Reference: PX/CAR/0540
Location: St Vincent and the Grenadines / St Kitts and Nevis and normal place of residence of consultant
Duration: Up to a maximum of 50 person days over the period October/November 2013 to September 2014
Closing Date: 19 Sep 2013
Location: St Vincent and the Grenadines / St Kitts and Nevis and normal place of residence of consultant
Duration: Up to a maximum of 50 person days over the period October/November 2013 to September 2014
Closing Date: 19 Sep 2013
Background
For the past 18 months, the Economic and Legal Section (ELS) of the Commonwealth Secretariat’s Special Advisory Services Division (SASD) has been providing assistance to both St Kitts and Nevis (SKN) and St Vincent and the Grenadines (SVG) concerning the preparation of national maritime policies. The importance of the shipping sector to both countries is reflected in these national policy frameworks.
Both States are Contracting Parties to various international conventions and instruments concerning the protection of the marine environment from the impacts of international shipping, but have not enacted legislation to implement a number of these instruments. Both Member countries have highlighted the need to establish new legislation and update existing legislation.
Both States are Contracting Parties to various international conventions and instruments concerning the protection of the marine environment from the impacts of international shipping, but have not enacted legislation to implement a number of these instruments. Both Member countries have highlighted the need to establish new legislation and update existing legislation.
A legislative drafter is required by ELS to assist in drafting marine pollution legislation for both SKN and SVG as part of package of assistance being provided by ELS.
Objective
The purpose of this project activity is to provide technical assistance to both SKN and SVG concerning the development of model marine pollution legislation to give effect to obligations under various marine pollution conventions established by the International Maritime Organisation (‘IMO’).
Scope of Services
The Commonwealth Secretariat is seeking the services of a qualified and experienced legislative drafter, who would be required to work closely with the ELS advisory team and with officials from both SKN and SVG.
The legislative drafter will be required to:
- Prepare, in accordance with the IMO model legislation, and in consultation with ELS, draft marine pollution Bills and any related draft regulations as required and instructed by ELS and SKN and SVG;
- Study such documents as may be given by ELS and the Governments in connection with the preparation of the said draft Bill and regulations;
- Prepare legal explanatory memoranda relating to 1 and 2 and related matters as instructed by ELS;
- Accept such direction on the legislative policy of the Bills and regulations as ELS may give;
- Effect revisions to the draft Bill in the light of views and comments expressed by ELS and the Governments; and
- Cooperate fully with the ELS team assigned to the project and carry out such other tasks incidental to tasks 1-5 above as may be required by ELS in connection with the implementation of this project.
Deliverables (Outputs)
The key deliverables of this project are:
- Draft Marine Pollution legislation and regulations for both SKN and SVG, drafted and tailored to the circumstances of the relevant jurisdiction.
Management Arrangements and Conduct of Work
- The technical expert will work according to instructions given by the nominated ELS Advisors (Legal / Ocean Governance).
- The technical expert will be expected to work using own facilities other than when participating in ELS-led meetings.
- At least one visit to each country is anticipated during the project. All duty travel shall be agreed in advance with the ELS Advisor.
- ELS will undertake direct communication with member countries that are the subject of this project.
Required Technical Expertise and Professional Experience
The successful incumbent is expected to possess the following expertise:
- A graduate/post-graduate degree in law with specialisation in legislative drafting;
- A minimum of 10 years’ experience in legislative drafting preferably with knowledge of IMO model legislation and maritime pollution within a Commonwealth jurisdiction;
- Knowledge of relevant marine pollution Bills and their operation along with substantial experience in reviewing and drafting legislation.
- Strong communication (written and verbal)
- Good interpersonal skills and ability to working in a team in a consultative and collaborative manner;
- Ability to constructively engage at a senior government and ministerial level.
- Good presentation skills
Level of Effort
The level of effort anticipated for the assignment is up to a maximum of 50 person days or 10 person weeks at the normal place of residence of the consultant.
Number of Days
- Review of IMO model legislation and relevant country legislation 04
- Meetings with ELS staff at Marlborough House – approximately 03
- Off site (in Consultant’s home country) drafting the marine pollution bill document 20
- Mission to St Kitts and Nevis to present the draft bill to country officials for comments and to clarify issues for inclusion into the final draft 04
- Mission to St Vincent and the Grenadines to present the draft bill to country officials for comments and to clarify issues for inclusion into the final draft 04
- Off site to finalise finalisation of the draft marine pollution bill documents taking on board feedback from country officials 15
Total number of days: 50
Budget
The successful consultant will be provided with the following by the Commonwealth Secretariat:
- Fees at £25,000 at the rate of £500 per day.
- Subsistence allowance at UN per diem rates.
- Economy class return air fare from normal place of residence to St Kitts and Nevis and/or St Vincent and the Grenadines.
The consultancy is expected to complete by not later than 30th December 2014.
