Introduction

1This circular sets out the requirements for the preparation of requests (“bids”) from Ministers for bills to be awarded places on the 2012 Legislation Programme.

2Information on the Legislation Programme, including the priority categories assigned to bills, can be found on the CabGuide website: http://www.cabguide.cabinetoffice.govt.nz/procedures/legislation#legislation-programme.

Invitation to submit proposals, deadline and format

3Ministers are asked to arrange for bids for the 2012 Legislation Programme to be delivered to the Legislation Coordinator in the Cabinet Office by 10.00am on Wednesday, 25 January 2012.

4The standard format for bids can be found on the CabGuide website: http://www.cabguide.cabinetoffice.govt.nz/procedures/legislation/bills-seeking-priority. Note that no CAB 100 or CAB 101 form is required.

5Each bid must be signed by the Minister, or in the case of multiple bids, attached under a covering letter signed by the Minister. Where a Minister is submitting more than one bid in a portfolio, the bids must be provided under a covering letter signed by the Minister that ranks all bids in that portfolio.

6Please provide two hard copies of each bid.  In addition, a Microsoft Word version of each bid must be emailed to the Legislation Coordinator using the address at the bottom of this circular.  The electronic version of a bid can be unsigned.

Process for developing the Legislation Programme

7Bids will be summarised and submitted in summary to the Cabinet Legislation Committee (LEG) for consideration and for the initial determination of priorities.  The draft Legislation Programme as agreed by LEG will be confirmed by Cabinet.

Items for which a bid is required

8A place on the annual Legislation Programme must be sought for the following:

• every bill that is currently before the House or a select committee;
• bills that are currently undergoing policy development work, or are being drafted, and have a place on the previous (2011) Legislation Programme; and
• policy proposals that may result in a bill in 2012 (including bills likely to be proposed in Law Commission reports).

9New bills can be added to the Legislation Programme during 2012. However, it is preferable that bills be included in the Legislation Programme at the beginning of the year to assist with the planning of House time and the allocation of drafting resources.

Statutes Amendment Bills

10In 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 2012 Legislation Programme.

11Departments 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.

Secondary legislation

12 Where bills proposed for inclusion in the 2012 Legislation Programme also require the drafting of associated regulations, the extent of this requirement is to be described in the bid.

Priorities, support arrangements and capacity

13Ministers are asked to approach their proposals for bills in light of the government’s overall priorities and support party arrangements.

14In making recommendations to their Ministers, departments should also consider their capacity to develop and advance bills against proposed timetables.  Past experience has been that departmental advice to Ministers on timetables commonly underestimates the time that is required for policy development, drafting and Cabinet’s approval.

Discharging existing bills

15The compilation of the Legislation Programme is also a timely opportunity for Ministers to consider whether they wish to have an existing bill discharged from the Order Paper. To do so, a Minister should propose a priority category ‘7’ in the relevant bid (meaning that the bill is ‘not to proceed’), and then submit a paper to LEG recommending that the bill be discharged.

Role of the Parliamentary Counsel Office

16It is the statutory role of the Parliamentary Counsel Office (the 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.

17The 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 817 9270), Frank Riley (phone 817 9356), or Mark Gobbi (817 9272).

18Ministers may ask the PCO to provide an assessment of the size of the drafting task associated with each proposed bill or substantive Supplementary Order Paper (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.

Preparing drafting instructions

19The 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 17 above). Departments are encouraged to take advantage of this opportunity, and to use the publication A Guide to Working with the Parliamentary Counsel Office (edition 3.3.2), which is available at http://www.pco.parliament.govt.nz/working-with-the-pco/.

20Departments are also referred to the material contained in the Legislation Advisory Committee Guidelines – Guidelines on Process and Content of Legislation, 2001 edition and amendments: http://www2.justice.govt.nz/lac/index.html.