Legislative drafting: a fictional example
This fictional example is designed to give an insight into what the job of a legislative drafter looks like in practice.
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People sometimes assume that a legislative drafterās jobĀ isĀ simply to turn government policy into legal language.Ā Ā FindingĀ theĀ rightĀ wordsĀ isĀ important, but a bigger partĀ ofĀ theĀ jobĀ isĀ subjectingĀ theĀ policyĀ as communicatedĀ to us to a rigorous analysis, and working with departments to ensure thatĀ theĀ provisions we develop achieve their policy aims in a coherent and effective way.Ā Ā TheĀ drafting process often throws up problems or policy questions that might not have been thought about before, and part of our jobĀ isĀ to spot these and work through them with departments.
This fictional example shows howĀ theĀ start ofĀ theĀ drafting process might work in practice.Ā It contains a short set of instructions andĀ theĀ drafterās first attempt at producing a clause.Ā Also shownĀ isĀ theĀ drafterās covering note toĀ theĀ department, which includes a number of questions as well as commentary on whyĀ theĀ drafter has madeĀ theĀ choices they have.Ā DraftingĀ isĀ an iterative process, so in practice there would be one or two further exchanges (at least) beforeĀ theĀ clauseĀ isĀ settled.