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Email: [email protected]
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Publications and Comments

Publications and Comments

This page gives details of recent events in my consulting, writing and training practices.

Practical Law (Thomson Reuters) published on 10 December 2015 a blog piece by me Brexit – A Parliamentary Counsel’s View.

My new edition of Jowitt’s Dictionary of English Law (4th Edition) is published in December 2015 – a particular pleasure is to have my son Yisroel as Assistant Editor for the first time.

On 16 November the National Assembly for Wales’ Presiding Officer, Rosemary Butler AM, presented to the Assembly’s Constitutional and Legislative Affairs Committee inquiry on the Draft Wales Bill her suggestions for improvements to the draft Wales Bill; the Assembly’s website says “The alternative drafts have been worked up by a former parliamentary drafter, and internationally-recognised expert on legislative drafting, Daniel Greenberg, in conjunction with the Assembly’s own lawyers”.

In November 2015 I returned from a two-week mission to Albania on behalf of EURALIUS IV “Consolidation of the Justice System in Albania”.  I was drafting a consolidated version of the Law on the Self-Governing Bodies in the Justice System, drafting law on aspects of the justice system, and advising on constitutional amendments.

My editorial The Evils of EVEL was published in the Statute Law Review vol.36 No.3 in October 2015, exposing the inadequacies of the Government’s attempt to make major constitutional reform by altering the House of Commons’ Standing Orders.

My Third Cumulative Supplement to the Eigth Edition of Stroud’s Judicial Dictionary was published in October 2015.

In October 2015 the Constitutional and Legislative Affairs Committee of the National Assembly for Wales published its Report Making Laws In Wales – the 110 page report contains 34 recommednations for different aspects of the legislative process in Wales.  I advised the Committee on its work (see Chapter 1, para.6).

The Constitution Reform Group published its Discussion Paper Towards a New Act of Union in September 2015; I am a member of the Steering Group of the CRG and drafted the paper in consultation with members of the Steering Group and correspondents.

In August 2015 I was quoted in the Law Society Gazette in their article “Tide of Legislation defeats deregulation drive” on the increase in new laws introduced in the UK.

On 19th June 2015 the Jewish Chronicle quoted my submission to the Department for Education on behalf of a client, dealing with the legal status of certain Jewish educational establishments.

The Politics Plus Blog carried my Reflections on the Consideration Stage of the Justice Bill on 4 June 2015 in the Northern Ireland Assembly, following a reference to my work with the Justice Committee by the Minister of Justice.

The Sunday Times on 24th May 2015 covered a Centre for Policy Studies paper on Pink Planning, authored by me and Keith Boyfield – the idea is to provide a light-touch deregulatory system for large-scale residential developments.  The CPS papers are available here.

On 18th May I attended the launch of the Bill implementing the Stormont House Agreement which I am drafting as part of a committee organised by the Committee on the Administration of Justice together with Queen’s University and Ulster University – you can see relevant papers here.

I spoke at the seminar entitled “Clarification and easification of legislative drafting” held at the Institute of Advanced Legal Studies, University of London on 25 March 2015, a joint project of the Sir William Dale Centre at the IALS, Clarity, the International Association for Plain Legal Language and Dipartimento di Studi e dell’Integrazione Internazionale (DEMS) – University of Palermo.    In a deliberately provocative presentation I explored whether the plain language movement has anything useful to contribute to the development of legislative drafting, and whether the risks of leaving readers thinking they have understood more than they have outweigh the possible benefits.

Based on a talk I gave to a charities seminar, my A guide to lobbying: Ten tips for legislative lobbying in the new Parliament was posted on 4 March 2015 as a blog on the Civil Society website.

I was interviewed on Radio 5 Live on Monday 2 March 2015 about the Liberal Democrat’s refusal to allow the Medical Innovation Bill to be debated in the House of Commons; followed by a local radio interview on Friday 6th.

For Holocaust Memorial Day 2015 on Tuesday 27 January 2015 I took part in an event organised by the Centre for Democracy and Peace Building in Belfast: “Ethics of Memory and Community Recovery: John F. Larkin, QC, Attorney General for Northern Ireland in conversation with Lord Alderdice and Daniel Greenberg”; you can read accounts of the event here or here

Holocaust Memorial Day 2015 ICR Event_edited

I was invited to give written evidence to the House of Lords Delegated Powers and Regulatory Reform Select Committee’s Inquiry into the Quality of Delegated Powers Memoranda.  Their Special Report published on 31 July 2014 (2014-15 HL Paper 39) includes references to my evidence, which is separately published.

On 29 April 2014 The Times published a letter from me as Parliamentary Counsel to the Medical Innovation Bill Team, responding to a previous letter expressing criticisms of the Bill.

On 17 March 2014 I gave a lecture to the Statute Law Society at the Institute of Advanced Legal Studies entitled Dangerous Trends in Modern Legislation.

David Feldman’s book Law in Politics, Politics in Law in the Hart Studies in Constitutional Law series, which came out in January 2014, contains a chapter by me entitled The Realities of the Parliament Act 1911.

In October 2013 I conducted a series of seminars on legislative drafting and statutory interpretation for the Office of the Attorney General of the Union of Myanmar, organised by the United Nations Development Programme.

Union of Myanmar

On 3rd October 2013 I was the guest speaker at the Attorney General of Northern Ireland’s Legislation Colloquium on the theme of Getting Legislation Right.

My role as draftsman of amendments to the Mesothelioma Bill for the British Lung Foundation was referred to in the House of Lords by Lord Alton and Lord Pannick QC at the Report Stage Debate on 17th July 2013.

I took part in a public debate with Dayan Lichtenstein and Rabbi Michael Pollack in July 2013 on the subject of whether rabbinic authority can be restored after recent events in the UK and abroad – you can see a brief account of the debate on the United Synagogue website.

The First Report of Session 2013-14 of the Political and Constitutional Reform Select Committee of the House of Commons – “Ensuring standards in the quality of legislation” (HC 85) 20 May 2013 – quotes my oral and written evidence to the Committee in a number of places.  Click here to see the Report on Quality of Legislation and the Report on Quality of Legislation Additional Evidence.

The Financial Times ran a report about the volume of legislation on 6th May 2013 which quotes me as the author of a report on recent developments; you can read the report by clicking on the picture below; the story also ran on the Global Legal Post.

The newspaper of the Falkland Islands – Penguin News – carried a report on 22nd February 2013 about my visit to the Islands as part of the preparation of a report, commissioned by the Attorney General of the Islands, into the revision of their legislation.

My role as draftsman to the Hacked Off group for their draft Bill to implement the Leveson Report into press intrusion was mentioned on the BBC news website, in the Guardian and in various other papers and sites on 6th and 7th January 2013.

I gave a public inaugural Wilmot Lecture at Derby University in November 2012.

The New Law Journal carried a comment article by me on 26th October 2012 called How to Stem the Flood? Lawyers & citizens suffer from the rush to legislate.

Accountancy Age carried a piece by me and a BLP colleague on 23rd October 2012 called GAAR proposals could be unconstitutional.

The Times online published a piece by me on 6th September 2012 entitled Lawyers and citizens suffer from rush to legislate; for non-subscribers, the text has also been published by the London Criminal Courts Solicitors’ Association.

On 10th May 2012 I gave oral evidence to the House of Commons Political and Constitutional Reform Select Committee in their inquiry into the quality of legislation.  This followed my written evidence to the inquiry.

On 31st October 2011, I was quoted by The Guardian in their lead story on Prince Charles and his influence on legislation.

Carolyn Quinn interviewed me for BBC Radio 4′s Westminster Hour on 13th February 2011 – How to Make a Law.

I gave written and oral evidence to the National Assembly for Wales’ Constitutional Affairs Committee’s Inquiry into the Drafting of Welsh Government Measures.  My oral evidence session was on 3rd November 2010.  The Committee’s Report of February 2011 draws on my evidence in a number of places.

In 2010 I gave a seminar to the Centre for Forensic Linguistics at Aston University and recorded an interview about the illusion of plain language in legal contexts.