Papua New Guinea now for the first time has its own Legislative Drafting Manual that will guide the drafting of clear, understandable and workable laws for the country.
The manual is a culmination of countless hours of hard work, dedication and contribution by staff from the Office of First Legislative Counsel within the Department of Prime Minister & NEC.
The First Legislative Counsel Mrs Marleen Toliman Akop said it is indeed a memorable event to launch PNG’s first Legislative Drafting Manual. It was launched last week Friday (6/12/24) at the office of the Department of Prime Minister & NEC in Port Moresby.
Mrs Akop thanked the Commissioner of Revised Laws, Counsels, Lawyers and support staff of Office of First Legislative Counsel (OLC), who each committed to the noble cause of ensuring that our legislative drafting process is both effective and standardised.
“The launch is a significant milestone in our collective journey toward better governance and effective legislation. It marks not just the release of a Manual but the dawn of a new era in the way we approach the preparation of clear, understandable and workable laws.
“This manual is a culmination of countless hours of hard work, dedication, and contribution from the Commissioner, Counsels, Lawyers and support staff of OLC, each committed to the noble cause of ensuring that our legislative drafting process is both effective and standardised,’’ she said.
All the Commonwealth countries have been encouraged by the Commonwealth Association of Legislative Counsels to device their own Legislative Drafting Manuals, guidelines or handbook. All the other countries including the Pacific Island Countries own a Manual.
For Papua New, this is the first Legislative Drafting Manual, since the Office was established in 1972. The journey began in 2021 when Commissioner of Revised Laws Mr Johnny Bogombari initiated the writing of this Manual. It took the OLC nearly three years to put together this Legislative Drafting Manual.
The First Legislative Counsel Mrs Marleen Akop said Legislative drafting is no small task as it requires not just a profound understanding of legislative principles and techniques, but also an awareness of the societal context in which these laws will operate.
“Clear and precise legislative language can make the difference between law that empowers citizens and law that confounds them. Therefore, it is our duty to ensure that our legislation is crafted thoughtfully, concisely, and with the utmost clarity.
“The Legislative Drafting Manual serves multiple purposes. First and foremost, it is a resource—a toolkit for the legislative Counsels. Legislative drafting is a specialised skill one must learn, and it takes time and effort in order to be a competent drafter. This Manual is a starting point for the lifelong learning of legislative drafting for a drafter. It provides
structured guidance on how to draft laws that are clear, and adhere to the legislative drafting principles and techniques.
“It emphasizes not just what to say but how to say it— an invaluable asset in our ongoing efforts to engage with and serve our client departments who are the proponents of the various laws. Moreover, this manual embodies the work of our learned past drafters. It draws on the expertise and experience of past drafters, who set the foundation for best practices and whose shoulders we stand upon today.
“Their insights reflected in the laws they drafted back then illuminate the path toward drafting laws that are not only enforceable but also reflective of the will, intent and wisdom of successive Governments and Parliaments,’’ said Mrs Akop.
She added that this manual comes at a time when the need to uphold the rule of law and accountability in governance has never been more crucial. Mrs Akop said as our country celebrates our 50th independence anniversary, let us reflect on how far we have gone in the legislative or law-making process.
“Maintaining clarity, conciseness, understandable and workable laws, is the gist of this manual which I believe will stand the test of time and take us from 50 years and beyond. This manual is a guide to direct the path of the present and future drafters to maintain clarity, conciseness, standard and uniformity in law. As we embark on this journey of implementation and application of the legislative principles, techniques and house practice, let us remember that this manual is not an end in itself, but rather a starting point.
“We must continuously seek improvement, adapt to changing circumstances, and ensure that our drafting practices evolve in concert with the needs of our society. This means engaging in regular training sessions, workshops, and forums where we can share experiences, learn from each other, and refine our skills further.
“Today, as we launch this Legislative Drafting Manual, let us reaffirm our commitment to ensuring that the laws we draft must be clear enough for even the layman to understand at first glance. Let us work diligently to ensure that our laws not only comply with technical standards but also resonate with the voices of those they affect.
“Together, we can provide a confident, competent and competitive legislative drafting service to the Government and the people per our role: which is to translate Government Policies into legislation,’’ the First Legislative Counsel added.
She also expressed her deepest gratitude to Commissioner Revised Laws, Counsels, lawyers and hardworking staff of OLC who have contributed to this important project and encouraged them and the Department of Prime Minister &NEC to continue the good work in drafting clear and easy to read and understand laws.
“Let us now take this manual and put it to good use. Let us draft legislation that we can all be proud of— laws that reflect competence and commitment and ensuring to prepare laws that advance the rule of law and the development and aspirations for a brighter future for Papua New Guinea’’.