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28.
Appraisal of Schemes of Service
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Schemes of Service for each category of Civil Servant need to be drawn up with a view to establishing qualifications and career structure of each cadre of the Service. This is a job for an expert in establishment matters and it is proposed in 1981 to get such an expert From the UK to carry out this project on a short term TC consultancy.
29.
Law Reform, Consolidation and Revision Consolidation a
The Laws of Montserrat were last revised in 1962 and since then a great deal of primary and subsidiary legislation has been enacted, amended and repealed, with the result that laws are in a confusing state, with many
A
anomalies; consequently, because public business is founded on law, these deficiencies detract from public service efficiency. Law reform, consolidation and revision are therefore an essential ingredient in the process of improving Public Service efficiency as a whole.
30.
Revision of the Laws involves consolidating them and publishing a revised edition. But many of Montserrat's laws are in need of modification and adaptation to suit present day circumstances and usage, and others are so archaic as to require repeal. It would be both costly and pointless to include such outmoded laws in a new edition. The first step must therefore be law reform, which basically involves a weeding out of those lawe that are of no real application, adapting laws and regulations to modern usage, amending those which are anomalous or inconsistent with other laws, and consolidating those laws that need it. This is a lengthy process, but an essential one in our circumstances in order to clean up the present legal morass before proceeding to the final revision and publication of a new edition of the Laws of Montserrat.
31.
A considerable reform and one which would lead to much needed clarification of the criminal law would be the enactment of a Penal Code and Criminal Procedure Code, as has been done recently in the Cayman Islands, with considerable success and acclaim. This would consolidate into two major pieces of law, a multiplicity of acts and ordinances that deal with crime and criminal procedures, clearing from the Statute book many individual pieces of criminal legislation, thereby making reference to the criminal law and its procedures much quicker and easier than at present.
32.
The following is the programme of law reform, consolidation and revision, phased over about 3 years and to
by the Attorney General:
be cred
•
a) Step 1: drafting of a Penal Code and Criminal Procedure Code. This in it- self is a major reform and consolidation, and many of the existing laws will be absorbed into and form part of these new pieces of legislation. It is suggested that the Cayman's legislation be used as a model.
b). Step 2: comprises 3 parts:
1.1)
i) to comb existing legislation and
/submit..
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