Abstract
Public consultation is a cornerstone of democratic policymaking, offering citizens an opportunity to shape decisions that affect their lives. This paper examines the evolution of public consultation in Ireland and its role in fostering transparency and inclusion, with a particular focus on the Department of Social Protection’s 2023 Green Paper on Disability Reform.
The paper provides practical recommendations to strengthen consultation processes, these steps are vital to ensuring that public consultations in Ireland move beyond symbolism to become genuine vehicles for inclusive and effective policymaking. This paper is derived from a Masters in Social Policy Dissertation in 2024 (University College Cork).
Introduction
Democracy acknowledges that government‘s power lies with the people as a collective (Fishkin, 2009). Engaged citizens and public institutions that listen to citizens for policymaking are what many of us would use to define a healthy and functioning democracy. These are elements that, at face value, we assume will have a positive impact on society, and will lead to better and robust public policies that improve the lives of the people they impact.
Established international agencies, such as the Organisation for Economic Co-Operation and Development (OECD), the European Commission, and the United Nations use elements such as public consultation and openness to alternative ideas as indicators of the legitimacy, transparency, and feasibility of a country’s policymaking processes and policy values (OECD, 2023, UNESCO, 2024, European Commission, 2024).
Ireland ranks highly in global governance, scoring 9.13/10 on the Economist Intelligence Unit’s Democracy Index, with trust in government and the civil service well above OECD averages. Yet when it comes to public consultation, the public is divided. Of those who were polled, only 40% believe consultations influence policy, while another 40% believe they do not, and 20% are unsure (OECD, 2023). This split exposes a gap between Ireland’s strong democratic reputation and the reality of policymaking, where marginalised voices, especially those of disabled people, risk being left unheard.
At its best, public consultation can transform policymaking by bringing diverse perspectives to the table, highlighting unintended consequences and building legitimacy for policies. At its worst, public consultations risk becoming a tick-box exercise to rubber-stamp decisions that have already been made. This paper explores the practice of public consultation within the context of policymaking in Ireland, examining the biggest public consultation in Ireland to date, the Department of Social Protection’s 2023 Green Paper on Disability Reform as a case study, learning from its failure and how to do better going forward.
What is Public Consultation?
Public Consultation is central to democratic governance, it aims to connect policymakers and the communities that they serve. In Ireland, the evolution of this process mirrors international shifts toward participatory governance and evidence-based policymaking. The 2005 strategy Reaching Out: Guidelines for Public Consultation for Public Sector Bodies defined public consultation as:
“…[structured] engagement which involves seeking out, receiving, analysing and responding to feedback from stakeholders. A structured consultation process entails defining the purpose and subject of the consultation (such as a policy initiative, a regulatory change, a legislative proposal or a service delivery). It also entails identifying the key audience whose views are to be sought, framing the questions to be asked, providing information and receiving and analysing the responses. It is important to differentiate between ongoing consultative mechanisms (involving standing committees, fora or groups) and once-off consultation exercises…” (Department of the Taoiseach, 2005: 5).
Public consultation has been identified as a relevant and important tool in the creation of evidence-based public policy and for proofing its legitimacy. Ferris (2015) argues that consultation should be a key part in policy design and development, and should be introduced as early as possible by engaging all relevant stakeholders. There has been a growing trend in utilising public consultations as a way to proof public policy and to nurture trust in government and public bodies through a sense of transparency and legitimacy. This is reflective of public policy development guidance produced by the OECD (2023).
However, there is a risk that due to numerous recommendations to utilise public consultation and embed participatory governance within policymaking processes, without exploring the fundamentals of how and why in the process, it might lead to a tokenistic approach. The Ladder of Citizen Participation by Sherry R. Arnstein (1969) provides a framework that lays out eight stages of participation. These stages start at the bottom with Manipulation, which is labelled as nonparticipation and runs to the highest part of the ladder to Citizen Control. Each stage is categorised by degrees of citizen power. Consultation has been placed at the centre on rung four and is grouped alongside Informing and Placation under the label of “Degrees of Tokenism”. Arnstein (1969) is highly critical of some forms of engagement, saying if consultation “..is not paired with other modes of participation this rung of the ladder is still a sham” (pp. 219). Citizen participation without the redistribution of power is an empty ritual as without power those who participate cannot affect the outcome of the process (Arnstein, 1969).
Public Consultation in Ireland
Over the past 20 years, Ireland’s approach to public consultation has evolved significantly, moving from a focus on efficiency and regulation to a greater emphasis on transparency, participation and citizen trust. Early groundwork was laid in the government strategy Better Local Government (1996), which promoted stronger links between local authorities and communities, though public consultation was not its core focus. The first major step toward formalising consultation was supported by Regulating Better (2004), which introduced six principles of better regulation, placing public consultation under the pillar of Transparency.
This led to the Reaching Out (2005) guidelines, Ireland’s first structured guidance on planning, conducting and evaluating consultations for public bodies and government departments. However, these guidelines were still vague, left much discretion to departments and lacked clear measures for evaluating effectiveness or responding to conflicting feedback.
Following the 2008 financial crisis and a significant loss of public trust, the then-newly elected Government pledged widespread reform. In 2011, Ireland joined the Open Government Partnership (OGP), aligning consultation practices with international standards. This influenced the streamlined Consultation Principles & Guidance (2016), which emphasised meaningful, citizen-focused engagement and introduced features like minimum consultation periods and legislative footprints for transparency. Despite improvements, these guidelines still lacked concrete methods for measuring the quality and impact of consultations.
The most recent development is the OGP 2023 to 2025 Action Plan, which prioritises engaging citizens, with a particular focus on those who are at risk of exclusion or are underrepresented in the policymaking process, and commits to creating a best practice framework for public consultation to be implemented across all government departments by 2025, aiming to finally bring consistency and clarity to consultation processes nationwide.
Ireland’s political culture makes public consultation especially important. Power can be highly centralised, with limited authority devolved to local governments and local representatives. This means that citizens have few formal avenues for government participation, beyond delivering concerns to their local T.D.
Ireland performs strongly in global governance rankings. On the Economist Intelligence Unit’s Democracy Index, Ireland scored 9.13/10 and, according to polling, 83% of citizens were satisfied with access to administrative information (OECD, 2021). Trust levels are relatively high too, with 51% of people trusting the Government (parliament) and 68% trusting the civil service, both above the OECD average of 41% (OECD, 2023). However, according to the same polling public consultation remains contentious:
- 40% believe consultations don’t influence policy
- 40% believe they do
- 20% are neutral
Lower trust in policymaking processes has been linked to financial insecurity and lack of political voice. This is significant when considering inclusion, especially of disabled voices in policymaking. The OECD Better Life Index (2024) shows Ireland excels in areas like education, housing, health, and community, but performs poorly in civic engagement, with low voter turnout and below-average stakeholder involvement in developing regulations.
Further to the above policy development, Ireland’s journey reflects broader European trends. From the Strategic Management Initiative of the 1990s, through to legislative reforms in the 2000s including the introduction of the Freedom of Information Act and the Lobbying Act and the creation of the Citizens’ Assembly as a model of deliberative consultation. Ireland has firmly placed public consultation as a key tool, on paper, when it comes to policymaking processes.
Public Consultation and the Disabled Community
The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is a key international human rights treaty that Ireland signed in 2007 and ratified in 2018. The UNCRPD commits the Irish state to promote and protect the rights of people with disabilities. It reframes disability as a human rights issue, moving away from the traditional medical model, which views disability as an individual problem to be “fixed” and toward the social model, which identifies barriers within society and systems as the disabling factors. Article 29 is particularly significant as it requires governments to actively consult and involve persons with disabilities and Disabled Persons’ Organisations (DPOs) in the creation and implementation of policies and laws. This commitment makes it essential for public consultations in Ireland to be inclusive, accessible and participatory.
In 2022, the National Disability Authority (NDA), an independent statutory body, developed Participation Matters Guidelines (2022) to support civil servants to design and deliver effective disability-inclusive consultations. These guidelines, building on the NDA’s earlier Ask Me guidance (2002), provide practical tools and frameworks to ensure consultations are meaningful rather than tokenistic. They outline five core principles of meaningful participation: genuine, timely, accessible, ongoing and transparent. According to the guidance, officials are less at risk of facilitating tokenistic activities by engaging with these principles. The guidelines also provide examples of tokensim:
- Disabled participants are consulted too late in the process, when all or most of the decisions have already been made.
- The views of disabled participants are edited or used to fit into a prescribed view that the consulting body already wishes to take.
- The views of participants with disabilities are not taken on board and no rationale is provided (p.23).
Guidance on tokenistic activities is particularly useful as previous government guidance has failed to deliver a prescriptive analysis of key terms. The NDA’s guidance goes a step further by providing a detailed description of how to ensure a public consultation is effective and meaningful by describing nine integral steps from pre-planning to dissemination. With each of these stages, the guidance provides details on how to avoid tokenism and how to include the disabled community. It shares advice on accessibility measures, methodology and instating a feedback mechanism. Under the analysis stage, the document reiterates the importance of a rights-based approach and adhering to Ireland’s commitment to the UNCRPD, “… upholding rights must not be undermined by majority opinion or budgetary concerns.” (NDA, 2022:35).
The Green Paper on Disability Reform
The Green Paper on Disability Reform (GPODR), was published by the Department of Social Protection (DSP) in 2023 and it proposed major reforms to disability payments and supports in Ireland. This was a “strawman” proposal, it’s aim was to stimulate debate rather than set definitive policy. The DSP attempted to communicate this in several public statements, as well as at the beginning of the document. They asked stakeholders:
“…not to take the key features proposed in this document as definite. They are proposals designed to help interested parties think about what might work, and to encourage a focused debate around key design issues to reform disability payments in Ireland” (DSP, 2023:1).
The GPODR focused on addressing two interconnected issues: Ireland’s low employment rate for people with disabilities and the high cost of disability, both of which contribute to poverty among disabled individuals. Key proposals included introducing a tiered Personal Support Payment to replace the Disability Allowance, a Working Age Payment to simplify fragmented employment supports, and raising the entry age for Disability Allowance from 16 to 18. The DSP conducted a public consultation through in-person and online events, offering various accessible formats for submissions. However, crucially, Disabled Persons Organisations (DPOs) were not involved in the design stage, which violated UNCRPD principles on inclusive policymaking.
The DSP ran what appeared to be an extensive consultation and potentially the largest scale public consultation facilitated by any government department to date. It included:
- Written submissions in multiple formats, including video and audio
- Public meetings and workshops
- Online information sessions
- Materials were translated into accessible formats
The consultation period, initially set to end in late 2023, was extended to April 2024 due to the paper’s complexity. Despite this extended period and channels of engagement, growing opposition led to protests and the creation of the “Scrap the Green Paper” campaign. As a result, the DSP abandoned the reform process entirely, with no new date set for review.
While the GPODR attempted to modernise supports, it faced several challenges and despite inclusive intentions, rollout challenges quickly became clear:
- Lack of early involvement: DPOs and other disability organisations learned details at the launch, rather than being involved at a design and development stage. This broke a key tenet of co-design and participatory governance.
- Accessibility and complexity: While formats were varied, information clarity lagged, making it difficult for some groups to engage meaningfully.
- Mistrust and resistance: Past negative experiences fuelled anxiety. The “Scrap the Green Paper” campaign and public protests signalled acute disconnect between policymakers and those impacted.
- Extended timelines: The consultation period was extended, but many felt the process was reactive rather than proactive.
- Similarities to UK Framework: Many critics of the GPODR noted the similarities in the proposed changes to the UK’s Work Capability Assessment with has had negative outcomes for disabled people in the UK.
Key Findings
The research study that informed this paper included interviews with representatives from civil society, the civil service, and other stakeholder groups. The research identified both shared goals and divergent experiences among policymakers and stakeholders.
While all interviewees agreed that public consultation is a valuable tool for improving policy, several challenges were highlighted including:
- Consultation fatigue
- Tokenistic processes
- Unclear expectations
- Inconsistent approaches across government departments
- Limited resources for civil society groups
- Accessibility barriers.
The case of the Green Paper on Disability Reform (GPODR) exemplified many of these issues, particularly the lack of involvement of Disabled Persons Organisations (DPOs) in the design stage, which contributed to mistrust and miscommunication. Historical tensions between the disabled community and the Department of Social Protection (DSP) intensified fears about potential loss of vital supports, illustrating how a lack of early engagement can lead to a breakdown between communication and interpretation.
Despite these challenges, the research findings reveal several opportunities to strengthen public consultation. Suggestions included:
- Introducing a feedback loop to close the gap between consultation participants and decision-makers
- Embedding co-design practices that prioritises lived experience
- Building stronger community engagement networks to include marginalised voices.
The research also uncovered unanticipated themes, such as the rise of public consultation as a professionalised sector and the growing role of private agencies in facilitating consultations. Accessibility was praised in the GPODR process, but interviewees stressed that inclusive practices should extend to all consultations not just those that are focused on disability issues.
Overall, the research shows that while consultation is widely valued by those who were interviewed, its effectiveness depends on trust, transparency and consistency.
Key Recommendations
- Establish a Central Consultation Unit: Create a dedicated unit to support and advise government departments on public consultations. This would ensure consistency, improve delivery, and provide expert guidance across departments.
- Develop a Central Consultation Database: Build a centralised database to track past and ongoing consultations that is accessible by all government departments. This would help avoid repetition, prevent consultation fatigue and act as an accountability tool to monitor how feedback influences policy. It will also allow for cross-department collaboration.
- Create a Citizen’s Advisory Committee: Establish a committee made up of citizens, including representatives of marginalised groups like DPOs. This would bring lived experience into consultation design, improve accessibility and support co-design practices aligned with UNCRPD principles.
Conclusion
Public consultation in Ireland is at a turning point. Institutionalising best practice, deepening co-design and ensuring continuous engagement with underrepresented groups will be crucial for the credibility and effectiveness of future reforms. The withdrawal of the Green Paper on Disability Reform was a setback but also a profound opportunity to learn, adjust and build better engagement between policymakers and citizens.
If implemented fully, these recommendations will not only improve individual policy outcomes but may help cultivate a vibrant, responsive democratic culture where all voices matter in shaping a society where government and citizens truly collaborate for the public good.
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