Header

Senior Legislative Drafter, Office of the Parliamentary Counsel

Reference: PG/JAM/0443
Location: Kingston, Jamaica
Duration: 2 Years
Closing Date: 13 Apr 2011

Background

The Office of the Parliamentary Counsel (OPC) is the Law Office of the Government of Jamaica, charged with the responsibility for legislative drafting. It consists of a cadre of attorneys-at-law headed by the Chief Parliamentary Counsel (CPC) and supported by administrative and secretariat staff. Its mission is to facilitate the Government’s request for the preparation of draft legislation in fulfilment of its legislative programme. In pursuance of policy decisions at the Ministry level, the OPC gives counsel to Parliament in the exercise of its law-making powers by providing advice on the draft bills it seeks to enact. In carrying out these functions, the OPC drafts Bills and subsidiary legislation on instructions from client Ministries, advises Ministries on points of law relevant to proposed legislation, and examines and comments on all draft Cabinet submissions related to legislation.

The Government of Jamaica has articulated various legislative measures to address the growing crime rate, tackle corruption, introduce constitutional changes, address gaps in social protection, as well as those required by international conventions to which Jamaica is a signatory. The Government’s National Security Policy has recorded the need for legislation to be continuously reviewed and revised as offenders use new methodologies, technology and other creative ways to avoid prosecution. There is therefore a significant and growing demand for new and revised legislation to treat with the above issues.

There currently exists a capacity challenge within the OPC relating to the numbers of experienced drafters available to draft urgent laws specifically relating to anti-corruption and crime. The OPC is currently below its complement of drafting staff, this fact as well as the volume of annual legislative drafting requirements are adversely affecting the pace at which Bills are tabled in Parliament.

Purpose of the Project

The purpose of the project is to strengthen the Government of Jamaica’s ability to respond to the increasing demands for timely and effective legislation.

The goal is to enhance the capacity of the Government of Jamaica to develop effective legislation in a timely manner. The primary focus will be on supplementing the legislative drafting capacity of the Ministry of Justice, Jamaica and in particular the OPC, in the effective and efficient preparation of legislation, notably, criminal and anti-corruption legislation.

Scope of Work

The Expert will be based at the office of OPC, Ministry of Justice, Kingston, Jamaica and will work closely with the counterparts in the drafting team.

During the assignment the expert will be expected to undertake a number of activities, including:

  • Assessing current legislation in progress and matters outstanding on the legislation programme;
  • Drafting of specialised legislation notably, criminal and anti-corruption;
  • Undertaking training needs assessment of legal personnel within the OPC, and implementing a training and mentoring framework to bridge any knowledge or skills gap;
  • Training of identified personnel within line ministries in the processes involved in the development of legislation and in particular the formulation and submission of drafting instructions;
  • Providing advice to government departments on legal and legislative issues arising in relation to proposed legislation;
  • Attending and contributing at Legislation Committee Meetings and other relevant fora;
  • Developing a legislative drafting handbook for use by line ministry officials and a legislative drafting manual for drafters within the OPC.

Outputs/Deliverables

  • Specialised legislation, including criminal and anti-corruption laws drafted.
  • Ministers and other Government Departments advised on legal and legislative issues arising in relations to proposed legislation.
  • Office of the Parliamentary Counsel legislative staff trained and mentored in drafting anti-corruption and criminal legislation.
  • Legal personnel in line ministries, trained in the processes involved in the development of legislation and in particular the preparation of clearly articulated drafting instructions.
  • Functional guidelines developed for use by line ministry officials and a legislative drafting manual for drafters within the OPC.

Transfer of Expertise

The Commonwealth Secretariat attaches particular importance to the transfer of expertise and knowledge to counterparts. Experts appointed will be expected to share their skills and experience with staff of the Office of the Parliamentary Counsel. A comprehensive training and mentoring programme will be implemented in this regard which will aim to ensure that staff trained will have the necessary skills to fulfil drafting requirements with more confidence and less close supervision upon project completion.

Implementation Arrangements

The expert will work closely with Commonwealth Secretariat Advisers in delivering this technical assistance. The expert will be based at the Office of the Parliamentary Counsel for a period of two years reporting directly to the Chief Parliamentary Counsel.

Person Specification

The successful candidate should have:

  • A Bachelors Degree in law and or post-graduate qualifications in criminal and anti-corruption legislation;
  • At least 15 years experience in legislative drafting, acquired within Commonwealth jurisdictions, particular experience in drafting legislation relating to criminal and anti-corruption matters is highly desirable;
  • Experience in providing professional advice concerning legislation on crime and anti-corruption at a senior level;
  • Demonstrated expertise in legal analysis and drafting in the specialised areas of anti-corruption and crime;
  • Strong communication, writing and IT skills;
  • Ability to establish priorities and to plan, coordinate and monitor own work;
  • Excellent interpersonal skills, ability to work in a consultative and collaborative manner;
  • Ability to establish and maintain effective partnerships and working relationships in a political environment;
  • Demonstrated pre-eminence or leadership in the field of legislative drafting matters.

Interested applicants who are nationals of Commonwealth member countries and who meet post criteria are invited to apply quoting project reference number and post title to the attention of Mr James Lek, Human Resources, Commonwealth Secretariat, Marlborough House, Pall Mall, London SW1Y 5HX. Fax: +44 (0) 207 747 6520. E-mail: j.lek@commonwealth.int. Application must be accompanied with a detailed CV including names and contact details of three referees. On receipt of applications, a summary of the terms and conditions of service together with the emoluments package will be provided to applicants.

Please also complete a Personal History Form (PHF) which is available for download together with the Skill Codes Booklet from the Commonwealth Secretariat website.

Download Terms of Reference