I was involved with a Facebook "discussion" over the weekend about the Commercial Enterprise Act 2017 and the Fisheries Resources (Jurisdiction and Conservation) (Flats Fishing) Regulations, 2017 and while they re designed for completely different reasons they highlight why the Westminster System process of creating new laws should be followed.
Here's the Commonwealth Parliamentary Associations description of how laws should be made:
- Identifying Issues And Opportunities: Laws spring from the need to address issues and opportunities that already exist or might arise. Furthermore, laws may spring from the election promises of the governing party.
- Proposals for New Laws/Amendments: Proposals come from a variety of sources - government ministries and departments, non-governmental organisations, the Official Opposition or even individuals. These proposals for new laws can relate to issues across the Bahamian society and economy.
- Stakeholder Consultation: If a proposal for new legislation receives Cabinet approval, the next step involves consulting with experts, interest groups and the people of constituencies and islands likely to be affected by the plans. Often, in the case of very large issues of national impact, interested parties are asked to comment on a ‘green paper’, which gives an introductory outline of the idea. Following consultation, a ‘white paper’ might be produced, giving a more concrete statement of the government’s intentions.
- Proposals are Made Into ‘Bills': Proposals for new laws are sent to the Office of the Attorney General (AG) where the lawyers there turn the instructions of the Cabinet into special forms called “Bills” (with) detailed language that reduces the chance that the intention of the bill may be misinterpreted. The major Bills reflect the policies the government intends to establish in a parliamentary session. They are usually announced in the Speech from the Throne at the opening of each new session (of Parliament).
Had this process been followed maybe there would be less confusion and there would be no need for the proponents of bills to take such umbrage with people that raise queries or suggest modifications.
Yet successive governments refuse to follow their own "rules" with creating new legislation.
Is there any wonder the general public gets in an outrage over certain bills presented and passed in parliament?