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8 - Next steps
The Scottish Executive Consultation Process
Consultation is an essential and important aspect of Scottish Executive working methods. Given the wide-ranging areas of work of the Scottish Executive, there are many varied types of consultation. However, in general, Scottish Executive consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.
The Scottish Executive encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same.
Typically Scottish Executive consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the issue, and they are also placed on the Scottish Executive web site enabling a wider audience to access the paper and submit their responses. Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (except those where the individual or organisation requested confidentiality) are placed in the Scottish Executive library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4565).
All Scottish Executive consultation papers and related publications (eg, analysis of response reports) can be accessed at: Scottish Executive consultations ( http://www.scotland.gov.uk/consultations)
The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. Depending on the nature of the consultation exercise the responses received may:
- indicate the need for policy development or review
- inform the development of a particular policy
- help decisions to be made between alternative policy proposals
- be used to finalise legislation before it is implemented
Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.
While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.
Next steps for the draft Bill
All comments received on these proposals will be carefully considered. They will help the Scottish Executive to prepare the Bill so that it can be introduced early in the next Parliamentary Session, should the incoming administration wish to do so.
A respondee information form is provided at the back of this document. Responses should be completed and returned by 31 March 2007.
Details of how the Bill might progress through consultation, the Parliamentary process and into law are set out below. There is to be an election in May 2007, and the responses to the consultation will be presented to the new Scottish Executive for decision on how to proceed with this proposed legislation. If the legislation is to be taken forward then the Parliament and its Committees have wide discretion, and thus timings for the Parliamentary process cannot be given at this stage.
- The consultation period lasts twelve weeks.
- The Bill is revised in light of the consultation on the draft Bill and additional policies.
- A revised Bill and supporting policies is provided to the new Scottish Executive after the May 2007 election for decision on the way forward.
- If to be taken forward, the revised Bill together with accompanying papers is provided to the Parliament.
- The Bill is then passed to the chosen lead Committee for consideration of the general principles of the Bill. The Committee prepares a report for Parliament.
- Parliament then debates the general principles of the Bill in plenary. The Parliament can approve or reject the Bill at this stage.
- If the Bill is approved, it is then referred to the lead Committee for detailed examination and for the consideration of amendments.
- The Bill as amended is then considered in plenary by the Parliament. It may be further amended at that time. The Parliament may approve or reject the Bill.
- If the Bill is approved it then goes to receive Royal Assent and becomes law.
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