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ENFORCEMENT OF CIVIL OBLIGATIONS IN SCOTLAND: ANALYSIS OF CONSULTATION RESPONSES

PART 2A THE RESEARCH

2.1 The Legal Studies Research Branch has commissioned Blake Stevenson Ltd, independent consultants, to analyse the responses to the consultation document on Enforcement of Civil Obligations in Scotland. The results of the analysis are to contribute to on-going policy considerations.

2.2 The aim of this report is to provide an independent, detailed analysis of the consultation responses and to synthesise the views of respondents for each topic covered by the consultation paper.

THE CONSULTATION PROCESS

2.3 Consultation documents were issued by the Scottish Executive to individuals, organisations and bodies inviting them to respond to the consultation "Enforcement of Civil Obligations in Scotland. Annex 1 contains details of the consultation document distribution list.

2.4 Respondents were invited by the Scottish Executive to complete an electronic form containing the full list of questions by downloading it from the Scottish Executive's website.

2.5 The electronic form was in the style of a questionnaire and gave respondents the option of either selecting a 'yes', 'no' or 'no response' to the questions posed and offered space to give textual comments. At some questions respondents were simply asked to comment on the proposals.

2.6 A full list of the questions from the form were also listed in Part 8 of the Consultation Document, and each question highlighted in the appropriate section of the text. Respondents were asked if they would cross-reference their response to the question numbers in the paper and advised that they need not respond to all the questions

2.7 Respondents were also given the option of marking their response confidential, otherwise it would be available for public scrutiny at the Scottish Executive's library at Saughton House. Responses from those who replied in confidence are only included in numerical totals and textual comments used in the report are not attributed.

2.8 Further copies of the consultation document were available on the Scottish Executive's website at the following address: www.scotland.gov.uk/consultations/justice/CivOb-00.asp.

2.9 Individuals and organisations were invited to submit their views and comments by 16 July 2002.

SCOTTISH EXECUTIVE DATABASE

2.10 The Scottish Executive developed a database to record and store information submitted by respondents to the consultation exercise and to analyse the information received. Information entered into the database was taken from completed electronic form/questionnaire and/or by written submission and documentation submitted by respondents.

CONSULTANTS' METHODOLOGY

2.11 To undertake independent analysis of responses to the consultation document to produce this report, the Consultants used the following methods:

Database inputting

2.12 The Consultants input the data from responses received to the consultation document into the database designed by the Scottish Executive. Respondents returned their response to the consultation document by completing the electronic forms/questionnaires or by sending in their own written submission.

Analysis

2.13 The Consultants undertook both quantitative and qualitative analysis of all data inputted into the database as detailed below:

Quantitative analysis

2.14 Using reports from the database, the Consultants produced quantitative analysis of the responses to questions which gave an option of either selecting a 'yes', 'no' or 'no response' response to each question asked in the consultation document. The number of questions answered by respondents varied with some answering most questions and others only on answering in areas where they have may have had particular interest or knowledge.

2.15 A complete quantitative analysis of each question, broken down by sector, is contained in Annex 2. In addition, the total number of respondents who gave a yes or no response to each question is included next to the analysis of each qualitative response in parts 3 to 7 of the report.

Qualitative analysis

2.16 In addition to answering questions in the consultation document with a 'yes', 'no' or 'no response' response, respondents were also invited to give textual comments to support their answer and provide further information and/ or suggestions. Where textual responses were given, the Consultants entered the information into the relevant section of the database. The amount of textual data submitted varied greatly with some respondents commenting on all questions and others only expanding on areas where they have a particular interest. The qualitative data was then analysed by the Consultants using the reports available on the database. The database was used to group together textual responses to each question by individual respondents.

Overall analysis

2.17 By analysing the quantitative and qualitative data, the Consultants have undertaken a full analysis of the consultation responses including drawing out:

• the range of opinion on each part of the consultation paper;
• the prevalence and strength of specific views;
• appropriate weight attached to different responses having regard to their sources, for example those received from an umbrella organisation, from organisations representing many members, and those received from individuals;
• whether particular opinions are specific to particular sectors;
• arguments and evidence presented in support of specific views;
• any anomalies or contradictions evident in the views held.

2.18 This report also identifies the consultation issues on which there is broad consensus and those on which there is a divergence of opinion and considers the source of responses and indicate any sectors/groups where the response rate has been poor and consequently where there may be gaps in the coverage of the consultation exercise.

CONSULTATION - INVITATIONS AND RESPONSES

Invited organisations

2.19 The Scottish Executive issued a total of 438 consultation documents to a total of 251 individuals, organisations and bodies inviting them to respond to the consultation 'Enforcement of Civil Obligations in Scotland'. The list contained in Annex B of the consultation document (also contained in Annex 1 of this report) was used as the distributed list. These included 'umbrella' organisations who had agreed to provide notification of the consultation to additional associates, members and parties. The Scottish Executive issued a further 110 copies of the consultation document, the majority of which were requested by organisations on the original distribution list.

Responses

2.20 A total of 68 completed forms/questionnaires/written submissions were returned in response to the consultation document.

2.21 The Scottish Executive categorised organisations and individuals who responded into different sectors as follows: academic; advice; finance and business; legal; local authority; members of the public; other; political; religious organisations; Scottish Executive departments and agencies; and UK Government.

2.22 Respondents were further categorised either by creditor status, debtor status or both. This provides an understanding of the perspective of the respondent and the party they represent when responding to questions.

2.23 Table 1 below summarises by sector the 251 individuals, organisations and bodies who received a consultation document and were invited to respond and the number and percentage of those who responded.

Table 2.1: Number of those invited to respond and respondents by sector

2.24 Table 1 illustrates that the overall percentage response rate is 27%. This marks significant variation across sectors with 55% of local authorities and 34% of advice sector organisations responding but only 25% of legal sector organisations.

2.25 It was not evident from the information provided by respondents why some sectors responded more than others. It was apparent throughout the analysis that sectors had responded according to their particular area of knowledge or interest and in some cases responses to questions outwith their remit remained unanswered.

2.26 The 68 individuals/organisations who responded to the consultation document are illustrated in Table 2 below. (This table excludes the 12 individuals/ organisations who stated that they wished their response to be treated as confidential).

Table 2.2: Individuals/organisations who responded to the consultation document

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