Office of the Parliamentary Counsel (United Kingdom)

The Office of the Parliamentary Counsel (OPC) drafts all government bills introduced to the Parliament of the United Kingdom. Established in 1869, OPC is part of the Cabinet Office and led by Elizabeth Gardiner, the First Parliamentary Counsel and Permanent Secretary.

History

Bills were originally drafted by barristers, Members of Parliament and members of the judiciary. William Pitt was the first person to appoint a dedicated parliamentary draftsman, known as the Parliamentary Counsel to the Treasury, who in 1833 described his duties as "to draw or settle all the Bills that belong to Government in the Department of the Treasury",^[1] although he also produced bills for other departments.

Many bills continued to be drafted by other members of the bar and one of these barristers (Henry Thring) suggested that "the subjects of Acts of Parliament, as well as the provisions by which the law is enforced, would admit of being reduced to a certain degree of uniformity; that the proper mode of sifting the materials and of arranging the clauses can be explained; and that the form of expressing the enactments might also be the subject of regulation".^[1] In response, the Office of the Parliamentary Counsel to the Treasury was established on 8 February 1869, with Thring as Parliamentary Counsel to the Treasury (the head of the office)^[1]

In 1901, the office consisted of "the Parliamentary Counsel and the Assistant Parliamentary Counsel, with three shorthand writers, an office-keeper, and an office boy". Two more Parliamentary Counsel were appointed in 1914 and 1930 respectively, and by 1960 the office had 16 counsel, along with their support staff.

OPC was initially part of HM Treasury. In 1969, it became part of the newly created Civil Service Department and changed its name to the Office of the Parliamentary Counsel (dropping "to the Treasury" from the end). After the Civil Service Department was dissolved in 1980, OPC became part of the Cabinet Office.^[1]

Today

OPC consists of around 50 lawyers (referred to as Parliamentary counsel) and 10 support staff. In addition to drafting government bills, OPC also:

• prepares government amendments to bills;
• advises the Government on Parliamentary procedure;
• liaises with Parliamentary authorities on behalf of the Government;
• drafts or reviews some subordinate legislation, where its expertise is called for; and
• advises the Government on legal, Parliamentary and constitutional questions falling within its expertise.

List of First Parliamentary Counsel

• Henry Thring, 1st Baron Thring (1869–1886).^[2][3]
• Sir Henry Jenkyns (1886–1899).^[3][4][5]
• Sir Courtenay Ilbert (1899–1902).^[6][7]
• Sir Mackenzie Dalzell Chalmers (1902–1903).^[7][8]
• Sir Arthur Thring (1903–1917).^[9]
• Sir Frederick Francis Liddell (1917–1928)
• Sir William Graham-Harrison (1928–1933)
• Sir Maurice Gwyer (1933–1937)
• Sir Granville Ram (1937–1947).^[10]
• Sir Alan Ellis (1947–1953).^[11]
• Sir John Rowlatt (1953–1956)
• Sir Noël Hutton (1956–1968).^[12]
• Sir John Fiennes (1968–1972).^[13]
• Sir Anthony Stainton (1972–1977).^[14]
• Sir Henry Rowe (1977–1981).^[15]
• Sir George Engle (1981–1987)
• Sir Henry de Waal (1987–1991).^[16]
• Sir Peter Graham (1991–1994)
• Sir Christopher Jenkins (1994–1999)
• Sir Edward Caldwell (1999–2002)
• Sir Geoffrey Bowman (2002–2006)
• Sir Stephen Laws (2006–2012)
• Sir Richard Heaton (2012–2015)
• Dame Elizabeth Gardiner (2015–)

Second Parliamentary Counsel

• 1869–1886: Sir Henry Jenkyns.^[3]
• 1886–1899: Sir Courtenay Ilbert.^[3][6]
• 1899–1902: Sir Mackenzie Dalzell Chalmers.^[7][8]
• 1902–1903: Sir Arthur Thring.^[7][9]
• 1903–1917: Sir Frederick Francis Liddell.^[17]
• 1917–1928: Sir William Graham-Harrison
• 1929–1937: Sir Granville Ram.^[18]
• 1937–1946: Sir John Stainton.^[19]
• 1947–1953: Sir John Rowlatt
• 1953–1956: Sir Noël Hutton.^[20]
• 1956–1968: Sir John Fiennes.^[21]
• 1968–1969: Harold Chorley.^[22]
• 1970–1973: Sir Stanley Krusin.^[23]
• 1973–1980: Terence Skemp.^[24]
• 1973–1976: Sir Henry Rowe (jointly).^[25]
• 1980–1981: Sir George Engle
• 1981–1986: Sir Henry De Waal.^[26]
• 1987–1991: Sir Peter Graham
• 1991–1994: Sir Christopher Jenkins
• 1994–1996: David Saunders
• The title was then not in use publicly from at least 2000 to Cook's appointment in 2007 (see Civil Service Yearbook).
• 2007–2022: David Cook

See also

• Parliamentary Counsel

References

1. "History of OPC". Cabinet Office. 1 January 2011. Retrieved 26 June 2012.
2. Roy MacLeod, Government and Expertise: Specialists, Administrators and Professionals, 1860–1919 (Cambridge University Press, 1988), p. 36.
3. The Times, 3 August 1886, p. 7, for Thring's resignation and Jenkyn's succession, as well as Ilbert's appointment as Assistant Parliamentary Counsel in succession of Jenkyns who had held the office since 1869.
4. "Jenkyns, Sir Henry", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 26 January 2019.
5. Henry Roseveare, The Treasury: The Evolution of a British Institution (Allen Lane, 1969), p. 216.
6. "Ilbert, Sir Courtenay Peregrine", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 26 January 2019.
7. The Times, 27 February 1902, p. 9, for Ilbert's resignation as FPC and Chalmers's succession, as well as Arthur Thring's appointment as Assistant Parliamentary Counsel in place of Chalmers.
8. "Chalmers, Sir Mackenzie Dalzell", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 26 January 2019.
9. "Sir Arthur Thring", The Times (London), 18 April 1932, p. 17
10. "Ram, Sir (Lucius Abel John) Granville", Who Was Who (online edition, Oxford University Press, December 2017). Retrieved 7 November 2018.
11. "Ellis, Sir Alan Edward", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 7 November 2018.
12. "Hutton, Sir Noël (Kilpatrick)", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 7 November 2018.
13. "Twisleton-Wykeham-Fiennes, Sir John (Saye Wingfield)", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 7 November 2018.
14. "Stainton, Sir Anthony (Nathaniel)", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 8 November 2018.
15. "Rowe, Sir Henry Peter", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 24 January 2019.
16. "De Waal, Sir Constant Hendrik, (Sir Henry)", Who Was Who (online edition, Oxford University Press, December 2017). Retrieved 24 January 2019.
17. The Times (London), 10 August 1903, p. 7; "New Parliamentary Counsel", The Times (London), 21 May 1917, p. 9.
18. "Ram, Sir (Lucius Abel John) Granville", Who Was Who (online edition, Oxford University Press, December 2017). Retrieved 7 November 2018.
19. "Stainton, Sir John (Armitage)", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 8 November 2018.
20. "Sir Noel Hutton", The Times (London), 15 June 1984, p. 12.
21. "Twisleton-Wykeham-Fiennes, Sir John (Saye Wingfield)", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 7 November 2018.
22. "Chorley, (Charles) Harold", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 25 January 2019.
23. "Krusin, Sir Stanley (Marks)", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 25 January 2019.
24. "Terence Skemp", The Times, 28 March 1996, p. 23.
25. "Rowe, Sir Henry Peter", Who Was Who (online edition, Oxford University Press, December 2007). Retrieved 24 January 2019.
26. "De Waal, Sir Constant Hendrik, (Sir Henry)", Who Was Who (online edition, Oxford University Press, December 2017). Retrieved 24 January 2019.

Bibliography

• Ilbert, Courtenay Peregrine (1901). Legislative Methods and Forms. Adamant Media Corporation. ISBN 1-4021-6498-X.
• Geoffrey Bowman, 'Why is there a Parliamentary Counsel Office?' (2005) 26 Statute Law Rev 69–81
• Sir Henry Engle, 'The Rise of the Parliamentary Counsel'

External links

• Official website