PORTFOLIO OF

LEGAL AFFAIRS

CAYMAN ISLANDS GOVERNMENT 4th Floor, Government Administration Building, 133 Elgin Avenue, P.O. Box 136 Grand Cayman, KY1-9000, Cayman Islands

Job Description Job Title: Grade: Salary Range: Reports To: Cost Centre:

Job Purpose

First Legislative Counsel E $100,236 - $122,124 The Honourable Attorney General/Solicitor General Legal Affairs/Legislative Drafting

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To provide an efficient and effective legislative drafting service to the Government of the Cayman Islands;

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To provide advisory services to the Government of the Cayman Islands on (a) the provisions and effect of existing and proposed legislation; (b) the introduction of new legislation; (c) the introduction of administrative practice and other measures, where necessary, to avoid the need for further legislation; and (d) legislative provisions and practice of other jurisdictions.

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To manage and supervise staff of the Legislative Drafting Department; and

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To oversee the work of consultants appointed by Government Departments, Ministries and Portfolios to conduct legislative drafting assignments.

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Dimensions

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Staff under the direct supervision of the post-holder (a) Senior Legislative Counsel (2); (b) Legislative Counsel (5); and (b) Administrative Secretary (1);

Principal Accountabilities

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Maintenance of specialised reference library;

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Use of software and computerised databases to facilitate the legislative drafting process;

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Ongoing review of legislation of other jurisdictions including the United Kingdom, Canada, the United States of America, Australia, New Zealand, and the Caribbean; and

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Liaison with staff and consultants appointed by Government Departments, Portfolios and Ministries to conduct legislative drafting assignments.

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To draft primary and secondary legislation as required by the Cabinet;

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To develop and implement strategies for the effective implementation of the Government’s legislative drafting agenda.

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To attend sittings of the Legislative Assembly, where necessary, to provide advice during the passage of legislation;

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To attend meetings of Cabinet or meetings with Ministers and other senior officials to explain the policies or principles informing draft legislation and to provide advice, where necessary;

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To attend consultative meetings with members of the private sector, together with Ministers and senior civil servants (usually at Chief Officer level);

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To provide advice on the legality of existing and proposed legislation and opinions on the interpretation of legislation;

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To advise the Government on the legislative measures and other methods available to achieve their policies and objectives;

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To advise the Attorney General and Ministers on proposals for legislation;

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To supervise legislative counsel and administrative staff, including budgetary input to the Attorney General;

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To maintain current knowledge of legal, technological and political developments in order to provide a professional service;

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To maintain an updated set of the Laws of the Cayman Islands, including United Kingdom Statutory Instruments that apply to the Islands

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To maintain and update a Hurricane Plan for the Legislative Drafting Department

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Collaborate with the Law Reform Commission, where appropriate, regarding the harmonization and reform of legislation;

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Collaborate with the Law Revision Commissioner, where appropriate, regarding consolidation and revision of the laws of the Cayman Islands;

Attorney-General  Solicitor General  First Legislative Counsel

 Law Revision Commissioner

Organisational Chart

Law Reform Commission

Senior Legislative Counsel  Legislative Counsel  Administrative Secretary External Consultants.

Background Information

Qualifications, Knowledge, Experience, and Skills

The post-holder facilitates the implementation of the Government’s legislative agenda.

Qualifications 

Qualification as a solicitor, barrister or attorney-at-law in a Commonwealth jurisdiction; and

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Masters of Law in legislative drafting.

Knowledge      

Expert knowledge of laws of the Cayman Islands and regional and international laws; Expert knowledge of Cayman Islands’ legislative practice and procedures; Demonstrated ability to analyse legal problems and propose legislative solutions; Demonstrated ability to implement policy instructions; Strong interpersonal and organisational skills; and Current general legal knowledge.

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Experience 10 years legislative drafting experience in a Government Department, preferably in a Commonwealth jurisdiction, of which at least 4 years were spent in the direct supervision of Legislative Counsel and administrative staff. Skills          

Assignment and Planning of Work

Supervision of Others

Ability to undertake complex research and to lead others in such research; Ability to work quickly and to immovable deadlines; Ability to absorb complex collections of facts quickly and accurately; Ability to draft major and complex legislation and other legal documents; Excellent oral and written communication skills. Political sensitivity; Ability to clearly and accurately present legislative provisions and proposals to Ministers; Sound judgement; Proficiency in Microsoft Office, specifically Word; and Sound typing skills.

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90% of work is generated by Ministries, Government departments, and the Cabinet.

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The post-holder has full control over the planning and drafting process, subject only to the instructions of the Attorney General and the Cabinet.

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10% of work is generated from the requirement to address deficiencies in the requirements of existing laws.

The post-holder supervises 

Senior Legislative Counsel and Legislative Counsel to ensure that (a) the relevant priority is given to individual assignments; (b) the quality of drafting is maintained; and (c) deadlines are not overrun;

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An Administrative Secretary to ensure that administrative and clerical support to the department is maintained at a level that enables it to function efficiently and effectively; and

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Consultants engaged or staff employed by other Government departments and Ministries on individual assignments of legislative drafting to ensure (a) quality of drafting; (b) consistency of new legislation with existing legislation; (c) compliance with existing standards and styles of the laws of the Cayman Islands; and (d) compliance with deadlines.

Other Working

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Regular liaison with Cabinet members on the content of existing and

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proposed legislation and the feasibility of future Ministerial policies;

Relationships

Decision Making Authority and Controls

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Frequent liaison with Members of the Legislative Assembly on proposed legislation, both informally and in Legislative Committees;

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Ongoing communication with Chief Officers on the content of proposed legislation and on possible legislative solutions;

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Regular meetings at partnership level with private sector representative bodies on Government proposals; and

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Consultations with other professionals on the provisions of existing law.

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To draft primary and secondary legislation in keeping with instructions given by Cabinet;

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To draft such legislation as may be necessary to implement international agreements and conventions I keeping with instructions given by Cabinet;

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To access information held by Government Departments, Portfolios and Ministries and the Secretary to Cabinet to facilitate the proper drafting of legislation;

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To decide, within broad Ministerial instructions, on the form, content and policy of all legislation; and

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To provide advice on existing laws and their interpretation to members of the legal and other professions in both the public and private sectors.

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Problems/Key Features

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Compliance with tight deadlines;

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Extensive research on complex areas of law;

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Direct and regular contact with Ministers, Chief Officers and stakeholders in the private sector, where appropriate;

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Maintenance of a complete knowledge of existing laws of the Cayman Islands and relevant practice and procedures, and a working knowledge of United Kingdom law and practice;

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Ability rapidly to research and comprehend new technical subjects for which legislation is required;

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Ability to assimilate and communicate Government’s decisions and policies clearly and effectively to (a) (b) (c) (d)

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Working Conditions

the Legislature; the Cabinet; the legal profession; and where appropriate, members of the public;

Need for a high level of accuracy in the work product.

Normal office environment with a frequent requirement to work extended hours.

Signatures:

Date:

Chief Officer Job Holder

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