How Public Servants should deal with Legislation in Parliament
Graeme Buchanan, LAC Member and Deputy Secretary (legal), Department of Labour
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THE STORY SO FAR
- Overview of developing Policy/preparing Legislation
- Key messages
- Teamwork, involving lawyers
- Project manage the exercise
- Factor in LAC Guidelines at all stages
- Today
- Managing a Bill in the House
TODAY’S STORY
- Guidance Gap
- New LAC Guidelines Chapter
- “Bills after Introduction”
- Consistent message
- LAC Guidelines just as relevant to changes to Bills as they move through the House
- “Every effort should be made to ensure that the Bill remains consistent with the Guidelines”.
THE COMPETING ROLES OF PUBLIC SERVANTS
- Project manager
- But timing and ultimate content out of our control!
- Advisers to the Select Committee
- But there may not be a Government majority!
- Agent of the Minister/Government
- Champions of the policy objectives
THE STAKES ARE HIGH
- Maintain consistency with Guidelines
- Continue to deliver policy objective
- Ensure a workable Bill
through
- Select Committee – structured!
- Committee of the Whole – pressured!
LAC GUIDELINES ISSUES
- Still consistent with policy objective?
- Still understandable and accessible?
- Consistent with common law principles?
- Interpretation Act?
- Bill of Rights Act?
- Treaty issues?
LAC GUIDELINES ISSUES (Cont.)
- International obligations?
- Consistent with existing law?
- Savings or transitionals?
- New public power?
- New public body?
- Delegated legislation involved?
- Appropriate remedies provided?
LAC GUIDELINES ISSUES (Cont)
- Any new criminal offences?
- Appeal and review issues dealt with?
- New or changed powers of entry and search?
- Privacy interests affected?
- Any cross-border issues?
OTHER ISSUES/OBLIGATIONS
- Attention to detail
- Drafting consistency
- Staying within “scope” (S.O 288 & 297)
- Fiscal impact (S.O 318-322)
- Government decides policy changes
SELECT COMMITTEE STAGE
- Initial Briefing – tactically important!
- Establish communication channel with Committee Clerk
- Plan submission summarising and analysis
SELECT COMMITTEE STAGE (Cont).
- Departmental Report
- Plan structure and timing -
- Allow time for
- - Discussion with Minister
- - Cabinet decisions -
- Includes both recommendations arising from submissions and Departmental improvements
- QA Committee Clerk’s commentary
COMMITTEE OF THE WHOLE
- Ensure Government SOPs comply with LAC Guidelines
- Help Minister understand the nature of amendments proposed
- Watch out for scope issues!
- Watch out for fiscal implications
- Leave your cabbage at home!
OTHER ISSUES
- Second Reading
- Does your Minister need you?
- Third Reading
- Does your Minister need you?
- Interaction with other political parties – Ministerial permission!