The Rise of the Parliamentary Counsel

Abstract

SUMMARY In this article Sir George Engle has traced the early development of the use of official Parliamentary Counsel for the drafting of government legislation. The origins are traced to a series of individual legal experts employed informally by government in the seventeenth and eighteenth centuries until the formal appointment of a Parliamentary Counsel to the Treasury in 1769. Following that, other major departments engaged their own Counsel until Peel decided to rationalize the system in 1841 and J.E.D. Bethune was appointed Counsel for fourteen government departments. The work of Henry Thring in developing the principles of parliamentary drafting is discussed and then the appointment of Thring to the ‘Office of Parliamentary Counsel’ in 1869, with one assistant. The institution was made permanent in 1871. The work of Thring's two successors, Henry Jenkyns and Courtnay libert and the working practices they developed arc analysed. Finally the artide summarizes the principle achievements of the Parlia...