Consultant Parliamentary Counsel for the Montserrat Legal Department Government of Montserrat Montserrat

Expressions Of Interest

Job Summary

Department : Legal Department

Salary : $0- $0

Grade : R0 - R0

Allowances : N/A

Deadline Date : Monday October 15, 2012

About the Job

Consultant Parliamentary Counsel for the Montserrat Legal Department

The Government of Montserrat is seeking expressions of interest for a Consultant Parliamentary Counsel for the Montserrat Legal Department.

Individuals are requested to submit proposals, to include statement of capability and work plan complying with the Terms of Reference below.

The proposal (in pdf format) should be submitted in sealed envelopes marked “Tender for Consultant Parliamentary Counsel and addressed to:

Chief Human Resources Officer
Human Resources Management Unit
P. O. Box 292
Government Headquarters
Brades
Montserrat
B.W.I

on or before 4:00 pm on Monday, October 15, 2012.

Terms of Reference

Consultant Parliamentary Counsel for the Montserrat Legal Department

Background

While Montserrat is a small British Overseas Territory (BOT), domestic legislation requires updating, new legislative proposals require implementation and assessments on compliance with international obligations and treaties are necessary in exactly the same way as much larger states. Furthermore, as a full member of the OECS and CARICOM, Montserrat is also required to standardise its legislation in line with the rest of the region. To facilitate this, draft legislation is provided by the regional bodies, but each draft is subject to discussion and comment, amendment and proper presentation by the Attorney General’s Office. There may also be a need to seek an entrustment from the UK. These practical matters require the attention of the Legal Department and in particular the Legislative Drafting Team.

The ability of the team to keep pace with the expectations is severely constrained by ongoing capacity constraints. The Legislative Drafting programme is accordingly at least two years behind schedule.

The Government of Montserrat is committed to achieving sustainable economic growth and ultimately financial independence. To achieve this it has identified a set of key areas where future investment is anticipated as a potential catalyst for wider economic growth. The Government of Montserrat does not have sufficient resources to fund public investments of the scale that might be made without financial support from the UK Government. In May 2012, the UK Government indicated its willingness to consider funding these investments provided Government of Montserrat undertook a series of reforms designed to improve the enabling environment for growth.

The GOM Reform Matrix and Sustainable Development Plan (SDP) for Montserrat provides a framework which requires further legislative change. This SDP has been developed in order to rebuild Montserrat after the devastating effects of the volcanic eruptions. The Legal Department plays a key role, both directly and indirectly, in the implementation of the matrix and plan which are both crucial for the long term social and economic development of Montserrat.

The Legislative Drafting team now comprises two draftspersons, one of whom is very junior having qualified as a drafter just over a year ago. Given these demands and constraints, the Drafting Team in the Legal Department of the Attorney General’s Office currently lacks the capacity to undertake the substantial amount of drafting work required by the Government of Montserrat within the near future. This lack of capacity has adverse implications for the prosecution of the developmental goals in a timely manner and will impede the social and economic development of Montserrat.

Purpose of the request

In light of the foregoing, recruitment of the Consultant is expected to strengthen the capacity of the Attorney General’s Office in order to enable the effective and efficient drafting of legislation required for the timely implementation of the GOM Reform Growth Matrix and Sustainable Development Plan.

Scope of Work

The Consultant will be based at the office of Attorney General in Brades, Montserrat and will work closely with counterparts in the drafting team.

During the assignment the Consultant will be expected to undertake a number of activities, including:

• Review the GOM Reform Growth Matrix, agree with key stakeholders the priorities for legislation to support its implementation and draft the required laws based on instructions issued by the client ministries;
• Review the Sustainable Development Plan, agree with key stakeholders the priorities for legislation to support its implementation and assist with drafting of required laws. This is particularly linked to the performance indicators in section 4.1.0 of the SDP (attached) which deals with the development of a transparent and effective accountability framework for government and the public sector;
• Review draft laws and regulations necessary to comply with the international obligations under the various conventions ratified by the UK and extended to Montserrat, especially the core UN conventions related to Human Rights and other ILO Conventions, specifically arising out of the GOM Reform Growth Matrix;
• Draft amending legislation deemed necessary by the Caribbean Financial Action Task Force (CFATF) to make Montserrat compliant with the standards established by that organisation particularly as it relates to anti-money laundering and counter-terrorist financing measures;
• Draft amending legislation deemed necessary by the Organisation for Economic Development (OECD) Global Forum to make Montserrat compatible with international standards connected with tax compliance issues;
• Undertake a review of Intellectual property legislation and draft laws to enable the island to activate a fully functioning intellectual property registry;
• Undertake a review of laws related to production of evidence in the Supreme Court particularly with respect to evidence created by or processed through electronic and other technological advances and draft laws to correct deficiencies;
• Undertake a review of public health laws and draft laws to correct deficiencies;
• Undertake a review of laws related to administration of estates and draft laws (including rules) to correct deficiencies;
• Undertake a review of family laws particularly as they relate to protection of children and draft laws to correct the deficiencies;
• Prepare guidelines and rules and/or checklists as necessary to guide public officers in the administration of the said laws;
• Undertake any further drafting as directed by the Honourable Attorney General with priority given to those directed by Cabinet.

Project Phase Outputs (Deliverables)

• Various pieces of legislation drafted as directed by the Attorney General
• Achievement of relevant performance indicators as per the GOM Reform Growth Matrix and the SDP
• Report detailing further legislative priorities of the GOM Reform Growth Matrix and Sustainable Development Plan
• Report detailing legislative priorities with regard to Montserrat’s international obligations under various conventions

Outcomes

It is expected that this engagement will:

• Significantly reduce the backlog of legislation required by the GOM Reform Growth Matrix and the SDP, as well as the regular legislative programme
• Increase the capacity and effectiveness of the drafting team to cope with the ongoing demands for drafting of essential legislation.

Transfer of Expertise

This proposal provides the opportunity for the transfer of expertise and knowledge to counterparts. Capacity building will be in line with the wider departmental schedule agreed with the Attorney General.

Implementation Arrangements

The Consultant will be based at the Attorney General’s Office in Brades, Montserrat for a period of twelve months, with the possibility of extension through mutual agreement, and will report directly to the Honourable Attorney General. 

The Consultant will work closely with the Honourable Attorney General in delivering this technical assistance and will produce an inception report within two months of arrival, and monthly progress reports containing a review of the work completed and a workplan for the ensuing period.

Required Experience and Qualifications:

The Consultant should be an experienced lawyer with at least 10 years post qualification experience in legislative drafting and possess:

• A Bachelor’s Degree in Law
• A Post graduate degree in Legislative Drafting
• 5 to 7 years experience as a legislative draftsperson in a Commonwealth jurisdiction
• Experience of drafting model legislation
• Experience of drafting international instruments
• Experience in law revision
• Strong presentation, communication and report writing skills;
• Experience in preparation and delivery of capacity building inputs
• Computer skills: word processing, spreadsheet, presentations.
• Fluency in written and spoken English 

To Apply:
http://jobs.gov.ms/viewJob.aspx?id=154