Geoff Lawn Deputy Chief Parliamentary Counsel (Access to Legislation) Parliamentary Counsel Office
September 2005
How can you help us to help you?
Outline
- Roles and expectations
- Developing initial policy proposals
- Instructing the PCO
- Supporting the Bill through the House
- Select committee
- Committee of the whole House
- How else can we help you?
Key principle
A good workable piece of legislation involves a partnership between instructors & drafters where each understands & respects one another's role
Role of the instructor
- Provide instructions: administrative policy expressed as legislative policy
- Take responsibility for policy matters
- Primary point of contact for drafter
- Answer questions from the drafter
- Provide timely feedback on drafts
- Prepare/co-ordinate cabinet papers, general policy statement, RIS/BCCS, speech notes, etc
- Project manager for overall job
Role of the drafter
- Aims to produce a draft that-
- gives effect to Government policy
- is legally correct
- is expressed as clearly & simply as possible
- Has regard to the "Statute Book" as a whole
- Helps identify & solve problems associated with the proposal
- Has ultimate responsibility for way legislation is expressed & presented
- Committed to achieving best possible result for your project
Talk to us!
At policy development stage (advisable)
- Before making a bid for annual legislation programme
- Before submitting a Cabinet paper seeking approval to issue drafting instructions
- During drafting & legislative process
Developing the policy
Talk to us
- Advice on translating policy proposals into workable legislative schemes
- Form that legislation may take
- Timeframes, procedural requirements, ways to expedite the process
Involve legal advisers early
- Identify & clarify legal issues
- Establish conflicts with legal principles
- Identify nonlegislative options
Involve operational people if possible
- Will the legislative proposal work in practice?
- Resource requirements
- Develop scenarios to test practicality and comprehensiveness of policy
Consult other agencies
- Early consultation can save time later
- Help to identify and solve inter-agency issues
- Consider consulting the Legislation Advisory Committee
Think about regulations
- Will regulations or other delegated legislation be required?
- What is required? (Relevant to drafting of empowering provision)
Think about transitional arrangements
- Transition from old to new scheme
- Close down existing scheme
- Preservation of existing rights, obligations, proceedings
Be familiar with guidance material
- LAC Guidelines
- Cabinet Office Manual & Step by Step Guide
- Guide to Working with the PCO
- Regulations Review Committee reports (see RRC Digest on VUW Law Faculty website)
Public consultation draft?
- Think about whether a public consultation draft might be useful, to gain early public input/reaction
- May save time during Parliamentary process
- Ministerial/Cabinet approval needed
Getting policy approvals
- Don't put up timeframes without consulting PCO
- Don't attach drafts
- Don't seek endorsement of particular words or phrases
- Provide PCO with draft Cabinet paper
Before sending instructions
- Policy approvals obtained
- Explain the legislative problem to be remedied
- Explain what the legislation will do How does the proposal relate to existing law?
- Transitional and savings provisions?
Before sending instructions
- Delegated legislation required?
- Highlight any unresolved difficulties
- Expected timetable, time constraints, commencement dates
- Consultation with other agencies
- Contact details
Provide as much helpful material as appropriate
- Cabinet papers and minutes
- Discussion papers
- Crown Law opinions
- Judicial decisions
Departmental/external drafts
- Can be useful (consult PCO team leader)
- Waste of time for routine matters (eg fees changes)
- Not a substitute for narrative instructions
- Don't get wedded to your own drafting
Knowledgeable and engaged instructors
- Know area of law
- Authorised and able to answer questions quickly and definitively
- Able to turn drafts around promptly
- Consistency of policy and personnel
Be aware of PCO's constraints
- Format and style
- Legislative structures
- Plain language
- Parliamentary procedure
- Printing and publishing process
Be patient
- Drafters aren't experts in the policy area
- Drafters ask lots of questions
Help us juggle priorities
- Government's legislative programme
- Priorities assigned to Bills
- House business programme
- Select committees
- Other work
Be open-minded
- Wording
- Structure
- Aids to interpretation
- Examples
- Diagrams (eg flow charts)
- New ways of communicating
Parliamentary procedures
- Omnibus Bill rules
- Scope issues
- Timing of debates
- Financial veto
- General procedures
Legislation Co-ordinator
- Get to know this person!
Bill of Rights vetting
- Allow time
- See The Non-Discrimination Standards for Government and the Public Sector (Ministry of Justice booklet)
At the select committee
- Send us a copy of the departmental report in draft
- Don't discuss/suggest drafting changes without consulting PCO
- "Scope" issues
Talk to us!
At the committee of the whole House
- "Scope" issues
- Not a good time to make substantial changes
- Major changes may require new policy approvals
Talk to us!
Avoid surprises
- Changes in priorities (whether urgency or delay)
- Changes in policy
- Changes in personnel
- Manage expectations
Have realistic commencement dates
- Generally desirable to have a gap between enactment and commencement
- Allow sufficient time for delegated legislation to be prepared
Mistakes are hard to fix
- Alert PCO early to any mistakes
- Check, check, check!
We appreciate feedback
- How can PCO improve its service?
- Are our publications useful?
- Annual client survey
- Feedback on individual drafting jobs
What else can we offer you?
- Seminars for departments
- Guide to working with the PCO
- PCO Newsletter
- Client section of PCO website
- www.legislation.govt.nz
What's coming
- Revision of "The Guide" on website
- PCO Drafting Manual on the website
- PCO Style Manual on the website