Build the muscles that make laws work

Secretary General of the Ministry of VSA Joy Arnell should be commended for initiating legislative writing training inside the Ministry of VSA, and Minister Richinel Brug should be appreciated for backing it (see related story). St. Maarten has very few legislative writers in the public service. Parliament itself has none. In that context, this program is more than a human resources exercise. It is a practical step toward a government that can translate policy into clear, workable law.

There is a common misconception that lawmaking is solely Parliament’s job. Parliament debates, amends, and approves legislation, but high quality drafts must, at times, first be prepared by the executive. Ministries identify problems, design policy, consult stakeholders, and produce draft ordinances, decrees, and explanatory notes for the Council of Ministers and the advisory bodies. If that upstream work is weak or outsourced without internal ownership, the result is implementation headaches after a law is passed.

Training civil servants to write legislation in house brings several concrete benefits. First, it improves speed and predictability. Skilled drafters embedded in a ministry can move from policy idea to a coherent draft more quickly, and can revise promptly when the Council of Advice or Parliament requests changes. Second, it raises quality. Writers who work daily with the ministry’s programs understand the operational realities and can draft provisions that agencies can actually execute. Third, it builds institutional memory. Capacity that lives inside the service survives cabinet changes and reduces dependence on consultants who leave once a contract ends. Fourth, it lowers long term costs by reducing rework and shortening the journey from problem to enforceable solution.

The VSA program appears designed with these goals in mind. When ministries possess drafting skill, they can prepare stronger impact analyses, anticipate compliance burdens on businesses and nonprofits, and align new rules with existing ordinances to avoid contradictions. That improves legal certainty for everyone, from inspectors to employers to citizens.

This effort should not be isolated. Other ministries would benefit from similar training tracks. A small jurisdiction must be smart about where it builds depth. Legislative writing is one of those places because its effectiveness multiplies.  

Parliament, for its part, will still do what only Parliament can do. It will scrutinize drafts, propose amendments, and decide. Its work is easier and more effective when the executive sends clear, coherent legislation with solid justifications. Better drafts invite better debates and better laws. Everyone gains.

Credit where it is due, then. Joy Arnell’s push to professionalize drafting inside VSA, and the Minister’s support for it, set a useful precedent. If the program delivers on its promise, the public will see the difference not in headlines, but in clearer rules, smoother implementation, and services that function as intended. That is how trust is rebuilt.

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