Institutionalising Participatory and Deliberative Democracy working group recommendations: Scottish Government response

Recommendations for routine use of Citizens' Assemblies

The IPDD working group recommendations are divided across two connecting themes: participatory and democratic innovations, and using this as a basis to build the skills and expertise to establish routine use of Citizens' Assemblies in Scotland. This recognises that Citizens' Assemblies are a valuable method, but are only one way to involve people in decisions.

Citizens' Assemblies bring together a randomly selected group of people that is broadly representative of the general population. This group is supported to learn about and develop shared understanding on an issue, and to then deliberate on solutions in a structured and respectful way. Examples from Scotland and around the world show that this can provide credible and detailed responses to difficult issues.

Citizens' Assemblies are generally most appropriate for complex issues of national significance which will affect a large portion, or all of, the population. There are many instances when involving people in an important decision is better approached through smaller scale methods, for example lived experience panels.

Scottish Government has made commitments relating to Citizens' Assemblies, proposing that Citizens' Assemblies become part of our democracy. Clear policies and approaches are required to ensure that Citizens' Assemblies function to a high standard, are properly embedded in the work of government to ensure impact, and have transparent and independent governance, oversight and scrutiny. We recognise that a priority for the IPDD working group is that future Citizens' Assemblies operate in this environment and to these standards.

A key step in this process will be to undertake an impact assessment of Scotland's two previous Citizens' Assemblies, considering the impact recommendations have had and what lessons can be learned from this. This will help ensure that decisions about required infrastructure and resources for Citizens' Assemblies are evidence-based, and will inform further details of the initial responses provided to each recommendation in this section.

We recognise that large-scale methods other than Citizens' Assemblies may be required in the future. It is the primary intention of Scottish Government to establish sustainable and effective infrastructure for public participation, which can provide a basis for a wide range of participation and deliberation methods.

1. Put in place infrastructure to deliver on commitments to run routine Citizens' Assemblies, starting with Citizens' Assemblies already scheduled by Scottish Government

Scottish Government's commitment to annual or routine Citizens' Assemblies creates a new part of our democratic infrastructure. We want to ensure that Citizens' Assemblies are cost effective and have real impact on policies. There are existing commitments to Assemblies - these would represent the first of the annual Assemblies. Their delivery will enhance our understanding and learning about holding effective Assemblies, as we continue to build the capabilities and skills needed.

The establishment of a Participation team (outlined in response to Participatory and Democratic Innovations recommendation 2) and the delivery of an impact assessment of Scotland's previous two Citizens' Assemblies will be key steps in informing the required infrastructure to establish routine Citizens' Assemblies.

During this Parliament, consideration will be given to how government can best set in place longer term resourcing that delivers a clear programme of Citizens' Assemblies. This will draw on internal and external advice and evidence, and will uphold the values, principles and standards outlined by the IPDD working group. Responses to the other recommendations in this section provide detail on the staging of that process and longer term ambitions.

See also the response to Participatory and Democratic Innovations recommendation 2.

2. Support further work to develop the Citizens' Assembly for under 16's building on the outcomes of a children and young people's democracy symposium

The 'CYP Participation Framework' (outlined in response to Participatory and Democratic Innovations recommendation 3) will provide a mechanism to enable future Citizens' Assemblies and other participatory and deliberative processes with CYP.

The Framework will list pre-qualified suppliers who have:

• the skills and expertise in clearly defined areas
• the capacity and capability to supply the required services at pre-agreed costs established at the award of the Framework Agreement

Policy teams will use this Framework to easily select the most suitable supplier. The Framework will:

• enable efficient and high quality identification, recruitment and engagement with an agreed list of organisations (suppliers) to support CYP's participation in policy development and decision-making processes
• ensure access to organisations with the skills and expertise to engage with particular CYP age groups, and with those who may be furthest from their rights

This will be overseen by the Children's Rights Unit to ensure a more collaborative, streamlined and strategic approach to participation by:

• creating a database of all work commissioned
• creating an evidence bank for carrying out Children's Rights and Wellbeing Assessments, reducing duplication and ad-hoc engagement whilst also tackling engagement fatigue felt by stakeholders
• embedding Open Government principles for participation strategy and guidance
• remaining established for a minimum of four years, at which point it will open again to new suppliers - this will ensure participation opportunities remain fair and transparent

3. Adopt the values, principles and standards set out in this report to underpin all future Citizens' Assemblies, and work to build a trusted system that supports and understands these

See the response to Participatory and Democratic Innovations recommendation 1.

4. Ensure development of annual Citizens' Assemblies is sponsored and organised by a practice-led Unit that has clear responsibility and can ensure continuity of approach across policy areas

We will draw on advice from the Participation team (outlined in response to Participatory and Democratic Innovations recommendation 2) and evidence from an impact assessment of Scotland's previous two Citizens' Assemblies to consider the longer term resourcing needed for Citizens' Assemblies.

This is likely to include identifying resources and skills for:

• effective assembly governance, transparency and scrutiny (including the role of Parliamentary scrutiny and that of an independent Strategic Oversight Group)
• establishing processes for deciding the remit and question for each Assembly
• participant recruitment processes which are trusted, transparent, fair and weighted to facilitate inclusion
• pastoral care that supports anyone to participate
• provision of high quality and balanced evidence and required research capacity
• skilled design and facilitation
• ensuring an Assembly's recommendations have impact

This will include considering options for including in the resourcing and remit of an expanded Participation team the sponsorship of independent delivery teams for Citizens' Assemblies.

See also the response to Participatory and Democratic Innovations recommendation 2.

5. Collaborate with local government, public services and Parliament to establish and agree clear agenda setting guidelines for all Citizens' Assemblies

Clear agenda setting guidelines will be needed for future programmes of Citizens' Assemblies. As acknowledged by the IPDD working group, a number of commitments to Citizens' Assemblies have been made for the current Parliament.

In subsequent Parliamentary terms, consideration will be given to developing a fair, transparent and accountable agenda setting process. This will draw on advice from the Participation team, a Strategic Oversight Group and on collaboration with civil society, local government and Scottish Parliament.

6. Establish a common research framework to evaluate all future Citizens' Assemblies, identifying budget, commissioning and transparency

A common research framework is important to evaluate all future Citizens' Assemblies, as part of a process of placing research at the core of learning, monitoring and supporting the impact of participation and democratic innovations. Evaluations of the two previous Citizens' Assemblies have provided valuable learning, and demonstrate the central importance of evidence-based reflection and development to achieving 'institutionalisation' of participatory and deliberative democracy.

We will undertake an impact assessment of Scotland's two previous Citizens' Assemblies, considering the impact recommendations have had and what lessons can be learned from this. This will ensure that decisions about required infrastructure and resources are evidence-based, and will inform further details of the responses provided to each recommendation in this section.

The proposed Participation team will be multi-disciplinary and will include research work to maintain quality of the evidence bases, institutional learning, monitoring and evaluation.

The establishment of a core Research Group or comparable body would be a subsequent step. The transparent use of research is key to ensuring impact and will:

• monitor and evaluate each Assembly's recommendations
• develop a methodological and evidence base
• oversee continuous improvement and innovation

The independence of this research work is also of fundamental importance. Consideration will be given to the arrangement of a Research Group to ensure that these aims can be met within available budget.

See also the response to Participatory and Democratic Innovations recommendation 2.

7. Connect to the Scottish Parliament Committee system for scrutiny of Citizens' Assembly processes and recommendations

The Scottish Parliament has considerable experience in the use of deliberative work to support Committees. Experts from the Scottish Parliament's Participation and Communities Team were involved in the development of the IPDD report, and have more recently instigated a public Action Inquiry to consider how the Scottish Parliament can embed deliberative processes in its work.

The Citizen Participation and Public Petitions (CPPP) Committee has recently expanded its remit to include consideration of participation and Citizens' Assemblies. In summer 2022 the CPPP Committee took evidence from several members of the IPDD working group and from the Minister for Parliamentary Business. We welcome this interest and will work with the CPPP Committee in whatever way assists them to decide how the Scottish Parliament will scrutinize the participatory and deliberative processes that Scottish Government undertakes.

Scottish Government agrees that in the longer term, steps should be taken to involve the general public and Citizens' Assembly participants in scrutinising the development and delivery of deliberative engagement. Transparency and regular reviews and publication of progress on all recommendations are key to this.

We will draw on evidence from an impact assessment of Scotland's previous two Citizens' Assemblies to consider this longer term process. It is likely that fully developing this process will take into the following Parliamentary term, as key aspects of it will be dependent on an established funding arrangement for Citizens' Assemblies.

8. Adopt the initial governance proposals set out in this report to provide reassurance on independence and an ethical and credible process, with commitment that governance for new democratic innovations will be set out in a National Participation Strategy

Clear roles and responsibilities are necessary to deliver credible Citizens' Assemblies. We will draw on advice from the Participation team, evidence from a comprehensive impact assessment of Scotland's previous two Citizens' Assemblies, and international evidence to consider options for this. Developing an established governance model that covers all aspects outlined by the IPDD working group will take into the following Parliamentary term, and aspects of this will be dependent on the establishment of a National Participation Strategy.

9. Establish a Strategic Oversight Board to bring external expertise in to review and guide democratic innovations

An independent Strategic Oversight Board is a key feature of Citizens' Assemblies that uphold the values, principles and standards outlined by the IPDD working group. This provides:

• accountability, strategic advice, and oversight of public participation
• external expertise to review and guide democratic innovations
• the scope to adjudicate disputes or complaints from assemblies – and if necessary escalate these to Ministers

Work will take place to establish an independent Oversight Board before the commencement of the next Citizens' Assembly. Learning and advice for this will be drawn from the National Participatory Budgeting Strategic Group.

10. For each Citizens' Assembly process, establish an independent and practice-led Secretariat (within or close to the Participation Unit) with delegated authority to organise and deliver the process

An independent and practice-led Secretariat with delegated authority to organise and deliver each Citizens' Assembly process is key to upholding the values, principles and standards outlined by the IPDD working group.

We will draw on advice from the Participation team and evidence from an impact assessment of Scotland's previous two Citizens' Assemblies to consider the process of building up a body of staff with responsibility for Participation and Citizens' Assemblies. This will include considering the longer term aim of establishing for each Citizens' Assembly an independent Secretariat that is sponsored by the Participation team, to ensure investment in skills and continued capacity building.

Due to current budget challenges, this ambition will be reviewed in following financial years. In the interim, relevant policy teams for each Citizens' Assemblies will provide funding for delivery and will receive advice from the Participation team.