Drafting

Drafting

Legislative Drafting is one of the functions of the Attorney General's Chambers and is headed by the Chief Parliamentary Counsel.

The Drafting Department of the Ministry drafts original bills, amendment bills and subsidiary pieces of legislation with a view to giving effect to the objectives of the Government, in terms of the constitutional, political, social and economic goals and aspirations of the Government. This includes:

• Government Bills to be introduced into Parliament - these will become Acts of Parliament if passed by Parliament.
• Regulations to be made by a Minister, or in some cases, by a body authorised by an Act of Parliament to make regulations.
• Orders by a Minister.
• Certain types of notices in the Government Gazette that have legislative implications.

The Drafting Department takes instructions to draft legislation from Cabinet Ministers or the Office of the President. Occasionally instructions can be given by senior officials, with the approval of the Office of the President, Cabinet, or a Cabinet Minister.

Instructions are, in the first instance, given to the Chief Parliamentary Counsel, who will then allocate the drafting work to one of the drafters in this Section.

The Drafting Department encourages early, informal consultation when legislation is being planned or when policies are being developed that are likely to need legislation to implement. Initial contact should be made with the Chief Parliamentary Counsel.