8 Defra's Consultation process
67. The Government's criteria for effective consultation
set out in its Code of Practice on Consultation include the requirement
that "formal consultation should take place at a stage when
there is scope to influence the policy outcome".[124]
However, various statements in the draft NPS appear to close off
the possibility of revision of key areas. For example, the draft
NPS states that it must be designated if the UK is to meet its
obligations under the Urban Waste-Water Treatment and Water Framework
Directives, and offers no alternative options for achieving this.[125]
Additionally, the draft NPS appears to offer a fait accompli in
regard to the Thames Tunnel, citing it the "preferred infrastructure
solution" since 2007.[126]
68. Whilst Defra's consultation allows for revisions
in the light of responses to its specific questions, statements
in the draft NPS suggest that there is no room for revisions on
fundamental issues such as the need to designate the NPS and the
need for the two identified London projects. Defra should clarify
in its response to this Report how it has taken into account responses
to all aspects of its draft NPS consultation in order to fulfil
the Government's requirement that formal consultation should take
place at a stage when there is scope to influence the policy outcome.
69. A further principle in the Government's consultation
code is that consultation exercises should be "designed to
be accessible to, and clearly targeted at, those people the exercise
is intended to reach".[127]
We received no evidence that consultation on specific projects
such as the Thames Tunnel (which is conducted separately from
consultation on the draft NPS) is anything other than adequate
and indeed we heard from Thames Water of extensive consultation
work undertaken in advance of a formal planning application being
submitted.[128] However,
the Defra consultation on the draft NPS itself has been low key
and garnered only a low number of responses.[129]
The GLA told us Defra was only conducting a "token consultation"
and that the Department appeared to place "too much weight"
on the draft NPS as a consultation document when it was unlikely
that all but the most dedicated and well informed interest groups
would comment on it.[130]
The Mayor's Advisor on the Environment, Isabel Dedring, told us
that "not everyone affected knows that [the NPS consultation]
is happening. They may well know that the Tunnel consultation
is happening but not the NPS consultation".[131]
70. A consultation on a specific project with immediately
identifiable impacts, such as the Thames Tunnel, could be expected
to generate far greater interest than a consultation on a generic
policy document such as the NPS. Nonetheless, the response to
the Defra consultation appears disappointing. We recommend
that any future consultation on a draft NPS is given a higher
profile, particularly with the local authority and planning communities.
124 HM Government, Code of Practice on Consultation,
July 2008, p 4. Back
125
Draft NPS, p 6, para 1.5.3. Back
126
Draft NPS, p 21, paras 4.1.2 and 4.1.3. Back
127
HM Government, Code of Practice on Consultation, criterion
4, July 2008, p 4. Back
128
Qq 93, 94, 101, 102 Back
129
Defra received 38 submissions by the end of its consultation period
in February 2011. Back
130
Ev 56 Back
131
Q 136 Back
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