The
Code of Practise for Scientific Committees:
30. All members and
secretariats should regard it as part of their role
to:
- ensure that the committee has the opportunity to
consider contrary scientific views and where
appropriate the concerns and values of stakeholders
before a decision is taken;
- ensure that the committee's advice is
comprehensible from the point of view of a lay
person.
40. The
secretariat should ensure that the proceedings of the
committee are properly documented so that there is a
clear audit trail showing how the committee reached
its decisions.
46.
Committees should operate from a presumption of
openness. The proceedings of the committee should be
as open as is compatible with the requirements of
confidentialit. The committee should maintain high
levels of transparency during routine business.
55.
Committees should aim at having a transparent and
structured framework to examine, debate and explain
the nature of the risk.
56.
Whenever the committees work is likely to
involve an assessment of risk or where the scientific
evidence is expected to be subject to appreciable
uncertainty, if not already available within its
membership, advice should be taken from individuals
or groups with relevant expertise and/or guidance:
e.g. statistical modelling techniques, risk
assessors, Interdepartmental Liaison Group on Risk
Assessment.
58. It
is inevitable that others may reach different
judgements based on the same data and that sometimes
judgements will prove to be wrong with the benefit of
hindsight. Committees and secretariats should be open
about both of these possible outcomes and committee
reports should make clear where inadequate data is
available and where judgements have had to be made in
the face of uncertainty.
59.
Within the context of the remit given to them,
committees should use the most appropriate method of
reporting outcomes that takes account of the level
and type of uncertainty involved. Where practical and
verifiable, risk should be reported in terms of the
likelihood and consequences of the event. Sources of
data should be quoted and any degree of auditing
described. Where a range of policy options are
considered, risks should be reported for each and
reasons for choosing a preferred option should be
made clear. This may require subsequent discussion
with government. Committees should identify the
sources and extent of uncertainties in the scientific
analysis.
60.
When communicating risks to the public, committees
should take note of written guidance and other
sources of advice available on the communication of
risk and when necessary seek advice from individuals
or groups with relevant expertise on risk
communication.
61. Committees
should agree on the mechanisms by which the committee
is to reach its view. Members should be clear about
whether or not they are expected to reach a consensus
on particular issues.
62. In cases where
decisions are particularly significant, committees
may decide to take views on preliminary drafts of its
advice from relevant organisations, other parts of
the scientific community or even, in some appropriate
cases a representative sample of members of the
public. Where there is a written consultation,
appropriate elements of the Governments Code of
Practice on Written Consultations should be followed.
63. Whatever
mechanism is used for agreeing the advice a committee
should offer, it is essential that the minutes of the
meeting should clearly set out what was the result of
the discussion.
64. Committees
should not seek unanimity at the risk of failing to
recognise different views on a subject. These might
be recorded as a range of views, possibly published
as an addendum to the main report. However, any
significant diversity of opinion among the members of
the committee should be accurately reflected in the
report.
65. The committee
should establish a policy on what documents are to be
published based on principles of openness and
transparency. All committees are expected to publish,
as a minimum, programmes of work, meeting agenda,
minutes, final advice and an annual report. Unless
there are particular reasons to the contrary they
should also routinely publish supporting papers.
Openness from the outset about risks and concerns can
sometimes prevent difficult situations arising later
on in a committees work.
68. Committees
should abide by the principles contained in the Code
of Practice on Access to Government Information.
70. Committees
should be prepared to explain publicly why
information is being withheld.
72. Committees
should make the agenda available prior to meetings.
As a minimum this should be published on their
website and a paper copy available on request.
73. The committee
should publish minutes of its meetings.
75. The minutes
should accurately reflect the proceedings of the
committee. They should be written in terms that make
it easy for a layperson to understand the process by
which a view has been reached. Where it is necessary
for the minutes to contain substantial technical
detail, there should be a summary comprehensible to a
layperson.
77. Advice should be
in terms that can be understood by a layperson. It
should explain the reasoning on which the advice is
based; make clear what principles, if any, of risk
management are being applied, any assumptions
underlying the advice and identify the nature and
extent of any uncertainty.
78. In situations of
uncertainty, committees could offer a range of
options or interpretations to their departments
rather than just one. In so doing they should
distinguish between options which are alternative
interpretations of the scientific evidence, and
options which involve other factors including social,
ethical or economic considerations.
79. Committee
reports and advice should indicate where, in forming
a view, the committee has relied on any external
advice or information provided by others which the
committee has not reviewed.
85. In order to help
provide a full appreciation of its advice and
decisions, the committee should, where appropriate,
facilitate public access to documents or information
that have contributed to the formulation of its
advice. This would enable third parties to better
understand the conclusions reached and decisions
taken.
87. Where the
committee has relied on previously unpublished
background papers, a decision will need to be made as
to whether to publish the papers. In cases where the
costs of traditional paper publication would not be
justified, the committees obligation to provide
information could be discharged either by posting the
documents on the committees website, or by
allowing enquirers access to the documents concerned.
89. To ensure
openness and transparency committees should seek to
keep the public and stakeholders informed as they
develop advice. In addition to timely publication of
minutes and agenda committees should consider
publishing interim working papers where these would
be helpful. All substantive and significant
papers should be published as soon as possible once a
committee has formulated and delivered its advice,
unless non-disclosure is justified under the Code of
Practice on Access to Government Information.
91. Committees
should develop a policy for the communication of
their work to the public and other interested parties
and for receiving feedback. There is a range of
mechanisms that can be used such as: open meetings,
public consultation, dialogue with interested parties
and the calling of outside experts to attend
meetings.
92. Committees
should identify interested parties and consider
maintaining an open register of relevant
stakeholders. They should consult on issues that
generate widespread public concern or raise
significant ethical questions. Particular attention
should be paid to the communication of risk
assessments.
93. Committees
should aim to hold open meetings on a regular basis,
or provide equivalent opportunities for direct public
access. Open meetings may need to be organised in a
different way from a committees normal
meetings.
94. Public
consultations, written or otherwise, should accord
with the Governments Code of Practice on
Written Consultation. Where consultation takes
place, it should be recognised that consultation will
generally be designed to enable the committee to
reach a view on the advice it should offer, not
necessarily on the policy options to be pursued. Any
consultation on policy options will generally be for
the government. A committee may however wish to
advise government on where it thinks public
consultation might be necessary.
95. Documents issued
for consultation should include a list of all the
consultees to whom they are being sent. Secretariats
should keep lists of consultees and ensure relevant
centres of scientific excellence are made aware of
consultation exercises.
96. The general
principle of consultation is that there should be
transparency, which means that the public should be
able to understand the procedures by which the
committee arrived at its decisions. There should also
be openness, in the sense that the public should have
sufficient information available to be able to
understand the chain of reasoning underlying a
committees advice, and have access to the
information on which the committee based its
assessments.
Annex A: The Seven
Principles of Public Life (Nolan Principles)
Openness
Holders of public office should be as open as
possible about all the decisions and actions that
they take. They should give reasons for their
decisions and restrict information only when the
wider public interest clearly demands.
House of
Commons Select Committee on Science and Technology: The
Scientific Advisory System
57. The Government's
commitment to transparency is very welcome. We note
that there are limitations to this commitment. The
Government was not prepared to extend the provisions
of the Freedom of Information Act to factual
information made available to Ministers. The draft
Code of Practice envisages that in some circumstances
the advice of advisory bodies will not be published.
Voluntary disclosure is not enough, if the public is
to be convinced that the scientific advisory system
is truly transparent.
Guidelines
2000: scientific advice and policy making:
22. Departments
should ensure their procedures for obtaining advice
are open and transparent. The evidence upon which the
advice is based should be published. The analysis and
judgement which went into it, and any important
omissions in the data, should be clearly documented
and identified as such. Any claims for material to be
protected, e.g. on grounds of the commercial
confidentiality of the information concerned should
be rigorously tested.
26. Departments are
individually responsible for the handling of advice
commissioned by them, including its public
presentation. In line with the Government's Code of
Practice on Access to Government Information, there
should be a presumption at every stage towards
openness in explaining the interpretation of
scientific advice, which may mean going further than
the minimum obligations. Departments should aim to
publish widely the scientific advice and all the
relevant papers, so those outside can satisfy
themselves about the process by which the advice was
formulated, and that the conclusions are correctly
drawn.
27. It is important
that sufficient early thought is given to presenting
the issues, uncertainties and policy options to the
public so that departments are perceived as open,
well prepared and consistent with one another and
with the scientific advice. The difficulties
associated with presenting uncertain or conflicting
conclusions should not be underestimated.
Office
of Science and Technology: Implementation
of Guidelines 2000
25. There have been
a number of cross-departmental initiatives put in
place to improve publication of research results and
scientific advice in a climate of greater openness
and transparency.
26. For example, as
a first step towards greater use of Internet
technology, work is progressing on a central science
portal linking science and technology domains on
departmental websites, which will also be accessible
to people outside Government. In addition to
providing public access to information about
departmental research, the initiative will facilitate
better information exchange and research
co-ordination amongst departments.
27. All departments
have a website on which they publish information. In
accordance with the Guidelines this would normally
include the scientific advice and analysis that
underlies policy decisions together with research
programmes and findings. Departments are also
increasingly using the Internet as an additional
mechanism for public consultation.
30. ... to encourage
greater crossdepartmental consistency in handling
science policy issues I shall be setting up a system
of "Chief Scientific Advisers
letters" which can be updated as necessary.
These letters, which will be addressed to
departmental Permanent Secretaries, will set out good
practice on arrangements for handling scientific
advice and for managing research in their
departments. Their publication will provide the wider
public with the means to judge how well departments
are measuring up to the latest benchmarks and also
inform the work of other review machinery.
Phillips
"- To establish
credibility it is necessary to generate trust
- Trust can only be
generated by openness
- Openness requires
recognition of uncertainty, where it exists".
These lessons are
strongly endorsed in the Government's Interim
Response. This states that the Government is
committed to a policy of open and transparent
working, and recognises that efforts to "build
and sustain trust through openness cannot succeed
unless it is fully prepared to acknowledge
uncertainty in its assessments of risk".