Departments FPC
The Directorate Of First Parliamentary Counsel
Mission
To ensure the efficient and timely preparation of Bills and subsidiary legislation, resolutions of parliament and ordinances of district and municipal councils
1.Who we are
The directorate of FPC is an executive office under the Ministry of Justice and Constitutional affairs. The office consists of 22 lawyer and non-lawyer staff.
2.Structure and staffing
2.1 Structure
The directorate comprises three departments as follows;
· Department of principal legislation
· Department of subsidiary legislation
· Department of local governments legislation
2.2 Staffing/the drafters
There are 20 drafters, who all have legal qualifications: the FPC/director legislative drafting, two commissioners heading the three departments of Principal and Local governments’ legislation and 16 other lawyers.
2.3 Technical assistance staff
1 Legislative drafting consultant
3.What we do
The office of FPC performs the following functions-
3.1 Draft, Bills and parliamentary amendments of Bills for debate and passing into law by parliament
3.1.1 Prepare cabinet memoranda and information papers on legislation
3.1.2 Supply of Bills
When a Bill is ready for introduction, FPC authorizes and arranges for the printing copies in the quantities required by the parliament. (370)
Copies can be obtained by the public from the Government printer
3.1.3 Assent to Bills passed by Parliament
When parliament has passed a Bill, the Bill is presented to the president for Assent
Assent completes the enactment of the Bill
After assent a copy of the Act is sent to FPC
FPC then Authorises the publication of the Act in the Gazette
3.2 Drafting statutory instruments, including rules, regulations and bylaws.
3.3 Draft Resolutions of Parliament
3.4 Advise on the legislative process and other related legal matters
3.5 Interpret laws and proposed legislation
3.6 Authorise the printing and publication of all legislation.
For legislation (Bills, Acts, S.I’s, Legal Notices) to be effective, it must be published in the Uganda Gazette.
The Gazette is the official newspaper of the Republic of Uganda
All government legislation is printed and published by the Government Printer who currently, authority of law, is the Uganda Printing and Publishing Corporation, a statutory body established by the Uganda Printing and Publishing Corporation Act. Cap.330
4. Statutory functions
4.1 Under the constitution
Assist in the drafting of private members Bills.
This function is provided for by article 94(4) (d) of the constitution.
“(d) The office of the Attorney General shall afford the member moving the private member’s Bill professional assistance in the drafting of the Bill.”
4.2 Under the Local governments Act, Cap 243
Verify ordinances made by District councils and byelaws made by Municipal Councils.
Sections 38 and 39 of the LGA confer legislative powers on district councils and lower local councils. Lower local councils include urban, Sub county, Division and village councils which require that –
A local Bill for an Ordinance passed by district council or a byelaw passed by a municipal council shall be forwarded to the Attorney general through the Minister (of Local Government) to certify that the local Bill or byelaw is not inconsistent with the constitution or any other law enacted by parliament before the chairperson signs the law.
Currently, there are 80 districts and 13 Municipal councils to which the directorate of FPC is required to provide this service.
How we do our job
The procedure for promoting new or amending existing legislation is laid down by cabinet and is set out in chapter 1Y-b of the Uganda Government Standing Orders.
After all the necessary approvals and authoriastion have been obtained, instructions are given to FPC to draft the legislation (Bill or Statutory Instrument).
The drafters work in teams consisting of one senior drafter (Commissioner or Principle State Attorney Counsel) and one or more Senior State Attorneys/State Attorneys.
Statutory instruments are submitted to the relevant Minister or other person authorized to make the instrument for signature before publication in the Gazette.
FPC’s job is to ensure that, at the end of the process, the Bill or statutory instrument has well-articulated desired outcomes.
Performing these functions also involves FPC in the overall management of the Government’s legislative program.
Who are our clients?
Our clients are the ministries, government departments, and agencies whose ministers are sponsoring particular legislation and, in particular, the staff of those offices who are responsible for dealing with FPC on the drafting of the legislation. In FPC, these staff are known as instructing officers.
Contact information
Office premises: Office of the First Parliamentary Counsel
Ministry of Justice and Constitutional Affairs
1 Parliament Avenue
2nd Floor: Rooms 2.6 to 2.13
Postal Address: P.O.Box 7183, Kampala
Home page: www.justice.go.ug
Telephone: +256 414 234646