Newsletter
			of the		
Commonwealth Association of Legislative Counsel
November 2012 
Published in Canberra, Australia, by the Commonwealth Association of Legislative Counsel. Online at www.opc.gov.au/calc/newsletters.htm
Editor: Fiona Leonard, c/- Parliamentary Counsel Office, Level 12 Reserve Bank Building, No 2 The Terrace, Wellington, New Zealand.

In this issue―

President’s report November 2012
C5 Forum: Anti-Corruption, West Africa Edition
10th Congress of the International Association of Legislation: Regulatory Reforms in Russia—Implementation and Compliance
Pacific Legislative Drafters' Technical Forum
People
Invitation: International Law Reform Conference, Cape Town
Membership
Secretary contact details
President’s report November 2012
CALC Conference 2013
A lot of effort has been going into the organisation of the CALC Conference which will be held in Cape Town, South Africa, from 10 April to 12 April 2013.
The theme of the conference is Thirty Years of the Winds of Change in Legislative Drafting: CALC 1983–2013. The reference to the winds of change is a reference to British Prime Minister Neville Chamberlain’s speech about the winds of change blowing across Africa.
CALC will celebrate its 30th birthday in 2013. Its next bi-annual conference in Cape Town will be a fitting occasion to look back on what CALC and its members have accomplished over this time and the developments that have taken place in legislative drafting. It will also be an opportunity to look forward to what the future holds. The winds of change have surely left their mark and will continue to blow for years to come.
The conference will commence with registration at midday on Wednesday 10 April and conclude with a dinner on Friday 12 April.
The conference is open to all CALC members and will also include a General Meeting of CALC and the election of the CALC Council.
The conference sessions will look at the evolution of drafting technique and the influence of the Plain Language Movement over the past 30 years with a view to considering its continuing development 

into the future. Other dimensions of legislative drafting to be explored include: 
•	Impact of Development Assistance on Legislative Drafting
•	How Information Technology has Changed Legislative Drafting
•	Development of Legislative Drafting Skills
•	Legislative Sovereignty and the Globalisation of Law
•	Government Context for Legislative Drafting.
The conference will conclude with a Master Class session featuring some of CALC’s most gifted legislative counsel.
An outstanding array of speakers from across the Commonwealth has agreed to present papers at the Conference.
I hope that many members will be able to attend.
Details about the conference, including the draft program, and the registration form are available on the CALC website at http://www.opc.gov.au/calc/conferences.htm.
Work with the Commonwealth Secretariat
We have continued our work with the Commonwealth Secretariat. This has included being involved in the relaunch of the Commonwealth Foundation. I would like to thank CALC Council member Edward Stell who has been attending these meetings in London on our behalf.
An exciting project that the Commonwealth has commenced is the Working Group on the Development of a Legislative Drafting Software for small jurisdictions.
CALC was involved in lobbying for this to come about and a number of CALC members were involved in preparing submissions supporting it.
The working group has been formed to oversee the project. The terms of reference specifically provide for CALC to be represented on the working group. This is important recognition of CALC’s role in relation to legislative drafting offices.
CALC will be represented on the working group by me, Ed Hicks and Therese Perera. Ed Hicks from Canada has a long involvement in IT for drafting offices and was involved with the preparation of material for the Commonwealth that led to the establishment of the committee. Therese is from a smaller jurisdiction (Sri Lanka) and will be able to bring that perspective to the discussion.
It is hoped that we will be able to report progress by the time of the CALC Conference.
Loopholes and Newsletters
We are continuing to produce the Loopholes and CALC Newsletters.
I would like to acknowledge the work of Council Member John Mark Keyes from Canada for his role as Editor in Chief of the Loophole.
I would also like to acknowledge the work of CALC Secretary Fiona Leonard from NZ for her work with the Newsletters. I know that she would very much appreciate contributions from CALC members.
Missing members
We get quite a few bouncing emails when we send emails to members. If you change your address, please tell us.
Similarly, if you know other CALC members you could check that they are getting the CALC emails and, if not, suggest that they contact us at calc@opc.gov.au.
Peter Quiggin
CALC President

C5 Forum: Anti-Corruption, West Africa Edition
19–20 June 2012, Accra, Ghana
I was invited by the C5 Forum to take part in a conference entitled "Anti-Corruption, West Africa Edition" in Accra from the 19th-20th June 2012 at the Movenpick Hotel.
The C5 Group works closely with sponsors to create the perfect business development solution catered exclusively to the needs of any practice group, businessline or corporation. It provides business information in a global context.
The sub-theme of the conference was "Tailoring Effective Anti-Corruption Compliance Strategies when Operating in a High Risk Developing Region".
There were two keynote speakers, one the British High Commissioner to Ghana, Mr Peter Jones, whose topic was "Guidance for British Companies on the Application of the UK Bribery Act". The other keynote speaker  was Mr Smile Kwawukume, Senior Public Sector Specialist of the World Bank, whose topic was "How the Development Banks are Cracking Down on Corruption in the Procurement Process: Ten Steps to Avoid Sanctions or Disbarment when Working on Development Bank Projects". 
I was asked to make a presentation on "West African Legislative and Community Initiatives and Enforcement Priorities for Anti-Corruption and Bribery: What Progress is Being Made to Crack Down on Corruption and Bribery". My topic was "Legislating Anti-corruption Initiatives the Ghana Perspective".
The object of the conference was to:
•	Install a culture of compliance awareness and proactive prevention
•	Accurately identify who is and is not a "government official" by monitoring third party activities and relationships
•	Prepare companies for the enforcement of the new UK Bribery Act and the impact of its broad jurisdictional reach of operation in the West African region
•	Establish and maintain business partnerships and work within local content requirements while minimising corruption risks
•	Manage cultural expectations for gifts and hospitality—knowing when a gift or payment is acceptable
•	Undertake successful due diligence in hostile environments where public records are scarce or unreliable.
The participants were:
•	Regional general counsel
•	International counsel
•	Trade counsel
•	Ethics and compliance officers
•	International contract managers
•	Private practice lawyers specialising in international trade, corporate compliance and governance, white-collar crime, investigations, international commercial transactions and joint ventures
•	Accounting and consultancy firms.
Estelle Appiah
Legislative Counsel (EALC), Accra, Ghana

10th Congress of the International Association of Legislation: Regulatory Reforms in Russia—Implementation and Compliance
28–29 June 2012, Veliky Novgorod, Russia
The IAL was formerly the European Association of Legislation (founded in 1991) but became “International” in 2008.  It has over 170 active members in academia and practice.
The majority of the papers at the Congress were given by professors or other academic contributors with keynote speeches from practitioners and Russian state and federal-level politicians, including Garry Minkh the Presidential Envoy to the Russian State Duma.  My plenary paper covered CALC, a summary of implementation and compliance issues arising from a number of comparative (International, European, UK and New Zealand) legislative proposals and adopted legislation that I have worked on and finally a summary of regulatory reforms currently being implemented here in the UK and in New Zealand. On the second day, panels examined reform of legal regulation in relation to social legislation, online government, economics and legislative procedcures. Details of the programme of the Congress can be found on the IAL website (www.ial-online.org) and the papers and associated power-point presentations will be published in due course.
There was a significant delegation from South Korea (both academics and public servants) since their next Congress is planned to be in Seoul in 2014.  The IAL has made contact with an Asian-wide legislation society which has a very substantial membership of practitioners across a number of (non-Commonwealth) countries on that continent and so they are keen to develop links with their Asian membership.
The chairman of the association was Prof Dr Luzius Mader, Head of the Public Law Division – Legislative Projects and Methodology Unit in the Swiss Federal Department of Justice and Police but after 6 years in the chair he stepped down at the formal meeting of the association and has been replaced by Professor Wim Voermans from Leiden University, a specialist in Dutch and European legislative studies and legisprudence.
The IAL is governed by a board and there is an advisory council which provides advice to the board. 
The IAL is keen to have greater involvement with CALC where possible. There are already some overlapping memberships. It may be possible to run a joint workshop at the forthcoming Cape Town CALC conference for African drafters, for example, with members of the IAL as a link between the common law tradition of commonwealth African nations and the civil law traditions of other African countries.   
David Noble
Chief Parliamentary Counsel, New Zealand

Pacific Legislative Drafters' Technical Forum
23–25 July 2012, Suva, Fiji
The third meeting of the Drafters’ Forum, hosted by the Pacific Islands Forum Secretariat, was attended by parliamentary counsel, senior legislative drafters, and senior government lawyers from Forum Island Country Members—the Cook Islands, Federated States of Micronesia, Kiribati, Palau, Papua New Guinea, Nauru, Niue, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu Vanuatu, Australia, New Zealand—along with national, regional and international organisations providing drafting assistance or involved in law reform in the region.
In opening the Drafters’ Forum, the Secretary General of the Pacific Islands Forum Secretariat, Mr Tuiloma Neroni Slade, emphasised that the work of legislative drafters is critical in the maintenance of the rule of law, and in enabling governments to develop the legislation necessary to give legal effect to national policies as well as commitments under regional and international treaties. The Secretary General further emphasised the importance of Forum Island countries having access to high quality legislative drafting services, and highlighted the need for regional cooperation.
Parliamentary counsel and government lawyers of Forum Island countries shared their respective countries’ approaches to, and experiences of, providing legislative drafting services to their governments. The discussions indicated that some jurisdictions had in recent years significantly enhanced the resources and processes for legislative drafting and publication of laws. For other jurisdictions, the allocation of dedicated resources for legislative drafting remains a challenge due to financial and human resources constraints. Participants highlighted the importance of governments allocating sufficient resources to support effective legislative drafting services.
Participants also considered the various forms of assistance that were available from national, regional and international organisations in relation to legislative drafting and law reform. They expressed their particular support for the assistance for legislative drafting provided by the Attorney-General’s Department and Office of Parliamentary Counsel of Australia, and the New Zealand Parliamentary Counsel Office. Participants also discussed ways of better managing the provision of donor funded legislative drafting assistance to promote quality control, noting that insufficient appreciation of the role of, and required qualifications for, legislative drafters often resulted in the provision of unsuitable legislative products.
An action plan was developed to further the goal that Forum Island countries have ready access to high quality legislative drafting services. The plan includes proposals to:

•	review legislative drafting courses provided in the region
•	share between jurisdictions legislative drafting resources, such as drafting manuals
•	develop strategies to improve the standard of policy advice and drafting instructions
•	recommend improved terms and conditions of employment for legislative drafters
•	pursue advanced and specialised legislative drafting training
•	develop processes for the management and quality control of legislation drafted by consultants
•	improve administrative support for legislative drafting and publication of laws.
For more information about the Drafters’ Forum and other Pacific Islands Forum Secretariat meetings, visit www.forumsec.org.

People
Honoured: Eamonn Moran
Eamonn Moran was awarded the Silver Bauhinia Star (SBS) as announced in the 2012 Establishment Day Honours List for Hong Kong.
The Silver Bauhinia Star (Chinese: 銀紫荊星章, SBS) is the second rank in the Order of the Bauhinia Star in Hong Kong, awarded to people who have taken a leading part in public affairs or voluntary work over a long period. The award was created in 1997 to replace the British honours system (such as Order of the British Empire) after the transfer of sovereignty to the People's Republic of China and the establishment of the Hong Kong Special Administrative Region.

Invitation: International Law Reform Conference, Cape Town

Membership
New CALC members
The following have been recorded as members of CALC since the publication of the last CALC Newsletter in May 2012.
Name	Country	
Adeyamo, Ade	Nigeria	
Adhikarie, Zuraya                  	South Africa                     	
Apinelu, Eselealofa	Tuvalu	
Bednar-Giyose, Jeannine	South Africa	
Bell, Thomas William	New Zealand	
Bentley, Shannon	Canada	
Burke, E. Scott 	Canada	
Carolus, Rosabel Ellen	Seychelles	
Crowe, Richard Mark	United Kingdom	
Davies, Manon                      	United Kingdom                   	
Faasau, Nola	Samoa	
Galal, Nassir                      	South Africa                     	
Garlipp, Linda	South Africa	
Gomez-Bruzon, Joyleen              	Gibraltar                        	
Hall, Bardine	South Africa	
Isaac, Sueanne Samantha	South Africa	
Jolly, Cuthburt	Trinidad and Tobago	
Joshi, Vihar	Canada	
Kang'ong'a, Josephine              	Kenya                            	
Kassan, Daksha	South Africa	
Knight, Philip 	Canada	
Lanre-Iyanda, Olusegun	Nigeria 	
Lim, Su Ching	Singapore	
Loots, Barbara                     	South Africa 	
Madoc-Jones, David Huw	United Kingdom	
Magzoub, Tarig Mubarak Mohamed	Sudan	
Mahlale, Nomsa	South Africa	
Makabeni, Sisa 	South Africa	
Makola, Bethuel	South Africa	
Masondo, Khwezi Mbali	South Africa	
Matthews, Pippa	Ireland	
Melim, Michelle	South Africa	
Mnyikiso, Ntombebandla	South Africa	
Nguqu, Monabwisi	South Africa	
Njai, Isatou Combete	Nigeria	
Nkunika, Andrew	Zambia	
Nyangu, Tennieson	Zambia	
Paul, Bukelwa	South Africa	
Purcell, Sophia	Ireland	
Ramcharan, Thameshni	South Africa	
Reetoo, Dinay                      	Mauritius                        	
Rhoda, Gary                        	South Africa	
Richter, Shaun Wesley	South Africa	
Rood, Erik	South Africa	
Sanguinetti, Yvette                	Gibraltar                        	
Shabalala, Sibusiso	South Africa	
Shongwe, Bhekumusa Cusana	Swaziland	
Stokes, Robert	Canada	
Subramanian, Hema	 Singapore	
Sukraj, Raneer	South Africa	
Swift, Christine Ruth	Australia 	
van Aswegen, Yolande	South Africa	
Van Der Merwe, Charmaine   	South Africa            	
Van Der Schyff, Lionel Diederich	South Africa	
Vanara, Ntuthuzelo	South Africa	
Vargas, Barbara	St Lucia	
Williams, Jonathan R Esq	Liberia	

Secretary contact details
If you wish to contact the CALC Secretary, Fiona Leonard, regarding membership or any other CALC matters, her email address is: 
fiona.leonard@parliament.govt.nz