ABSTRACT

This chapter explains the special role of Parliamentary Counsel and the reason why a long apprenticeship is required to take on the role. Parliamentary Counsel are constantly developing and refining their skill, and acquiring new wisdom. However, the long period of preparation is also attributable to the necessity of acquiring the experience and wisdom on which a Parliamentary Counsel can draw when making the many subtle judgements that have to be made in the course of producing the legislative text itself. By contrast, a Parliamentary Counsel is not concerned with finding a line; it is the function of a Parliamentary Counsel to 'draw' the line, and effectively to draw it on a blank piece of paper. The Parliamentary Counsel does have the existing law and departmental instructions to guide their drafting. The author thinks clearly that drafting legislation, 'drawing the line', as opposed to just finding it, is a unique skill that requires long experience and accumulated authority.