Labour Research (January 2013)

Law Queries

Consultation period

Q. We wanted to comment on the government’s consultation on the introduction of employee-shareholder contracts (see Labour Research, December 2012, page 21). But by the time our branch had agreed a response, the consultation had closed. It seems that the consultation was only open for three weeks. Is that length of time for consultation normal?

A. No, three weeks is a shortened consultation period and, up until recently, all consultations lasted for three months. (The only other recent example of a consultation period of three weeks was in relation to the future of the Agricultural Wages Board, Agricultural Wages Committees and Agricultural Dwelling House Advisory Committees).

Unfortunately however, the government intends that the use of shortened consultation periods become much more common.

In a speech to the CBI employers’ organisation in November, prime minister David Cameron argued that ministers should have the flexibility to set the length of consultation periods as they see fit.

He even believes ministers should have the discretion to dispense with holding a consultation entirely.

Obviously, writing a clear and considered response to a consultation (perhaps including evidence) takes time – which is why a 12-week period has, until now, been the norm. Parliament’s Secondary Legislation Scrutiny Committee is currently considering the government’s proposal.


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