Second Parliamentary Counsel (United Kingdom)

The Office of the Parliamentary Counsel (OPC) is responsible for drafting all government bills introduced to the Parliament of the United Kingdom. Established in 1869, the OPC is part of the Cabinet Office and led by the First Parliamentary Counsel, Jessica de Mounteney. The lawyers who work in the office are referred to as Parliamentary counsel.

History

Bills were originally drafted by barristers, Members of Parliament or 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", although he also produced bills for other departments. Despite this many bills continued to be drafted by other barristers, 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". In response to this, 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.

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. In 2009 it consisted of 47 counsel, with a 13-person support team.

The OPC was initially part of HM Treasury, but when the Civil Service Department was created in 1969 the OPC became a part of it, changing its name from Office of the Parliamentary Counsel to the Treasury to simply the Office of the Parliamentary Counsel. After the Civil Service Department was dissolved in 1980, the OPC became part of the Cabinet Office.

Duties

In addition to drafting government bills, the OPC also:

* prepares government amendments to bills,
* liaises with Parliamentary authorities on behalf of the Government,
* drafts or reviews some subordinate legislation, where its expertise is called for,
* produces guidance on drafting and other matters related to legislating (available on gov.uk), 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)''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.
*Sir Henry Jenkyns (1886–1899)
*Sir Courtenay Ilbert (1899–1902)"Ilbert, Sir Courtenay Peregrine"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 26 January 2019.''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.
*Sir Mackenzie Dalzell Chalmers (1902–1903)"Chalmers, Sir Mackenzie Dalzell"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 26 January 2019.
*Sir Arthur Thring (1903–1917)
* Sir Frederick Francis Liddell (1917–1928)
* Sir William Graham-Harrison (1928–1933)
* Sir Maurice Gwyer (1933–1937)
* Sir Granville Ram (1937–1947)"Ram, Sir (Lucius Abel John) Granville"
''Who Was Who'' (online edition, Oxford University Press, December 2017). Retrieved 7 November 2018.
* Sir Alan Ellis (1947–1953)
* Sir John Rowlatt (1953–1956)
* Sir Noël Hutton (1956–1968)"Hutton, Sir Noël (Kilpatrick)"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 7 November 2018.
* Sir John Fiennes (1968–1972)"Twisleton-Wykeham-Fiennes, Sir John (Saye Wingfield)"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 7 November 2018.
* Sir Anthony Stainton (1972–1977)"Stainton, Sir Anthony (Nathaniel)"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 8 November 2018.
* Sir Henry Rowe (1977–1981)"Rowe, Sir Henry Peter"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 24 January 2019.
* Sir George Engle (1981–1987)
* Sir Henry de Waal (1987–1991)"De Waal, Sir Constant Hendrik, (Sir Henry)"
''Who Was Who'' (online edition, Oxford University Press, December 2017). Retrieved 24 January 2019.
* 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 (2015–2024)
* Jessica de Mounteney (2024 – present)

Second Parliamentary Counsel

* 1869–1886: Sir Henry Jenkyns
*1886–1899: Sir Courtenay Ilbert
*1899–1902: Sir Mackenzie Dalzell Chalmers
*1902–1903: Sir Arthur Thring"Sir Arthur Thring", ''The Times'' (London), 18 April 1932, p. 17
* 1903–1917: Sir Frederick Francis Liddell
* 1917–1928: Sir William Graham-Harrison
* 1929–1937: Sir Granville Ram
* 1937–1946: Sir John Stainton"Stainton, Sir John (Armitage)"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 8 November 2018.
* 1947–1953: Sir John Rowlatt
* 1953–1956: Sir Noël Hutton"Sir Noel Hutton", ''The Times'' (London), 15 June 1984, p. 12.
* 1956–1968: Sir John Fiennes
* 1968–1969: Harold Chorley"Chorley, (Charles) Harold"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 25 January 2019.
* 1970–1973: Sir Stanley Krusin"Krusin, Sir Stanley (Marks)"
''Who Was Who'' (online edition, Oxford University Press, December 2007). Retrieved 25 January 2019.
* 1973–1980: Terence Skemp"Terence Skemp", ''The Times'', 28 March 1996, p. 23.
* 1973–1976: Sir Henry Rowe (jointly)
* 1980–1981: Sir George Engle
* 1981–1986: Sir Henry De Waal
* 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
* 2024 – present: Andrew Scott

See also

*Parliamentary Counsel

References

Bibliography

*
*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

{{Cabinet Office

Cabinet Office (United Kingdom)
1869 establishments in the United Kingdom