy. Although it is difficult to gauge if this will continue to be conducted in the same sustainable manner as it had been up to the change in government, there has been a change to the initial status quo (when pre-legislative scrutiny was absent) as information on 48 bills were considered under pre-legislative consultation. If this trend continues, this may create avenues for increased public participation in the legislative process if all bills go through pre-legislative scrutiny.
- On Action 2.2.2, the AIE training module is ongoing, and it remains difficult to assess the effects of the policy on public accountability, where one civil society leader said that the training sessions of public bodies could have been more fully promoted to include a larger audience of civil servants. However, the record of information requests has been updated annually and is available online.[Note 13: http://www.housing.gov.ie/search/archived/current/sub-type/aie-logs/type/statistics?query=]
- Finally, on Action 2.3, the effect of the action has been transformative. As a form of deliberative democracy, the Constitutional Convention and the referenda have promoted the participation of citizens on constitutional matters. Although no other referenda have taken place, this practice fundementally changed the precedent of citizen participation in national debates.
These actions have not been carried forward in the next action plan. The IRM researcher concludes that the main challenge of this cluster has been achieving completion of the AIE training modules and information request database. It is recommended that the state ensure the availability of resources (staff and funding) for these tasks to be done.
Additionally, the IRM researcher recommends, that the government hold the remaining referendum that was outlined in the action plan, and consider which other issues may be opened for a referendum in the future.
Promote Transparent Climate Policy Development
IE0031, 2016, Environment and Climate
Support Public Participation Networks
IE0032, 2016, Capacity Building
Improve Access to Justice: Reducing Costs
IE0033, 2016, Access to Justice
Improve Access to Justice: Framework to Assist Vulnerable Persons
IE0034, 2016, Access to Justice
Improve Access to Justice: Oversight of Legal Practitioners
IE0035, 2016, Access to Justice
Enhance Citizen Engagement in Policy Making: General
IE0036, 2016, Capacity Building
Enhance Citizen Engagement in Policy Making: Youth
IE0037, 2016, Marginalized Communities
Enhance Customer Engagement
IE0038, 2016, Access to Information
Improve Access to Government Services Through Technology
IE0039, 2016, Capacity Building
IE0040, 2016, Fiscal Openness
Improve Transparency of Government Service Providers
IE0041, 2016, Access to Information
Enhance Fiscal Transparency
IE0042, 2016, Fiscal Openness
Introduce Modern Document Management Procedures
IE0043, 2016, Access to Information
Develop an Open Data Strategy 2017-2020
IE0044, 2016, Access to Information
Invest in Data Infrastructure That Will Result in Better Open Data
IE0045, 2016, Access to Information
Develop a Code of Practice for the Governance of Charities
Public Sector Standards Bill
IE0047, 2016, Anti-Corruption
Establish a Register of Beneficial Ownership
IE0048, 2016, Anti-Corruption
Establishment of Best Practice Standards for Open Data
IE0001, 2014, Access to Information
Establishment of Ireland’S Open Data Platform
IE0002, 2014, Access to Information
Undertake an Audit of Key Datasets for Publication
IE0003, 2014, Access to Information
Establish a Roadmap for the Open Data and an Evaluation Framework to Provide Assessment of the Ongoing Open Data
IE0004, 2014, Access to Information
Establishment of an Open Data Ireland Governance Board (ODIGB) and Steering and Implementation Group (SIG) for Open Data Ireland
IE0005, 2014, Access to Information
Signing up to the G8 Open Data Charter
IE0006, 2014, Access to Information
Implementing Open Data
IE0007, 2014, Access to Information
Improve Computer Literacy Through Implementation of Proposed New Digital Strategy for Schools
IE0008, 2014, Capacity Building
Review National and International Practice to Develop Revised Principles / Code for Public Engagement/Consultation with Citizens, Civil Society and Others by Public Bodies.
IE0009, 2014, Public Participation
Hold Referenda Arising from the Recommendations of the Constitutional Convention
IE0010, 2014, Gender
IE0011, 2014, Anti-Corruption
Strengthening Freedom of Information - Implement the Code of Practice for Freedom of Information (FOI).
IE0012, 2014, Access to Information
Reform of FOI
IE0013, 2014, Access to Information
Regulation of Lobbying
IE0014, 2014, Legislation & Regulation
Encourage, Protect and Raise Awareness of Whistleblower Duties and Protections
IE0015, 2014, Anti-Corruption
Measures to Increase Citizen Participation in Decision Making on Policy and Legislative Proposals. Systemic Pre-Legislative Scrutiny of Draft Bills
IE0016, 2014, Legislation & Regulation
Develop and Deliver Access to Environmental Information (AIE) Training Module for Public Officials
IE0017, 2014, Access to Information
Increase Citizen Participation at Local Level. Pilot Approach to Implementation of Public Participation Networks
IE0018, 2014, Open Regulations
Provide Legal Base for Public Participation Framework in Local Government
IE0019, 2014, Capacity Building
Undertake a Feasibility Study on Possible Means of Enabling Further Citizen Engagement in Local Authority Budgetary Processes
IE0020, 2014, Fiscal Openness
Support Children and Young People as Citizens. Develop, Finalise and Publish the First Government Strategy on Children and Young People's Participation in Decision-Making.
IE0021, 2014, Capacity Building
Maximise Participation and Understanding of Young People in Civic Life
IE0022, 2014, Capacity Building
Development of an ICT Strategy
Data Sharing and Governance Bill
IE0024, 2014, E-Government
Public Services Card
IE0025, 2014, E-Government
Single Customer View
IE0026, 2014, E-Government
Local Government Portal
IE0027, 2014, E-Government
New Local Enterprise Offices
IE0028, 2014, Subnational
Review and Enhancement of Complaints Procedures and Using Feedback to Improve Services Across the Public Service; a Review of Citizen Complaints Procedures Will Be Undertaken.
IE0029, 2014, Public Participation
Enhance Customer Engagement
IE0030, 2014, Public Participation