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PUBLICATIONS

Publications 2

Introduction.

Within this page, attention will be drawn to publications which have come to the notice of the Secretary. In some cases a brief summary will be given. In most cases only the title and publisher will be given with, if possible, a contact from whom a copy can be obtained. Otherwise further information can be requested from the Secretary. The side heading date is that on which the item was first mentioned on this page.

The Secretary is currently in receipt on a fairly regular basis of the following publications, from which material can be drawn, and copies of similar publications from other comparable sources would be appreciated.

PUBLICATION

     

PUBLISHER

Commonwealth Currents       Commonwealth Secretariat
Commonwealth Newsletter       Commonwealth Secretariat
Connections       Commonwealth of Learning
International Bar News       IBA
International Legal Practitioner       IBA Section on Legal Practice
Government Lawyer       IBA Committee 15 Government Practice
Government Lawyer       Law Society of New South Wales, Australia
Public Sector Forum       CBA Public Sector Lawyers Conference, Canada
Noter Up       Law Society Local Goverment Group, UK
The Commonwealth Lawyer       CLA
The Lawyer       Centaur Communications, London (Weekly)
Clarion       CLA
Pass It On       ABA Government and Public Sector Lawyers Division
The Public Sector Lawyer       ABA Government and Public Sector Lawyers Division

RECENT PUBLICATIONS

12 September 2002

THE UK EXPERIENCE OF PUBLIC ADMINISTRATION REFORM

This report provides a broad overview of the constitutional and legislative framework of government in the UK, including a description of administrative and political systems, the institutional framework, and human resource policies and infrastructure in central and local government.

It is designed to provide readers with information which will enable them to understand the UK experience of public administration reform and compare it with the systems of public administration in their own countries.

ISBN 0-85092-699-8; 64 pages; price: 10.95

A PROFILE OF THE PUBLIC SERVICE OF MALTA

This publication focuses on current good practices and new developments in public service management in Malta. Administrative reform, it is said, is a journey rather than a destination. The Public Service of Malta is on just such a journey, and it has travelled a long way indeed. A new leg of the journey began in 1988, when the Maltese Government appointed a Public Service Reform Commission "to examine the organisation of the Public Service, and to recommend means by which the service can efficiently respond to the changing needs for effective government. The compilation of this Country Profile provides an opportunity "to take stock, to look back at the distant starting-point and to appreciate the length of the road travelled.

ISBN 0-85092-703-X; 85 pages; price: 10.95

1 August 2002

THE COMMONWEALTH LAWYER Vol. 11 No. 2 Agust 2002

In addition to the usual editorial material, case notes and book reviews, this edition includes articles on "Judicial Review - Is it going too far?", "Hard Choices - The Asylum Seeker Challenge", "A New Supreme Court for the United Kingdom?" and "Challenges to Justice in a Plural Society".

CLARION Vol 4. No.2 August 2002

Clarion reports on a CLA Workshop held in Kuala Lumpur in April on Judicial Accountability and also on an Open Meeting in London in the same month which was addessed by the Australian Federal Minister for Immigration and attended by leading immigration specialists, lawyers and the media. One outcome is the article referred to above. Clarion includes the views of two Australian readers who disagree fundamentally with the Australian Government's current policy on the topic. There is also a brief report on the fifth annual Commonwealth Lecture which took place in London in June when Mary Robinson, the UN High Commissioner for Human Rights, spoke on "Human Rights in the shadow of 11 September".The full text of the lecture is available at www.commonwealthfoundation.com

MEANDERING THROUGH THE ETHICS QUAGMIRE

Susan Kidd, the Director of the ABA Public Sector Lawyers Division, rehearses the current problems faced by divisional members wishing to participate in bar association activities which the ABA has been actively supporting not least because in its view it is in the government's interest to encourage such participation. Involvement enhances the professional development of public sector lawyers and conversely provides the private sector bar with a better understanding of how the government conducts its business. An ABA Task Force on Government Lawyer Participation has recently produced and sent to the US Attorney General comprehensive Guidance on the issue. The US Office of Government Ethics has since anounced that it will now undertake a review of the present position. (Pass It On. Summer 2002 Vol 11. No. 4}

1 July 2002

ONE RULE FITS ALL? THE STANDARDISATION OF PFI PROCUREMENT.

The UK Government's efforts to standardise PFI procurement procurement have been met by fierce opposition but it seems there may yet be room for compromise. The current debate centres on some arcane trechnical issues that might appear dull to the outside world but to PFI practitioners the new clauses contained in the draft update to the Standardisation of PFI Contracts are matters of grave concern. Partnerships UK, a Treasury agency, authors of the draft guidance document which runs to 324 pages, has faced a barrage of criticism over its handling of the issue. The pubic sector generally were denied access to the process and were then given onlly four weeks, which included the Christmas petiod, to consider and respond to the document. Howver only a two week extension was obtained. There is a strong feeling that the Governmentis taking things too far in favour of the client side. (The Lawyer 3 June 2002).

PUBLIC SECTOR TEAM OF THE YEAR.

As a scene setter for this year's Lawyer Award presentations, the Lawyer revisited last year's winners, North Yorkshire (County Council) Legal Services, who had been commended for its cooperative approach to the private sector and its impressive portfolio of project work. It reports that, thanks to the creation of a neigbouring authotiy group, which encourages local authorities within a specific geographical area to share out their work, NYLS has gained several new clients. Meanwhile their award winning partnership with private sector firm Masons has apparently gone from strength to strength, with collaboration on training, the submission of joint bids for PFI projects and staff secondments both ways. (The Lawyer 10 June 2002)

The Lawyer has today announced the winner of this year's Public Sector award, Essex County Council Legal Services, a dedicated team of around 60 lawyers that works across a wide variety of demanding issues. In addition to establishing partnership arrangements with private sector firm Nabarro Nathanson, who took 3rd place, ECCLS has pursued partnership arrangements elswhere in the public sector and in particular was instrumental in creating a joint advocacy service with other local councils in Essex in a bid to share experience and resources. (The Lawyer Awards 2002. Book of the Night - Celebrating Excellence)

5 June 2002

THE COMMONWEALTH LAWYER VOL 11 NO 1 APRIL 2002

In addition to the usual editorial material, case notes and book reviews, this edition includes articles on "Human Rights in the Isle of Man - The administrative / judicial discretion debate"; "Arbitration in the United States and the Carribean"; "Northern Ireland: Times of Terror, Times of Silence"; "Illegality over Northern Ireland"; "The Ills of Africa: Need for a Radical Rethimk"; "The Case of the Dispossessed Chagos Islanders"; and "The Press, Privacy, Public Interest and the Human Rights Act".

In the leading article "End of the 'Me generation'?", Donald McKinnon, the Commonwealth Secretary-General, reflects on a number of important issues, not least the implications of the 11 September terrorist attacks for our increasingly interdependent world. He also underlines the importance of democracy and refers in particular to the Commonwealth's commitment to the rule of law and human rights as embodied in the 1991 Harare Declaration which ironiclly has come under sustained attack in Harare itself.

ZIMBABWE ELECTION

Tribute is paid to the lawyers and jurists in Zimbabwe who, despite an inhospitable environment that is unimaginable to many of us, have remained and stood firm against the current tyrannies in their country . "The torch that they have kept burning will, sooner or later, light the way to a better future for Zimbabwe. Their courage should not be forgotten." (Editorial. Clarion March 2002 Vol 4 No1.)

COMMONWEALTH MOOT 2001

The Commonwealth Law Conference may have been postponed but the CLEA Mooting Competition nevertheless went ahead, on this occasion in conjunction with the Commonwealth Legal Education Conference 2001 in Colombo in December. At the conclusion of the competition the CLA sponsored shield was presented to the top team, representing the United Kingdom. (Clarion March 2002 Vol 4 No1.)

REMUNERATION AND WORK CONDITIONS SURVEY

A summary of the results of a survey carried out by the Law Society of New South Wales in the latter half of 2001 which collected information from employed solicitors under a number of headings including Income & Benefits; Workspace & Workplace Policies; Professional Development & Supervision; and Job Satisfaction & Career Plans. The majority of government solicitors reported that they were either satisfied or very satisfied with their position (65%). In contrast 70% of Corporate solicitors and 58% of those working in private practice were either satisfied or very satisfied. Areas attracting the highest ratres of satisfaction included quality of work, flexible hours and autonomy. Areas of low satisfaction were the management envitonment, salary and mentoring. (NSW Government Lawyer. Vol 24 Jan - Mar 2002)

IN -HOUSE ADVOCACY PARTNERSHIP

A report on an interesting development in Essex in the UK where the Legal Departments of Basildon, Braintree, Chelmsford, Maldon and Uttlesford District Councils and of Essex County Council have united in a unique project which is providing a cost effective and quality advocacy service to the participating authorities. The project has the additional aims of promoting similar partnerships with other organisations with similar objectives; achieving and demonstrating best value; and developing and raising the profile of in-house legal departments and local authority advocates.(Noter Up. Issue 30. March 2002)

CODE OF CONDUCT FOR ELECTED MEMBERS.

An article on the provisions of the Local Government Act 2000, requiring local authorities to adopt a code of conduct for elected members. This provision, which requires authorities to adopt the statutory model code but allows them to add local provisions as long as they do not conflict with the model code, came into force on 5 May 2002 on which date the model code automatically applied if an authority had not by then approved its own code. (Noter Up. Issue 30. March 2002)

ANTI-SOCIAL BEHAVIOUR ORDERS

An article examining whether such orders are a useful tool in the fight against anti-social behaviour or an unworkable, expensive, bureaucratic nightmare. (Noter Up. Issue 30. March 2002)

ETHICAL CONSIDERATIONS IN PUBLIC SECTOR LAW

The ABA have launched a new interactive online format of their popular ethics CLE program. Using both hypothetical scenarios and public lawyer commentators, this program focuses on the unique ethical issues confronted by public sector lawyers. Access is by subscription.(Pass It On. Spring 2002. Vol 31. No.3)

1 February 2002

UK EMPLOYED LAWYERS TO GET ETHICS LESSONS

Winston Roddick QC, Counsel General of Wales and Chief legal Adviser to the Welsh Assembly is drawing up ethical guidance for employed barristers which will complement the Bar Council's ethical guidance. Commenting on this move Rosalind Wright, director of the Serious Fraud Office and Chair of the Bar Council's Employed Bar Committee said " We're trying to make ethics specific to the interests of the employed bar. They have a slightly different slant to their work than independent barristers, as employed barristers conduct litigation and act as legal advisers to their employers." The employed bar wants to highlight that its responsibilities are to the court as well as to their employers. (The Lawyer 21 January 2002)

UK GOVERNMENT LEGAL SERVICE

Since 1997 the Government Legal Service has grown considerably and many more lawyers are needed to cope, particularly with the growing volume of litigation. "The most significant and strategic issue now facing the agency [GLS] is how to respond to the continuing and considerable growth in the demand for its legal services" the Treasury Solicitor, Juliet Wheldon QC, has recently said. There are now 1574 Government lawyers spread across 40 departments and public bodies. (The Lawyer 28 January 2002)

EMPLOYED SECTOR LEGAL PRACTICE IN THE UK (see also 11 September item)

The Regulation Review Working Party (RRWP) of the Law Society of England and Wales has now published two consultation papers proposing in the one the abolition of the professional rule which prohibits fee sharing and in the other changes to the rules on conflict. The RRWP is currently reviewing and rewriting the rules and principles for professional conduct with a view to simplifying them and making them less burdensome.

The Local Government Group of the Law Society, representing over 3000 in-house local authority lawyers, has given its general support to these latest proposals which encourage deregulation provided clients' interests continue to be protected. The Group is also represented on the Employed Solicitors Group of the Law Society, representing solicitors in commerce and industry and law centres as well as local government, which is examining at the request of the RRWP Practice Rule 4 (prohibiting employed solicitors from acting for persons other than their employers) and also the Employed Solicitors Code which allows certain exceptions to this broad principle. The Employed Solicitors Group have provisionally concluded that there may be some scope for employed solicitors to act for members of the public in providing 'unreserved' legal services, such as the giving of legal advice which can be done by anyone at the present time. However, the Group has acknowledged that there may be some difficuties in applying certain of the client protections afforded by the present rules. (Noter Up No.29 December 2001)

MEDIATION CRUSADES LAUNCHED

The UK National Health Service has launched a massive push to reduce legal costs and arrive at earlier settlements by swapping mediation for litigation. Currently less than 1 per cent of cases go to mediation. The Alternative Dispute Resolution (ADR) Group has formed a strategic alliance with InterMediation to promote and facilitate the project and hope that in the long run it will be able to reduce significantly the 4bn currently spent in cases on compensation and legal fees.

The Law Society's Commerce and Industry Group, which represents 11000 in-house lawyers, is supporting the introduction of a similar scheme on a broader basis. The two mediation groups hope to reduce the volume of litigation outsourced by company in-house counsel to external firms by 10 per cent in two years. (The Lawyer 21 January 2001)

COMMONWEALTH LAWYER VOL 10 NO 3 DECEMBER 2001

Includes articles on "International Law and the Response to Terrorism", "Will the New Human Rights Legislation do More Harm than Good?", "Political Asylum in the UK: a Knowledge Black Hole" and "The Role of Judges and Lawyers in Evolving a Human Rights Jurisprudence: the Malysian Experience."

INTERNATIONAL BAR NEWS VOL 56 NO 1 JANUARY 2002

Includes articles on "Conflict of Interest; Towards an International Code", "The 'Rule of Law Index' and Other Human Rights Dreams", Lessons for Lawyers in the Fight against Terrorism" and "Challenging Global Terrorism: New IBA Task Force".

1 January 2002

USE OF EXTERNAL LAWYERS

A recent survey by the American Corporate Counsel Association (ACCA) revealed that in-house legal departments intended to cut spending on external lawyers and do more work themselves. The survey predicted a 4% decrease in spending on outside counsel for 2001 mirrored by a 5% increase on in-house legal department spending. Respondents to the survey said that they would most like the law firms that they used to be better at controlling legal spending and at forecasting their legal costs and outcomes. (The Lawyer 29 October 2001).

1 October 2001

ZIMBABWE

Time for pious platitudes to be replaced by implementation of principles says CLA. {CLA Clarion Vol 3 No 2 August 2001)

Canadian Bar Association calls on the Government of Zimbabwe to uphold the rule of law in their country. {CLA Clarion Vol 3 No 2 August 2001)

Zimbabwe and the Rule of Law: Summary of an IBA Report (The Commonwealth Lawyer Vol 10 No 2 Augusr 2001)

NEW MEMBERS OF THE CLA TEAM

The CLA welcomes Christine Amoh, who has taken over from George Okello as General Secretary; and also Graeme Mew, who has taken over from Katherine Keating as editor of Clarion. Graeme would be pleased to receive any items of potential interest to CLA members by email to GMew@Compuserve.com {CLA Clarion Vol 3 No 2 August 2001)

TERRORIST ATTACKS IN THE UNITED STATES

The CLA condemns stromgly these attacks and grieves with the American people, and the other nations, over the wanton deaths caused by these criminal attacks and calls upon the United Nations and the international legal community to act swiftly to put in place an effective legal mechanism to deal with the growing menace of cross-border terrorism. {CLA Statement 17 September 2001}

11 September 2001

MODERNISING THE LAW OF EVIDENCE

A Commonwealth Expert Working Group met in London in January 2001 to discuss the modernisation of the law of evidence. The Group considered and made recommendations for model legislation which could serve as a guide for individual Commonwealth countries in drafting their legislation. The experts looked at seven specific areas: business and banking documentation; the law of evidence relating to information technology; foreign evidence; video or satellite evidence in relation to persons outside the country; vulnerable witnesses; corroboration; and the use of DNA evidence. (Commonwealth News; also CLA Clarion Vol 3 No 1 March 2001)

A NEW APPROACH TO PUBLIC SECTOR MANAGEMENT

A brief report on a Conference in April 2001 on "Governance in the 21st Century" organised by the Commonwealth Association for Public Sector Management (CAPAM) and the School of Public Policy of the University of Birmingham in England addressed by Winston Cox, Commonwealth Deputy Secretary General in charge of development cooperation. (Commonwealth News)

AT THE HEART OF DEMOCRACY

The Commonwealth Local Government Forum, in its submission to the Commonwealth High Level Review Group, who are considering the role of the Commonwealth and advising on how best it can respond to the challenges of the 21st century, has called on Heads of Government to put local governmeent at the heart of democratic systems. (Commonwealth News)

RISK MANAGEMENT IN OUR WORK

A personal view by Stephen Neill. The article concludes: "The current policy climate requires that we risk manage our client outputs with our well-honed repertoire of skills. This means early intervention in putting their processes to proof." (NSW Governemnt Lawyer Vol 21 Feb - Apr 2001)

THE REGULATION OF SOLICITORS

A progress report on the review of The Employed Solicitors Code by the Regul;ation Review Working Party of the Law Society of England and Wales. A sub group has been set to consider the issues and its preliminary conclusions will be considered by the Working Party before the end of this year. (LSLGG Noter Up No.28 August 2001)

GOVERNMENT LIABILITY AND COMPENSATION

An article by Martin Gelpke of Buruma Maris, Netherlands on government liability and compensation as part of administration litigation. (IBA Committee 15 Government Lawyer No.5 May 2000)

EVOLUTION FROM REGIONAL MUNICIPALITY TO CITY

A paper by Eric Johnston, a Canadian member of the Association on "Municipal Restructuring in Ottawa-Carleton, Canada" delivered to a Weekend School for local government lawyers in Oxford in March 2001.

PUBLIC LAWYERS AND THE MODERN MEDIA

An article by Thomas Samoluk, on "Dealing with the Realities" with detailed guidance on developing a media policy and plan and on being prepared to manage a crisis. (ABA the Public Lawyer Vol 9 No 2 Summer 2001).

COMMONWEALTH LAWYER VOL 10 NO 1 APRIL 2001

Contains articles including "Elections and Democracy in Zimbabwe" by Rodger Chongwe, "Corporate Arrack on Freedom of Speech in Australia" by Janelle Saffin and "The Woolf Report:a Decade of Change" - an assessment by Lord Woolf.