Answer to Written Question PT042

QUESTION

Yang Berhormat Dayang Chong Chin Yee

YANG BERHORMAT DAYANG CHONG CHIN YEE requested the MINISTER AT THE PRIME MINISTER’S OFFICE to state the ministry’s plans to review existing laws in order to assess the need to enact or consolidate Orders or Acts, so that the laws would be clearer and easier for the public to understand.

ANSWER

Yang Berhormat Menteri di Jabatan Perdana Menteri

In general, the planning and implementation of a review of any law is the responsibility of the Ministry or Government Department responsible for the law concerned, as they possess the relevant expertise and an in-depth understanding of Government policies, administrative requirements and the operational realities of their respective sectors. The need to conduct such a review is usually determined through the policy process at the Ministry level and, where applicable, through the consideration of the relevant Government committees.

Accordingly, any proposal for a review submitted by the relevant Ministry or Department will be referred to the Attorney General’s Chambers for legal advice and to assess the need for appropriate review or amendment, subject to the information, justification and policy objectives presented.

In assessing the proposal, the Attorney General’s Chambers will take into account its consistency with Government policies, legal implications, implementation effectiveness and international legal obligations, where applicable and relevant, while also ensuring that the proposal does not result in duplication or inconsistency with existing laws and does not conflict with the Constitution of Brunei Darussalam.

If deemed necessary, subsequent steps may be taken through the amendment, redrafting, repeal or consolidation of specific provisions, in order to produce a more structured, clear and easily understood legislative framework for the public, while remaining relevant to current requirements.

In addition, the Attorney General’s Chambers, together with the Prime Minister’s Office, also conducts an annual Legal Seminar to enhance the understanding and capacity of officers who administer laws in their respective ministries. This is one of the measures to strengthen the effectiveness of drafting and enacting legislation at the Ministry/Department level before referring the matter to the Attorney General’s Chambers.