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5 November 2007
2008 Legislation Programme: Requirements for Submitting Bids
1. This circular sets out the requirements for the preparation of requests ("bids") from Ministers for bills to be awarded places in the year 2008 Legislation Programme.
2. Ministers are asked to forward proposals for items to be included in the 2008 Legislation Programme to the Cabinet Office, to arrive by 10.00am on Friday, 25 January 2008.
3. Please provide two copies of each bid, signed by the Minister. Where a Minister is submitting more than one bid in a portfolio, please provide two copies of each bid under a signed covering letter that ranks all bids in that portfolio. No CAB 100 or CAB 101 form is required. Bids are to be hand delivered to the Cabinet Office reception, Level 10, Executive Wing, Parliament Buildings, marked for the attention of the Legislation Coordinator.
4. The standard format for papers seeking priority for a bill can be found in the procedures on legislation in the CabGuide.
5. Bids will be summarised and submitted in summary to the Cabinet Legislation Committee (LEG) for consideration and for the initial determination of drafting priorities. The draft Legislation Programme as agreed by LEG will be forwarded to Cabinet for confirmation.
6. A place on the annual legislation programme must be sought for the following matters:
a. the drafting of new bills (including bills likely to be proposed in Law Commission recommendations);
b. the continuing drafting work on bills in the current (2007) Legislation Programme which have yet to be introduced, and which Ministers wish to be progressed over the next year;
c. the future progress of all government bills that are drafted or already before the House or select committees, including the drafting of a substantive Supplementary Order Paper (SOP) to amend or add to a bill.
7. In recent years, Statutes Amendment Bills have been introduced almost annually to promote minor, technical, non-urgent, and uncontroversial amendments to a collection of Acts. It is likely that a new Statutes Amendment Bill will be included in the 2008 Legislation Programme. Departments should refer to the contents of Cabinet Office Circular CO (07) 1 for information about the processes that applied to the Statutes Amendment Bill (No 2), which was introduced in September 2007.
8. Departments preparing bids for minor amending bills should include at least a preliminary assessment of whether these bills might qualify for inclusion in a future Statutes Amendment Bill. Where it is important or essential to pass a minor amending bill by a particular date, state this clearly, so that a decision can be made as to whether the item is appropriate, on timing grounds, to proceed in a Statutes Amendment Bill.
9. Ministers are asked to approach their proposals for bills in light of the government's overall priorities and support and co-operation party arrangements. Practical guidance on the arrangements, including with regard to legislation, is set out in Coalition, Confidence and Supply and Support and Cooperation Agreements – Administrative Arrangements [Cabinet Office Circular CO (06) 4].
10. In making recommendations to their Ministers, departments should also consider their capacity to develop and advance bills against nominated timetables in light of past experience.
11. It is the statutory role of the Parliamentary Counsel Office (PCO) to draft the bills approved for introduction in the government's Legislation Programme. The Inland Revenue Department is specifically authorised to draft certain revenue legislation. With that exception, departments should prepare material for possible inclusion in their Ministers' bids on the basis that drafting will be undertaken by, or under the control of, the PCO.
12. The PCO is available for general consultation to assist departments to prepare bids. In particular, the PCO can provide advice to departments to assist in identifying the size and complexity of a particular bill and the proposed timeframe for its introduction and passage. Departments should contact the PCO team leader responsible for their legislation: Julie Melville (phone 471 9270), Bill Moore (phone 471 9109), Frank Riley (phone 471 9356), or Ian Jamieson (471 9293).
13. Ministers may ask the PCO to provide an assessment of the size of the drafting task associated with each proposed bill or substantive SOP, to help to size the programme realistically in relation to drafting resources and House time. Unclear definition of the scope and content of a bill or SOP can contribute to the overestimation of the drafting task. This could reduce the chances of the bill gaining a place on the programme.
14. The best bills result from proper collaboration between the instructing department and the drafter. In particular, good drafting instructions are essential to ensure the timely and efficient drafting of legislation. The PCO can advise on the preparation of drafting instructions (contacts are set out in paragraph 12 above). Departments are encouraged to take advantage of this opportunity, and to use the publication A Guide to Working with the Parliamentary Counsel Office (November 2005), which is also available from Gillian McIlraith, Communications Adviser, in the PCO (phone 470 6707).
15. Departments are also referred to the material contained in the Legislation Advisory Committee Guidelines - Guidelines on Process and Content of Legislation, 2001 edition and amendments.
16. The Legislation Design Committee (LDC) is a committee established by ministers in June 2006 to provide high-level pre-introduction advice on the framework and design of legislation, with the goal of ensuring that policy objectives are achieved and the quality of legislation is improved. Ministers and departments are encouraged to seek advice and assistance from the LDC at an early stage on projects that are significant in terms of their scope, involve complicated legislative design issues, require an innovative approach, or are likely to raise issues about the overall coherence of the statute book. The LDC advises on the appropriateness of the legislative vehicle from a legal and constitutional perspective, and on any implementation issues. The LDC is available to provide informal advice or to discuss issues with officials. The LDC is chaired by Sir Geoffrey Palmer, with research and advisory support provided by the Law Commission (phone 473 3453).
17. Where bills proposed for inclusion in the 2008 Legislation Programme also require the drafting of associated regulations, the extent of this requirement is to be described in the bid. Further details of the information to be provided are contained in the standard format for papers seeking priority for a bill in the CabGuide.
Diane Morcom
Secretary of the Cabinet