What form does consultation take?

Consultation can be formal and informal and can vary in approach. In some States, the need for formal consultation processes on major regulatory changes is prescribed by law, while in others centralized prescriptive processes are set out in policy. In other contexts, there may be more flexibility about the form consultation takes. A human-rights-based approach to policymaking encourages active and meaningful consultation with stakeholders, particularly with those individuals or groups directly and indirectly affected by a policy. Informal consultation may take place throughout the policy process, particularly with stakeholders actively involved in the outcome of the policymaking. For example, informal reference groups or “brains trusts” may come together : they may have no official standing but work well in terms of offering guidance. While potentially beneficial, informal processes for consultation may not be representative of diverse stakeholder interests and may not result in the agreement needed for policy adoption or the support needed for implementation. In addition, in some jurisdictions, informal consultation may violate administrative legal processes that require equal access for all interested parties.

Formal consultations processes can be conducted in a few ways; again, guided by national context, they may work separately or in combination:

Advisory bodies are a formal version of targeted stakeholder engagement that can be established to support an area of policy on an ongoing basis – such as commissions, committees, and councils. They can also be ad hoc, established specifically for tackling a particular policy issue. Advisory bodies can assist in weighing in with certain stakeholder groups in the effort to achieve support.
Circulation for comment is a process where draft policies or policy options are circulated to targeted stakeholders for feedback. The arrangements can be flexible and involve multiple rounds of commentary.
Notice and comment processes are quite formal and involve the posting of draft policies or policy options for a broader audience. In this way they may be more inclusive. Getting the word out is not without challenges. Informal networks (or advisory bodies) can assist in pushing out the notice.
Public meetings, town halls or hearings, which are seldom used on their own, provide an opportunity to present perspectives in person. Hearings are often more formal in nature and can be linked to parliamentary processes.

Example

Consultations

ADVISORY BODIES

UK Migration Advisory Committee

In the United Kingdom, the Migration Advisory Committee (MAC) is an independent, non-statutory, non-time limited, non-departmental public body that advises the government on migration issues. The MAC is responsible for providing transparent, independent and evidence-based advice to the government on migration issues such as the impacts of immigration, the limits on immigration under the points-based system, and skills shortages within occupations.

Source: The Migration Advisory Committee.

Brazil and The Philippines – coordinated consultation in an advisory body format

The Migration Governance Snapshots provide interesting insights into the mechanisms States have for managing their partnerships in migration.

Brazil

The National Immigration Council (CNIg) of Brazil is a platform for collaboration among various ministries, employers’ associations and workers’ unions to discuss labour migration. It is managed by the Ministry of Labour and is responsible for formulating labour migration policy. CNIg meets 11 times per year. Furthermore, nongovernmental organizations and international organizations participate in the council as observers.

Source: Migration Data Portal – MGI Brazil (2018a).

The Philippines

Multisector engagement in migration policy and governance is formally established in the Philippines. The Migrant Workers and Overseas Filipinos Act explicitly calls for multi-actor engagement, including that of civil society organizations. Both the Philippine Overseas Employment Administration (POEA) and the Overseas Workers Welfare Administration (OWWA) have civil society and private sector representatives on their boards.

Source: Migration Data Portal – MGI Philippines (2018b).

NOTICE & COMMENT AND PUBLIC HEARINGS

Australia’s consultation on the size and composition of the Migration Programme

Each year, the Australian Government undertakes extensive consultations on the planning of its Migration Programme. This includes close collaboration with subnational state and territory governments and a range of key stakeholders, including the business sector, academia, industry and community organizations, to provide views on how Australia can best benefit from immigration in the coming year. The department releases a discussion paper annually to steer the consultation process, then conducts public hearings.

Source: Australian Government, Department of Home Affairs.

United States of America’s Notice and Comment Procedures for Administrative Rule Making

Under federal law, changes to most United States regulations by government agencies, including immigration regulations, must first be published in draft form, giving the public at least 30 days to submit “written data, views, or arguments” regarding the proposed rule. Agencies are then required to consider and respond in some form to all comments received during this “notice and comment” period before the final rule can be published.

Source: United States Department of Justice, 1947.

To Go Further

Participatory processes ensure inclusive decision-making. These organizations provide some insights into the principles and tools which can strengthen how stakeholders are engaged in policy change.

Key messages

Consultations both formal and informal are an integral part of stakeholder engagement. As a formal stage in the policy cycle, consultations can take different forms depending on need and local context.