How Can Consultations be Fair During the Covid-19 Pandemic?

Abstract

1. The common law duty for government consultations is ‘well-established’: the consultation must be undertaken at a time when proposals are still at a formative stage (Coughlan (1)); it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response (Coughlan (2)); adequate time must be given for this purpose (Coughlan (3)); and the product of the consultation must be conscientiously taken into account when the ultimate decision is taken (Coughlan (4)).