   
Section of National Libraries
Guidelines for Legislation for
National Library Services
CHAPTER 4
DEVELOPING AND IMPLEMENTING LEGISLATION
4.1 Introduction
This chapter outlines the process of drafting, promoting and passing NL/NLS legislation as well as the steps to be taken following the enactment of legislation. Since these processes differ from country to country, only a generic process can be outlined.
4.2 Drafting, promoting and passing NL/NLS legislation
4.2.1 Developing proposals
Who is responsible for initiating the process that leads to the passing of legislation for a NL/NLS? Depending on the situation (for example, whether there is an existing institution functioning as a national library or whether the NL/NLS is to be created de novo) the initiative may be taken by various parties such as the board or management of an existing institution, a professional organisation or a pressure group concerned with heritage, books and reading or literacy, or even the government.
The development of proposals for new legislation should take into account the environmental factors described in Chapter 3. In particular it will be necessary to draw up an inventory of existing legislation affecting library and information services as in indicated in par. 3.3.
4.2.2 Consultation and lobbying
The making of laws is a political process. In passing a bill to create or strengthen a NL/NLS, the government by implication commits itself to future expenditure. Such a step therefore needs political support.
Furthermore, if the NL/NLS, once established, is to achieve its aims, it will need wide acceptance among the intended users and the institutions and groups constituting the country's library and information sector. The process of drafting the legislation should therefore be transparent and open to participation by all stakeholders. Identifying stakeholders, enlisting their support and consulting them in the drafting of the bill are therefore important preliminary steps.
Who are the stakeholders? Components of the national infrastructure for library and information service are listed in par. 3.5.1. They constitute the most important stakeholder groups. Various other groups should also be considered, e.g. the press and media. In the case of a National Library Service intended to provide a comprehensive service to the population, inputs must be obtained from the general public; not only from urban residents but also from members of smaller communities, for example rural communities and informal settlements around the urban centres. Insights gained by local communities which have started their own community libraries or resource centres through grass-roots initiatives can be invaluable for such a service. Foreign aid organisations may be able to make useful contributions. In some cases they may be able to sponsor a visit by one or more foreign experts. However, local expertise and insights should not be undervalued.
Inputs can be solicited by distributing copies of a draft of the proposed legislation for comment to identified stakeholders. However, it is better to convene meetings in various parts of the country where the proposals can be thoroughly discussed ("workshopped") by participants.
Lobbying of decision makers will be needed throughout the various phases of the legislative process:
- to align major stake-holders behind the process
- to persuade a minister and his/her ministry to accept ownership of the proposal
- to persuade members of the legislature to support it
4.2.3 Stages of drafting and passing a bill
The stages of legal drafting, tabling of a bill in the legislature and the passage of the bill differ from country to country. Usually the proposed legislation is dealt with successively in several or all of the following stages:
- The protagonists or champions of the legislation produce a proposal, organise
consultation and discussion, and build up support.
- The ministry which is or will be responsible for the NL/NLS develops the proposals in
consultation with the champions and submits them to the Minister.
- The Minister approves the proposal and requests the Cabinet to approve of the drafting
of the legislation.
- The Cabinet grants the request.
- The request is now referred to the government agency or office entrusted with reviewing
and drafting legislation (the "legal draftspersons).
- The legal draftspersons consult with the ministry and the champions of the legislation
on what is required.
- The legal draftspersons produce a draft bill which is submitted to interested parties
for comments.
- The draft bill is revised by the legal draftspersons, who produce a bill.
- The bill is submitted to the Minister for approval.
- The Minister submits the bill for approval to the Cabinet.
- The Cabinet approves the bill.
- The bill is published in the official gazette. The general public may be invited to
comment on it at this stage.
- The bill is submitted to the legislature.
- Depending on the legislative process as determined in the country's constitution, the
bill may now be presented to the legislative assembly or first referred to one of its committees for detailed scrutiny. During this period hearings may be held at which interested parties are given an opportunity to comment on the bill.
- The bill is presented to the legislative assembly, which debates and then approves it.
- The bill as passed is assented to and signed into law by the Head of State, who may
specify a date on which it is to come into effect.
- Now known as a law, act or statute, it is published in the official gazette.
4.2 Steps following the enactment of legislation
Depending on whether this date is specified in the statute or not, the newly published
statute comes into effect either as soon as it is assented to or at a later date as specified by the Head of State. In the latter case the interim period is used for preparing the delegated legislation and for doing any other preparatory work which may be necessary before the statute comes into effect. This may include:
- drafting of delegated legislation (regulations) which the Minister is empowered to
promulgate (see par. 4.16)
- preparations for the implementation of transition measures (see par. 4.15)
- preparations for the transfer of personnel, assets, etc.
- arrangements for the funding of the NL/NLS by the ministry, for example agreement on a funding or subsidy formula.
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