As mentioned in the previous sub-section, proposals that will (or might) involve legislation must be submitted to be considered and approved by Cabinet unless only minor, technical amendments are proposed.

Where a Ministry considers it necessary to propose major amendments to existing legislation or to introduce new legislation, that Ministry must, by way of a submission to the Cabinet, seek the approval of Cabinet for the main features of the legislation and the underlying policy. This ‘policy submission’ should be prepared and considered by the Cabinet before detailed drafting begins on the proposed legislation.

A Cabinet submission proposing new legislation or legislative amendments shall be in the same format as other submissions (see section 5.2). It shall explain why legislation is necessary, what options have been considered (including any non-legislative options), the likely impact of the proposed legislation and financial implications. The submission should also meet the other requirements for a Cabinet submission set out in section 5.2 and Annex 1. The submission, if approved by the Cabinet, will form the basis of the drafting instructions for the Bill.

A Ministry proposing legislation that may impact the responsibilities, activities or operations of other Ministries or agencies of Government has an obligation to consult with those Ministries or agencies prior to submitting its proposals to Cabinet.

Cabinet may require a Ministry proposing legislation to hold consultations with persons or organizations external to the Government, including employers, unions, community groups, women, the disabled and special interest groups prior to reaching a decision on the legislative proposal (see section 6.2).

If Cabinet agrees to a recommendation to introduce legislation, the responsible Ministry shall then prepare formal drafting instructions to the Ministry of Legal Affairs (specifically to the Attorney General) consistent with the policy submission and Cabinet’s decision to enable the proposed legislation to the drafted. To avoid wasted effort, bills shall not be drafted before Cabinet’s consideration of the policy issues, except where the Minister for Legal Affairs has agreed that urgent amendments are required.

The Cabinet Office and the Ministry of Legal Affairs will provide detailed guidance to Ministries on the preparation of legislative proposals and legislative drafting instructions.

In some cases, where a draft Bill has been prepared in accordance with the policy decisions of the Cabinet, the responsible Minister and the Minister for Legal Affairs may agree to submit the Bill to the Parliament without further consideration by Cabinet. However, where significant policy issues have arisen during drafting or during consultation on the Bill, or where Cabinet has so directed, the draft Bill shall be submitted for explicit Cabinet approval before introduction into the Parliament.