Legislative Process

Legislative Process  

The key mandate for Legislative Drafting Division is to draft both primary and secondary legislation.

Whether a law should be enacted by Parliament is a decision taken by Government.

Where a ministry of government department considers that there is a need to enact a law to control certain spheres or activities or that a change in the existing law should be made, the ministry or department concerned will firstly seek the opinion of the Attorney General (usually from the legislative drafting division) as to whether it is necessary that a law should be enacted or an existing law needs to be amended.

Where the Attorney General gives his or her approval for a new legislation to be enacted or an existing legislation to be amended, the ministry or department will prepare a memorandum containing the proposal and circulate it among all the ministries and government departments for their views and comments as well as any interested persons and bodies concerned. On receipt of the comments and views from the ministries, the concerned ministry will prepare a memorandum incorporating some of the suggestions made by other ministries for submission to cabinet.

If the proposals contained in the Cabinet Memorandum are approved, a Presidential directive will then be issued to the Ministry requesting it in order to forward the drafting instructions to the Attorney General’s Chambers (LDD) for the drafting of a Bill to be enacted into law.

After the Bill has been approved by the Ministry concerned, the drafter will then forward the final Bill to the ministry. The ministry will upon receipt of the Bill prepare a Cabinet Memorandum attaching the Bill thereof, which it then sends to Cabinet seeking approval of the Bill to be published in the Gazette and to be introduced in the National Assembly.

On approval of the Cabinet Memorandum, a Presidential Directive will be issued for the Bill to be published with a view to introduce it in the National Assembly, the draftperson will then arrange for the Bill to be published in the Gazette.

A Bill other than a Bill introduced on a certificate of urgency has to be published at least 30 days before its introduction in the National Assembly. A Bill introduced in Parliament has to go through successive stages i.e. First reading, second reading, committee stage and third reading, before it is assented to by His Excellency the President.

First reading – the clerk of the National Assembly will read out the short title of the Bill

Second reading – The general merits and principles, but not the details of the Bill may be debated, no amendments to the motion may be moved.

Committee stage – a clause by clause examination of the Bill takes place, amendments are moved at this stage.

Third reading – This is usually a formality, the Bill is treated as having been passed when it receives the third reading, at this stage the debate is usually based on the content of the Bill and no amendments may be moved at this stage. After the debate when the Bill has been passed, the clerk usually reads the long and the short title of the Bill and writes at the end of the Bill, “Passed by the National Assembly this day” giving the day which the Bill was passed.

The Bill is then prepared for the President’s assent which is signified by his signature. A Bill shall only become an Act upon the signature of the President, i.e. a Bill which has gone through the successive stages of reading in the National Assembly and passed on the third reading does not become an Act of Parliament until it is signed (assented) to by the President.