86
PART 4
RELATED DUTIES OF PARLIAMENTARY COUNSEL
"Style is a thinking out into language."1
A.
STATUTE LAW REVISION
According
to
the
Model
Job
Description
of
the
Chief Parliamentary Counsel,2 law revision constitutes
part of the duties.
Within
Revision
the
Drafting
component
Section,
consisting
of
there
the
is
posts
a
Law
of
Law
Revision Officer and Principal Assistant Law Revision
Officer. The post of Law Revision Officer requires an
Attorney-at-Law
revision.3
with
four
years
experience
in
law
This is the only law revision post occupied
and by an individual who has held law revision posts
for the past 17 years, but is not an Attorney-at-Law.
Over
manually.
updated
the
years
"law
revision"
has
been
done
The relevant pages of legislation have been
and
pasted
on
to
"broad
sheets".
However,
1Weihofen,
2Issued
op. cit, p. 135.
by Office of the President, Public Service Management dated
3/3/92.
3See
Job Description of Law Revision Officer
Dhurjon,Chief Parliamentary Counsel dated 03/92.
prepared
by
Cecil
87
since 1977 these laws have not been published because
of prohibitive printing costs.4
According to the 1972 Law Revision Act,5 the Law
Revision Commission consists of the Attorney-General as
Chairman, the Chief Parliamentary Counsel and not more
than three other members.
The powers of the Commission6 include the power to
omit
all
repealed,
spent
or
expired
laws;
to
consolidate laws in pari materia; to alter the order
and
to
renumber
provisions;
to
alter
the
form
of
arrangement of the provisions of a law; to transfer
provisions
simplify
from
the
one
Act
to
"phraseology";
another;
to
to
correct
shorten
and
grammatical,
typographical and printing errors; to add, delete and
alter definitions of terms and expressions; to correct
cross references; to make formal alterations to names,
and to do whatever is necessary in relation to form and
method "which may be necessary for the perfecting of
the Laws of Guyana."
4
5
6
Guyana Chronicle, July 8, 1997.
Cap. 2:02, s. 3.
This Act contains the names of the first
members of the Commission and many other provisions applicable to
the first revision done in 1973.
It is desirable to enact an
entirely new Act and not just a "small amendment" to the 1972 Act
and refer to the "first revision under this Act."
Ibid., s. 11.
88
There
is
no
power
substance of the law.7
to
make
alterations
to
the
However, Mr. F.O.C. Harris8 who
revised the current 1973 edition of the Laws of Guyana
notes that "apart from mere adaptation, a substantial
degree of amendment of the laws is inevitable in any
developing country...9 which has undergone considerable
constitutional change since its last law revision."
Ilbert,10 in 1914, spoke of adaptations to modern
conditions
and
said
"apart
from
considerations
of
language, every statute is framed with reference to,
and presupposed the existence of the law, the judicial
and
administrative
institutions,
and
the
social
in
private
conditions of its time."
In
1994,
a
local
attorney-at-law
practice was appointed for a period of about six months
to
"revise"
computerise
7
8
9
10
11
the
commercial
them.
These
laws
of
revised
Guyana11
laws
and
will
to
be
Ibid., s. 12.
"Law Revision : Meaning and Purpose of Revision".
Trinidad :
Government Printery, July 1973, p. 1.
Referring to Trinidad and Tobago. This comment is applicable to
Guyana.
Op. cit., fn. 65, p. 38.
There are about 32 commercial laws. Funding of this project was
done by the Inter-American Development Bank.
89
incorporated
into
the
general
revision.
It
is
unfortunate that printed copies of these laws are not
available to the citizens.
In December 1996 a Canadian, Mr. Weinberg who is
located in and will work from Barbados was appointed to
do a complete set of revised laws of all the Principal
Acts of Guyana.
In April 1997 Dr. Liverpool who is
located in and will work from Dominica was appointed to
update the subsidiary legislation12.
The main goal of the present law revision project
is to computerise and also to consolidate the laws of
Guyana.13 In the words of the Attorney-General,14 the
goal is "to get a clear cut set of laws brought up to
date shorn of all dead wood."
Thus, it is expected that the present Law Revision
project
will
correct
"incorrect
references
to
other
Statutes, references to Statutes that no longer exist
12
13
14
Both appointments which are funded by the Guyana Justice
Improvement Project are up to September 1998.
Mr. Weinberg has indicated that the September 1998 completion
date is not a realistic one and he is likely to need an extension
of time.
He is assisted in his work by a Desktop Publisher
Assistant.
According to Mr. Weinberg in an interview in Barbados on the 14th
August 1997 with the writer of this Paper.
Mr. B. DeSantos in an interview in Guyana on the 4th July, 1997
with the writer of this Paper.
90
and incorrect numbering of Statutes or provision of
Statutes
that,
either
have
been
spent
or
should
be
repealed", make appropriate changes to the definition
sections,
reconcile
inconsistencies
as
well
as
modernise the style of language to bring it in line
with current usage.
Upon the completion of the law revision project,
the printed material will be of great assistance to
Parliamentary Counsel and of even greater assistance if
they can access and retrieve the data from the computer
disks.
But until the revised laws are published and
made available to the public, the citizens whom the
laws
affect
and
are
expected
to
obey
will
have
to
continue to unravel the legislative jig-saw of various
bits
of
legislation
and
piece
understand what the law is.
them
together
to
It is hoped that the
revised laws will be available to the citizens at the
beginning of the new millennium.
The employment of foreigners to do law revision
raises
the
Section.
question
of
capability
of
the
Drafting
In addition, is it not less costly and more
expedient to revise the laws of Guyana in Guyana?
if
not
by
the
Drafting
Section
at
least
in
And
direct
91
association with the Drafting Section, especially since
the
Attorney-General
and
the
Chief
Parliamentary
Counsel are members of the Commission?
What
is
needed
is
emphasis
to
be
placed
on
acquiring a permanent and efficient law revision body
and
giving
it
due
recognition.
Perhaps
if
the
foreigners were working in Guyana, it might be possible
to incorporate a training component in their job.
lack
of
skill
or
training
or
incompetence
are
If
the
reasons for employing foreigners to do law revision,
then the solution is to take steps to alleviate this
problem.
many
The payment of adequate salaries will lead to
competent
and
qualified
individuals
seeking
employment in the Attorney-General's Chambers.
B.
CONSOLIDATION
Among the powers of the Law Revision Commission
are "to consolidate into one written law any two or
more written laws in pari materia."
Consolidation takes the texts of various Acts of
Parliament and without altering the essential wording,
combines the various Acts into a coherent whole.15
15Bennion,
op. cit., fn. 13, p. 76.
A
92
more detailed description states that
"The work of consolidation requires intimate acquaintance
with past as well as with existing laws and institutions;
involves the rewriting, and not merely the placing together,
of laws; the substitution of modern for antiquated language
and machinery, the harmonizing of inconsistent enactments,
and yet the performance of this work in such a way as to
effect the minimum of change in expressions which have been
made the subject of judicial decisions and on which a long
course of practice has been based."16
Like
law
revision,
consolidation
allows
for
certainty in the law and easy access to a particular
subject matter on which there would have been numerous
amendments to the law at different times.
Efficient
law revision reduces the need for consolidation to some
extent.
In Guyana there are more than 20 Acts relating to
children.
opportunity
with
The current law revision project is an ideal
to
children
consolidate
from
some
the
of
provisions
these
Acts
that
and
deal
make
a
compendium of the others which are not consolidated.
An attempt to consolidate and produce a compendium
of the laws relating to children would highlight the
fundamental
weaknesses,
absurdities,
inconsistencies in the law.
16Ilbert,
op. cit., fn. 65, p. 39.
obscurities
and
This would be a first step
93
towards locating the children laws and putting them
into
proper
perspective
and
style.
This
prerequisite towards general law reform.
is
a
This could
only lead to the protection of children, not to mention
the additional benefit of giving legal effect to the
Constitution and to the International Conventions on
the Rights of the Child and similar agreements of which
Guyana is a signatory.
Similarly, having regard to the recent report that
recommends law reform to the laws relating to the use
of
land
which
legislative
[and]
for
consolidate
"redundancy
actions,
duplication,
sensible
show
the
the
...
lack
many
of
current
laws
and
conflicts
areas
clarity,"17
law
relating
revision
to
land
of
it
among
overlap,
would
be
project
to
and
make
a
compendium of the other laws which are not consolidated
before one can embark on actual law reform.
C.
CODIFICATION
Codification is the process of analysing the existing
law which includes the common law and statute law on a
particular subject matter and compiling in a single Act
to be used as prima facie evidence of the existing law.
17
Bishop, supra, fn. 240, pp. 70 and 80.
94
Codification which has been described as a style
protects the legal system from alien doctrines.18
It
can rejuvenate a legal system by reducing mass to order
and precision.
It creates certainty.
Codification
need not affect the development of the common law.
Like
object
law
of
revision
and
codification
is
consolidation,
the
main
to
law
more
make
the
accessible to the public and to the legal profession.
Codification also improves the law in general.
In
Guyana,
there
are
Codification may be piecemeal.
no
Codification
Acts.19
Consideration could be
given to creating a Criminal Code or even a Family
Code.
Codification facilitates law reform.
D.
LAW REFORM
Law reform is also listed as part of the duties of
the Chief Parliamentary Counsel of Guyana.
18
19
Crabbe, op. cit., fn. 11, p. 192.
Codification is done in France, Germany, Switzerland and Sweden.
The entire law of Sweden is contained in one book of about 2700
pages called the Brown Book. It contains the Swedish Code, all
additional statutes and the more important regulations.
95
The need for change and progress is the basis of
law reform.
of
the
Law reform involves a competent knowledge
existing
system
into
which
new
laws
are
introduced, and the subject matter and of course the
drafting of the laws in proper style.
Law reform may
be judicial, by the legislature and executive bodies
with the power of making delegated legislation.
Several areas of the law, including children laws,
land law, divorce law, landlord and tenant law and the
rules of Court scream out for law reform.
This need
should be addressed urgently.
In
basis.
Guyana,
law
reform
is
done
on
a
piecemeal
For example, a Natural Resources Management
Project is expected to examine and make proposals for
natural resources legislative reform by the year 2000.20
A consultant did a study and submitted a report to
the Government on land use in Guyana.
The terms of
reference included a review of the current legislation
that pertains to land.21
20
21
According to D. Persaud, Director (Delegate) of the NRMP on the
8th July 1997.
Andrew Bishop, Baseline Document on Land Use in Guyana, June
1996, see preface.
96
A Family Maintenance and Related Matters Committee
established to examine legislation relating to family
matters
and
to
make
recommendations
including
the
development of a Family Code submitted its report in
July 1996.
Guyana needs a body other than the Courts, the
legislature or the executive to keep the law as a whole
under
review
and
to
make
recommendations
for
its
systematic reform, that is, an effective Law Reform
Commission.
In establishing such a body, consideration
must be given to appointing full time and independent
members including a judge, lawyers and academics.
A
Parliamentary Counsel who need not be a member of the
Commission could be on the staff of the Commission to
draft
legislation
submitted.
based
on
the
There should be power to appoint experts in
a particular field where necessary.
also
be
recommendations
made
for
support
staff,
Provision should
finances
and
the
for
law
submission of reports to Parliament.
As
Guyana
reform.
Since
substantive
inevitably
and
lead
develops,
law
there
reform
amending
to
the
is
includes
a
need
the
legislation,
need
for
law
drafting
of
this
will
revision
and
97
consolidation.
Codification could also be useful in
some areas of the law.
The success of law reform, law
revision, consolidation and codification depends to a
great extent on style which according to the epigraph
"is a thinking out into language."
For, "where the
draftsman has drafted poor legislation for a number of
years
using
outmoded
styles
and
methods
of
poor
draftsmanship, he becomes a poor draftsman with many
years of bad experience."22
22
Dayton
Michael
Cramer
taken
Professionalizing
Legislative
Association, 1973, p. 62.
from
Reed
Drafting.
Dickerson,
American
ed.
Bar