A practice has developed "over the last couple years" where some ministries have "outsourced" drafting of their legislation to private legal firms, before it is redrafted by the Chief Parliamentary Counsel, Attorney General John Jeremie confirmed yesterday. UNC Senator Wade Mark elicited the information from Jeremie during Mark's questioning of Jeremie on the issue during yesterday's Senate sitting.
Replying to Mark's first question on the issue–which involved whether Jeremie's ministry had hired private legal drafting over 2008 to May 2009, Jeremie said, "The Attorney General has not hired any private law firm or individual or consultant to perform any legal drafting duties over January 2008 to May 2009." Jeremie said all legislative bills presented to Parliament were drafted by the office of the Chief Parliamentary Counsel (CPC).
Jeremie added: "Some draft legislation may emanate from other ministries, but would necessarily be redrafted by the Chief Parliamentary Counsel." Jeremie listed 100 pieces of legislation which were drafted by the CPC over 2007 and 2009. Mark then asked Jeremie if he was aware of any private legal firms being involved in the drafting process and if so, whether the CPC was called upon to redraft those pieces.
Jeremie then confirmed: "Yes, a practice has developed by virtue of which several ministries outsource their preliminary drafting work. That is a relatively recent practice. The extent to which the CPC has to redraft the bills and the CPC's involvement is not clear. "In some instances it might be grammatical errors, it may be a question of style and in some cases it may be a question of substance.
