Govt. responsible for getting experts to draft oil laws, not us - AG Chambers

Govt. responsible for getting experts to draft oil laws, not us – AG Chambers

Apr 06, 2019 News

Attorney General, Basil Williams

If the Government wishes to have laws dealing with oil and gas, then it must ensure it has the requisite experts to formulate what is known as drafting instructions which would then be used by the Attorney General’s Chambers to help in the legislative process. This was noted by the AG’s Chambers in a statement to the press last night.
These comments come on the heels of an article, which was published by Kaieteur News on, April 2 with the headline “AG’s Chambers lacks expertise to fine tune oil laws.”
The AG’s Chambers said, “It is important to also note that drafters do not usurp the role of the Government. It is the Government and the respective Ministries and Departments that should have the requisite specialization in the policy area that requires legislation. Moreover, drafters do not work in a vacuum but rather work along with the expert or consultant employed by the relevant Ministry or Department who is there to serve as the instructing officer.”
It continued, “Also, we have worked with oil and gas experts from the Commonwealth and in other areas of the law with experts from International Senior Lawyers Project (ISLP). Therefore, if the Government wishes to have laws dealing with oil and gas, then it is the Government who must ensure they have the requisite experts to formulate what is known as drafting i

Attorney-at-Law, Nigel Hughes

nstructions.”
The Chambers added, “This expert is the one responsible for explaining the aims of the legislative proposal to the drafter, give the drafter the requisite information to help the drafter to compose a product that is legally effective and responds to the policy, and make decisions on issues arising during the drafting. These instructions, the drafter will use to guide them in drafting the law with clarity and precision, thus giving effect to the legislative aspirations of the Government.”

AUTHOR OF OUR DISPARAGEMENT
The Attorney General’s Chambers also took umbrage after noting that the author of the criticisms contained in the Kaieteur News article was Attorney-at-law, Nigel Hughes.
The Chambers noted that its Drafting Division, though short staffed, drafts the laws of the land under immense pressure and time constraints. In this regard, the Chambers then proceeded to explain the difficulties it experienced when trying to “salvage” the Constitutional Reform Commission Bill that was done by Hughes.
The Chambers said, “It must be stated that drafts done by consultants/experts are often times not in a form fit for Parliament and the Parliamentary Counsel has to engage in a process of dismantling the draft and reworking it to ensure it is fit for purpose. This simply means that being an expert is not synonymous with being a drafter. It is at this juncture one can see the measure of the magnitude of our drafting expertise.”
It continued, “The final product is always that of the Chambers as consultants are often too far removed from the realities of what is needed. Against this backdrop, persons should be careful about making disparaging and reckless remarks about the expertise that the Drafting Division possesses. The author of our disparagement (Nigel Hughes) should be careful of his remarks. His arrangement in relation to oil and gas covers vast tracks of space and time, but he has committed an error by arrogating to himself knowledge of which he is denuded.”
The Chambers added, “Perhaps it would be apt to mention the Constitutional Reform Commission Bill drafted by a consultant (Hughes), guided by a Steering Committee and sent to this Chambers.”
The AG Chambers said that the Bill had to be “salvaged by the Chambers because of a lack of knowledge by the Consultant, and his failing to take into consideration certain key aspects of the laws of Guyana.”
In closing, the Chambers reminded of the words of the late renowned legislative drafter Professor V.C.R.A.C Crabbe. “Parliamentary Counsel must have some basic knowledge of indeed every subject matter. They supplement their basic knowledge with research. Their industry and discipline help them to ask the right questions. In the end, Parliamentary Counsel becomes Jacks of all trades and masters in legislative drafting.”
On that note, the Chambers said there is no challenge that its Drafting Division cannot handle.

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