Office of the CPC – 50 Years of Crafting the Laws of the Land

KINGSTON — The Office of the Parliamentary Counsel was established over 50 years ago, as a dedicated office for facilitating the Government in the delivery of its policies, which require legislation.

It consists of a cadre of attorneys-at-law headed by the Chief Parliamentary Counsel, Mr. Albert Edwards and is supported by a dedicated team of administrative professionals and other categories of staff.

Mr. Edwards has been the Chief Parliamentary Counsel since May 2007, and has been an officer in the Office of the Parliamentary Counsel for over 20 years.

He explains that the primary functions of the Office are two-fold. “It seeks to facilitate the government administration of the day in its lawmaking role by preparing draft legislation. Secondly, the office also assists Parliament in its lawmaking function and provides advice on draft legislation that comes before Parliament,” Mr. Edwards explains.

The Office of the Parliamentary Counsel is also involved in treaty negotiations. Its officers are from time to time called upon to provide advice on the text of treaties (particularly in the area of double taxation) and participate in negotiations, at the regional and international levels.

Also on occasion, when the Joint Select Committees of Parliament are established to look at proposed legislation Parliamentary Counsel officers often participate in these committees.

 “We work quite closely with other legal departments, particularly with the Attorney General's Chambers and the Legal Reform Department, because both of those offices have particular roles which are relevant to the legislative process,”Mr. Edwards states.

The Office of the Parliamentary Counsel also sometimes collaborates with the Office of the Director of Public Prosecutions, mainly concerning proposed legislation relating to matters of criminal justice.

In 2010, 33 Acts were passed in Parliament, but as the Chief Parliamentary Counsel states, this is not a true reflection of the overall output of the department, for the period.

Its report for the period April 2009 to March 2010 records some 132 draft Bills that were prepared. "And not to be outdone is the subsidiary legislation where some 194 pieces of subsidiary legislation were drafted. So that is basically an outline of the effort of the some 10 drafters and our supporting staff who are working in the office at this time," Mr. Edwards informs.

In terms of challenges, the Chief Parliamentary Counsel says sufficient time has always been an issue.

"There is always the tension between the drafter and the client Ministry or agency. The word urgent is beginning to lose its significance because everything is urgent and we are now looking at varying degrees of urgency. Time is always a challenge," Mr. Edwards notes.

"Drafting involves a lot of thinking and analytical research. As important as it is to have draft legislation that is accurately and clearly written to communicate the necessary policy, conceptualising it is critical, and time must be taken and research must be done," he adds.

He further notes that in order for the Office to enhance its ability to achieve its mandate it has become necessary to increase the staff complement.

"We are seeking internally to reorganise aspects of our office functions, applying project management principles to the way we organise our work and also we are seeking to facilitate along with a number of other agencies the sensitisation of Ministries, departments and agencies, as to the respective roles and functions of themselves as instructing officials and ourselves as drafters," Mr. Edwards states.

In the meantime, the Chief Parliamentary Counsel recalls a few memorable pieces of legislation the department has worked on.

"Some of the pieces of legislation that come to mind are the Real Estate Dealers and Developers Act, which helped to provide regulation that was needed for the real estate industry in terms of development and the process of selling land. Also the Deposit Insurance Act and the Shipping Act which provided  new legislation for Jamaica, which sought to introduce into law  a number of maritime conventions that Jamaica had signed on to," Mr. Edwards states. 

“In recent years there has been legislation relating to matters like trafficking in persons, (and) the forfeiting the proceeds of crime (the Proceeds of Crime Act). I remember the exercise to prepare the anti-doping legislation. It was finalised just before the Beijing Olympics in 2008, so it was crunch time and very exciting, and quite significant in more recent years has been the Criminal Justice (Plea Negotiations and Agreements) Act, known informally as the plea bargaining law. But out of all, I would have to say that the legislation for the new Charter of Rights stands out,” he adds.

The widely-discussed Charter of Fundamental Rights and Freedoms repeals and replaces Chapter  III of the Jamaican Constitution, and makes new provisions for, among other things, the right to life, liberty and security of individuals, freedom of assembly and association and respect for private and family life.

It provides for more comprehensive and effective protection of the rights and freedoms of individuals, subject to certain exceptions, such as where measures are required for state governance, in periods of public disaster or emergency. Furthermore, the protection of these rights and freedoms is not absolutely guaranteed, but may be limited to such extent as may be shown to be demonstrably justified in a free and democratic society.

"I think working on the Charter of Rights has been a very fulfilling assignment for this office,” Mr. Edwards states.

Individuals who are interested in a career in drafting legislation must first be attorneys-at-law, qualified to practise in Jamaica. To work in the Office of the Parliamentary Counsel, prospects should possess an analytical mind and good writing skills. One should also have, or be prepared to undergo, specialist training in legislative drafting.

"The general competencies required of drafters would be that one should have a keen sense of attention to detail. One should have a thick skin, be able to take criticism without becoming too flustered. One should also have a very solid command of constitutional and administrative law principles as well as the English Language,” Mr. Edwards explains.

By Latonya Linton, JIS Reporter