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Departments of the Ministry
Home > Departments > First Parliamentary Counsel
 
 
 

Directorate of First Parliamentary Counsel (FPC)

The role of the Directorate is to draft all legislative instruments of the Government before they are debated and passed by Parliament.

The specific objectives of the Directorate are:-

• To accurately draft and publish in a timely manner, Bills, statutory instruments, regulations and rules of Parliament.
• To provide advice and guidance on the interpretation of existing or proposed laws.

Before instructions are given to the Directorate for the drafting of Bills or statutory instruments, the instructing Ministry or Department must either seek Cabinet approval authorizing the subject legislation or request through its Minister the authority of the Attorney General or Solicitor-General for the legislation to be drafted without prior reference to Cabinet. This approval will be given only in special circumstances.

When Cabinet approves the proposals for legislation, the instructing Ministry or Department forwards copies of the Minister’s Cabinet Memorandum and the Cabinet Minute to the FPC, together with any other relevant papers so that the FPC is given the clearest possible explanation of what it is intended to achieve by the legislation to be drafted. Some times officers of the Ministry or Department promoting the legislation may be called on to attend a number of conferences with FPC and are expected to seek out and provide all information that may be required for the purposes of drafting.

When drafts of the legislation are ready they are forwarded to the instructing Ministry or Department, which is expected not only to examine them critically but also to circulate them to persons, who in the opinion of the instructing Ministry or Department, should be given an opportunity to comment on them.

After legislation has been drafted by FPC and approved by the promoting Ministry or Department and the Law officers it is submitted to Cabinet accompanied by a Memorandum explaining the legal effect of its more important provisions.

After a Cabinet draft Act has received Cabinet approval, a copy of it in its final form, accompanied by a Memorandum signed by the Minister of the instructing Ministry or Department will be sent to the FPC. It will then be published. Instructions to the Government Printer to publish will be given only by the FPC when s/he has seen Cabinet’s Minute authorizing publication. The Government Printer takes instructions to publish a Bill or a Statutory Instrument only from the FPC.

The Directorate is headed by Ms. Harriet Lwabi. Click here for her profile

 
 
 
 
 
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