When preparing major proposals for Cabinet, Ministers are encouraged to seek information from external stakeholders, such as industry or community groups likely to be affected, as highlighted in the Social Compact. It is also important to obtain evidence on current problems through consultation or research, such as opinion polls or user surveys. This is an important part of preparing an evidence-informed proposal for the Cabinet.

However, this should not be done in a way that might breach Cabinet confidentiality by publicly disclosing proposals being considered for Cabinet. Prior consultation on a Cabinet proposal should not lead to Cabinet’s decision being pre-empted or colleagues being ‘stampeded’ by building up external support for a specific option.

Confidentiality and the primacy of Cabinet as the decision-making body will be preserved if external consultation prior to initial Cabinet consideration is focused on problem identification and situation analysis, rather than seeking views on specific proposed solutions or options. For potentially controversial proposals, a Minister may decide to bring forward an initial Cabinet submission with options, seeking Cabinet agreement to then consult the public or specific external stakeholders on those options. For major proposals that are complex and politically sensitive, the Cabinet may agree to publication of a discussion paper that analyses a problem and outlines options to promote public discussion prior to a final Cabinet decision. Another alternative is to hold public hearings or workshops on a problem to explore possible solutions.

In summary, while widespread consultation and participation is encouraged for many major proposals, Ministers should seek Cabinet’s agreement in advance if there is any risk that Cabinet’s decision-making might be pre-empted.