The Chancellor of the Exchequer, First Secretary of State and Attorney General have written a joint letter to all Ministers within Government, seeking to encourage a new way of governing by addressing what they describe as administrative frictions and burdens.
Three areas are highlighted:
1. Consultations
Criticising a ‘consultation culture’ which is an “industry of dither and delay” and “too often fails to hear from those whose perspectives are most relevant to the issue under consideration”, the letter reasserts that there is no general duty of consultation and that “the default position should be that ministers reach decisions and proceed to act on them”.
The letter goes on to explain that formal consultations should only take place where (a) there is a statutory duty to consult, (b) it would be “conspicuously unfair” not to consult, or (c) ministers “believe there is a good case for seeking external input and that the right vehicle for doing so is a formal consultation”. It also sets out that the Government intends to “unwind the thousands of unnecessary consultation and reporting requirements that have come to litter the statute book”.
2. Legal considerations
The letter states that all ministers should be more willing to accept higher levels of risk where they feel it is warranted. Suggesting that an overly cautious approach to legal advice has too often inhibited policymaking, the letter states that “so long as there is a tenable legal argument, it is for ministers to determine how to proceed – and it can be right to act where the level of legal risk is considered to be high”.
3. Judicial Review
Finally, the Government intends to build on reforms to judicial review by broadening the range of projects which will be subject to limitations on the number of opportunities parties will have to bring proceedings.
To read the letter in full, click here.