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Office of the Attorney General.

Dáil Éireann Debate, Tuesday - 28 November 2006

Tuesday, 28 November 2006

Ceisteanna (136, 137, 138, 139, 140)

Bernard Allen

Ceist:

165 Mr. Allen asked the Taoiseach if his attention has been drawn to the position arising from the 2006 Assistant Parliamentary Council Competition Grade 2 where only three Irish lawyers out of 40 were declared qualified despite the fact that they were sanctioned for the filling of six vacancies. [39908/06]

Amharc ar fhreagra

Bernard Allen

Ceist:

166 Mr. Allen asked the Taoiseach the statutes since 2003 which have been drafted by foreign contract drafters. [39909/06]

Amharc ar fhreagra

Bernard Allen

Ceist:

167 Mr. Allen asked the Taoiseach if his attention has been drawn to staffing issues in the drafting section of the Attorney General’s Office due to the presence of a high number of foreign contract drafters and, as a result of these temporary appointments, Irish drafters are not receiving the drafting experience and the opportunity to involve themselves in the important preparation of Bills. [39910/06]

Amharc ar fhreagra

Bernard Allen

Ceist:

168 Mr. Allen asked the Taoiseach if his attention has been drawn to the lack of promotional opportunities for entry level drafters in the Attorney General’s Office and that there has been only one promotional examination since 2001. [39911/06]

Amharc ar fhreagra

Bernard Allen

Ceist:

169 Mr. Allen asked the Taoiseach his views on the fact that Ireland is the only country where foreign contract drafters prepare the national legislation of the country. [39912/06]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 165 to 169, inclusive, together.

I refer the Deputy to my replies to Written Questions No. 132 to 136 from Deputy Rabbitte on 5 July 2006, Written Question No. 221 from Deputy Gormley on 27 September and Written Questions Nos. 177 and 178 from Deputy Sargent on 14 November. It is not the practice of the Office to identify the drafters of individual Acts of the Oireachtas. Many drafting projects are undertaken by more than one drafter.

Permanent members of staff in the Office are assigned drafting projects commensurate with their experience. Taking account of the demands of the Government Legislation Programme and the requirement to draft complex Bills urgently, every effort is made to assign a variety of drafting projects to all drafters. There was a promotion to Assistant Parliamentary Counsel I in September 2003. The position about further promotions is regularly reviewed. Promotions are based on merit as is the case across the civil service. Potential candidates have to meet the required standards to be promoted. The practice of engaging drafters on contract began in the early 1980s. All Contract Drafters engaged by the Office have significant drafting experience in common-law jurisdictions similar to our own. In the past, all have previously held senior drafting positions including former heads of office of the UK Office of Parliamentary Counsel, the Canadian Federal Drafting Office and the Office of the Scottish Parliamentary Counsel. The use of these drafters enables the Office to meet the demands of the Government's Legislation Programme while ensuring that the newer drafters receive extensive training. Newer drafters work with more senior colleagues, including contract staff, and thus receive in-depth and wide ranging experience. Indeed, without the assistance of the contract staff the more experienced permanent drafters would find it impossible to train newer staff without having to decrease their involvement in the preparation of legislation.

In engaging contract drafters, the Office has, in accordance with agreed procedures, informed the relevant Union which represents permanent drafters of its intentions to do so in each case. I should emphasise that the engagement of contract drafters does not impact on the experience opportunities available to permanent drafters to gain appropriate drafting experience.

In many common law jurisdictions, there are non-indigenous drafters preparing legislation. Indeed, the head of the drafting office in the State of Victoria in Australia is a native of Northern Ireland who commenced his drafting career in the Office of the Legislative Counsel in Belfast. Also, some of the permanent members of staff of the OPC have worked in other jurisdictions such as Hong Kong, Gibraltar and the Channel Islands.

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