Parliamentary Counsel
Encyclopedia
Parliamentary counsel are lawyer
s who prepare legislation that it is proposed to pass into law. The term Parliamentary draftsman (or draughtsman) is also widely used. These terms are used in relation to the United Kingdom
parliament
, and other parliaments on the Westminster system
. The official title, and organization, of the parliamentary counsel varies between legislatures. For example, those who draft government legislation for the UK parliament form the Parliamentary Counsel Office (established in 1869 under the title of the Office of Parliamentary Counsel) while the Office of the Scottish Parliamentary Counsel drafts legislation for the Scottish Parliament
, the Office of the Legislative Counsel drafts legislation for the Northern Ireland Assembly
and the Office for the Welsh Legislative Counsel performs the same role for the Welsh Government. In the Republic of Ireland
, there is an Office of the Parliamentary Counsel to Government
. In Australia, each state, territory and the federal government has an Office of the Parliamentary Counsel.
The job of a parliamentary draftsman is to draft the detailed form of proposed law
s, in a way that will accurately reflect the intentions of the politicians who are promulgating them, without leaving loopholes or producing perverse results. This is an almost impossible task, and the pursuit of exact and watertight legislation has often resulted in obscure and convoluted language. Such language has been criticised both by government bodies such as the committee under Sir David Renton that reported in 1975 (and recommended drafting which was more based on principles than specific details to address every possible situation).
In parliamentary discussion, the draftsman is rarely if ever referred to by name, but only as an office. However, the post has been held by a number of distinguished lawyer
s, for example Bernard O'Dowd
in Australia, John Ferguson McLennan
specialising in Scottish law
(which though enacted entirely in the UK parliament from 1707 until 1999, is distinct from English law
), and William Philip Schreiner
in South Africa
.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s who prepare legislation that it is proposed to pass into law. The term Parliamentary draftsman (or draughtsman) is also widely used. These terms are used in relation to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
, and other parliaments on the Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
. The official title, and organization, of the parliamentary counsel varies between legislatures. For example, those who draft government legislation for the UK parliament form the Parliamentary Counsel Office (established in 1869 under the title of the Office of Parliamentary Counsel) while the Office of the Scottish Parliamentary Counsel drafts legislation for the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
, the Office of the Legislative Counsel drafts legislation for the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
and the Office for the Welsh Legislative Counsel performs the same role for the Welsh Government. In the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, there is an Office of the Parliamentary Counsel to Government
Office of the Parliamentary Counsel to Government
The Office of the Parliamentary Counsel to Government is a constituent department of the Office of the Attorney General of Ireland. Parliamentary Counsel to Government draft government Bills ....
. In Australia, each state, territory and the federal government has an Office of the Parliamentary Counsel.
The job of a parliamentary draftsman is to draft the detailed form of proposed law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s, in a way that will accurately reflect the intentions of the politicians who are promulgating them, without leaving loopholes or producing perverse results. This is an almost impossible task, and the pursuit of exact and watertight legislation has often resulted in obscure and convoluted language. Such language has been criticised both by government bodies such as the committee under Sir David Renton that reported in 1975 (and recommended drafting which was more based on principles than specific details to address every possible situation).
In parliamentary discussion, the draftsman is rarely if ever referred to by name, but only as an office. However, the post has been held by a number of distinguished lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s, for example Bernard O'Dowd
Bernard O'Dowd
Bernard Patrick O'Dowd was an Australian activist, educator, poet, journalist, and author of several law books and poetry books. O'Dowd worked as an assistant-librarian and later Chief Parliamentary Draughtsman in the Supreme Court at Melbourne for 48 years;he was also a co-publisher and writer...
in Australia, John Ferguson McLennan
John Ferguson McLennan
John Ferguson McLennan , was a Scottish ethnologist and lawyer. He was born at Inverness.He studied at King's College, Aberdeen, where he graduated with distinction in 1849, thence proceeding to Cambridge, where he remained till 1855 without taking a degree...
specialising in Scottish law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
(which though enacted entirely in the UK parliament from 1707 until 1999, is distinct from English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
), and William Philip Schreiner
William Philip Schreiner
William Philip Schreiner was a barrister, politician, statesman and Prime Minister of the Cape Colony during the Second Boer War.-Career:...
in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
.