Case study: Working for the Office of the Parliamentary Counsel

Lydia Clapinska

I joined the Office of the Parliamentary Counsel (OPC) in 2008. After being called to the Bar in 1999, I spent a brief spell in private practice before setting on a course that led me to work with the judiciary, in Parliament and in different parts of the executive. I became interested in statutory interpretation whilst working as a judicial assistant to the Law Lords. Then as a Parliamentary legal officer working with a Peer, I was closely involved with bill and committee work and became gripped by the endlessly fascinating world of Parliament. I also worked as a Law Commission lawyer drafting law reform proposals and as an advisory lawyer at the Ministry of Justice during which time I instructed colleagues at OPC on bills.

The work of the Parliamentary Counsel is unique and exciting. The intellectual challenges are immense and richly rewarding. For me the best bits of the job are:

• the creative challenge of drafting clear and effective law, and drilling down into the detail of what is required to achieve this
• testing policies to ensure that they are sufficiently robust to enable their intention to be sensibly expressed in legislation
• liaising with the parliamentary authorities and advising our departmental clients on parliamentary procedure, to help facilitate the smooth passage of a bill
• working with dedicated colleagues in a supportive environment in which I continue to learn something new every day

Our expertise is in the skill of drafting. We are not subject specialists; we each draft across a wide range of subject areas which is another stimulating aspect of the work. The bills I have worked on to date include matters relating to immigration, local government, social housing, families and children, the justice system and most recently finance.

Alex Wharam

I studied law at university before qualifying as a barrister. After pupillage in a common law set of chambers I spent 3 years working as a lawyer for the Department of Trade and Industry (DTI). Whilst at the DTI I was involved in providing instructions to the Office of the Parliamentary Counsel in connection with the Civil Partnership Bill and it was during this time that I became interested in the work of the Office.

I joined the Office as an Assistant Parliamentary Counsel in September 2006. To begin with, drafting even the most straightforward of provisions proved difficult and, at times, frustrating. But with the guidance and supervision of more senior members of the Office I gradually improved and was able to make an increased contribution to the bills I worked on. After 4 years or so in the Office I was able to draft a bill of my own.

The process of analysing and clarifying the department’s policy and then trying to come up with a clear and simple way of giving effect to it can be really rewarding. It is particularly interesting to try to draft provisions that cater for a range of different situations, rather than simply applying existing legislation to a given set of facts.

Another good thing about the job is the varied nature of the work. Since joining the Office I have worked on bills and statutory instruments dealing with a wide range of issues such as the armed forces, local government re-organisation, electricity and gas suppliers, Scotch whisky, the protection of wildlife, animal testing, defamation, insolvency and legal aid.

The job involves spending long periods working alone and this can take a while to get used to. But the Office is a friendly one and advice from other members of the office is always available when needed.

Helen Strachan

I studied law and psychology at university in New Zealand before going on to qualify as a New Zealand barrister and solicitor. For the next 3 years I worked for a commercial law firm, mainly dealing with intellectual property. Then the travel bug bit and I came to the UK to study towards a Master of Laws degree. I had intended to stay for just 1 year but towards the end of my course I saw the position of Assistant Parliamentary Counsel advertised. I applied and got the job and I enjoy it so much that I have been here ever since. I have now worked for the Office of the Parliamentary Counsel for more than 8 years.

For me the best things about the job are being able to help shape the law rather than just interpret it, the detailed analysis that goes into designing law for a broad range of possible scenarios, and the supportive working environment.

In the beginning I found the drafting difficult and the procedural rules for taking a bill through Parliament baffling, but the Office provides good training and 1-to-1 support for new recruits and there is now comprehensive written guidance as well. Over the years I have been able to work on a huge variety of bills and statutory instruments ranging from legislation setting up a system of free bus travel for pensioners and provisions designed to combat online copyright infringement, to legislation regulating energy markets and helping people make their homes more energy-efficient. I enjoy the collaborative nature of working with bill teams to turn policy into legislative language and shepherd it successfully through Parliament.

There are also many opportunities to get involved in the corporate side of office life, like participating in drafting discussion groups and delivering training, and these provide an ideal counterbalance to the sometimes solitary work of drafting.