Writing Effective Legislative Drafts
For detailed, in-depth guidelines, see the official Drafting Guidance from the Office of the Parliamentary Counsel.
Core Principles for Effective Drafting
- Use Plain Language: Simple, modern English rather than archaic language or complex jargon.
- Conciseness: No more words than necessary to avoid ambiguity.
- Consistency: The same term for the same concept throughout.
- Precision: Specific, concrete language stating exactly what is meant, focusing on practical impact.
- Structure: Organise logically, beginning with the general rule before moving to exceptions.
Key Recommendations by the Institute for Government
- Draft Bills: The government should publish all bills in draft to allow for pre-legislative scrutiny.
- Pre-Legislative Scrutiny: Giving select committees more power to examine proposals early strengthens quality.
- Menu of Options: Offering a variety of scrutiny methods to avoid adding significant time to the legislative timetable.
Best Practices in the Drafting Process
- User-Focus: Consider the characteristics of the individuals who will be using the legislation.
- Consultation: Conduct early, informal consultation to reduce the risk of unintended consequences.
- Clear Policy Instructions: Drafting should only begin once a detailed, clear policy is finalised.