Strengthened disciplinary and accounting regimes to keep attorneys in check– AG
Attorney General and Minister of Legal Affairs, Basil Williams
Attorney General and Minister of Legal Affairs, Basil Williams

ATTORNEY-GENERAL and Minister of Legal Affairs Basil Williams believes that Legal Profession Legislation will serve to strengthen the disciplinary and accounting regimes, thereby keeping attorneys in check.
Speaking at the opening of the meeting of the Business Names Legislation and Legal

Regional Project Director of the IMPACT Justice project, Professor Velma Newton

Profession Legislation Committees of the Canadian government-funded Improved Access to Justice in the Caribbean (IMPACT Justice) project here on Wednesday, Williams noted that the project was beneficial not only to Guyana but to the the Region also.

According to Williams, the drafting of a gender-sensitive model Legal Profession Act with a revised Code of Ethics, disciplinary and accounting procedures and provisions for continuing legal professional development is important.
He said the fact that legal minds across the Region were being sensitised about the benefits of continuing legal professional development, is a step in the right direction, while noting that the legislation is designed to strengthen the disciplinary procedure and accounting regimes of the legal profession.

The specific project, he noted, was geared at helping governments inform policy-making.
“The preparation of model legislation is very important,” said Williams, who outlined that he was honoured that IMPACT Justice had taken the lead role.
“A strengthened disciplinary and accounting regime will act as a check on attorneys and ensure that the services that attorneys are providing to persons are fair, efficient and in the best interest of clients,” said the attorney general.
He said too that capacity-building was critical and would see the growth and development of the legal fraternity across the Region.

A section of the audience gathered at the IMPACT Justice Committee meetings on Business Names Legislation and Legal Profession Legislation held at the Pegasus Hotel, Georgetown, Guyana.

Additionally, he stressed the importance of continuous legal training, noting that it was necessary to ensure that attorneys were up to date with best practices and knowledgeable in every aspect of the law that was relevant to their practice.
“The law is continuously changing to meet the needs of society and we as lawyers must be abreast with all changes and adapt, so that we may be of better service to society. We must constantly seek to build our capacity within the profession so as to improve our services,” he remarked, while noting that capacity-building of legal professionals was paramount to the growth and development of improved legal services.

Business Names and Trademarks Legislation
Meanwhile, with respect to the Business Names and Trademarks Legislation in the Region, the attorney general said the intention was to have the Region’s registries integrated, so that each territory would be able to pull information needed.
He said the legislation sought also to coordinate business activities within CARICOM. “The Model Business Names Bill seeks to replace and harmonise the Business Names Legislation across the Region so as to create a standard system for the registration of business names; a system that is simple and efficient for consumers so as to encourage and foster economic growth.”

Williams said too that the commercial sector contributed greatly to the economy of our countries “and therefore any step that seeks to improve the services that our countries provide to investors, entrepreneurs and any other person using these services is most welcome as this will only spur further economic growth.”
Several other model legislations were drafted by IMPACT Justice for CARICOM member states in the areas of Major Organised Crime, Sexual Harassment, Community Mediation, Model Business Names, and Trademarks, among others.

Representatives of the Attorney General’s Chambers sit on most of these committees established to prepare drafting instructions for the model legislation and according to Williams, “It is a task that is not taken lightly, as we understand the importance of capitalising on the opportunity to take part in the process of enhancing legislation to strengthen our legal framework which is essential, as the stronger our legal framework, the more efficient it will be at addressing the needs of the Caribbean community.”

The Community Mediation Bill was finalised at a committee meeting held in Guyana and in June 2017, and was approved by the Caricom Legal Affairs Committee as a Caricom Model Bill. The Bill will aid in strengthening the legal framework as it relates to mediation services by providing a standard model Bill that member states may utilise to enhance the mediation services provided by their respective countries with a view to enhancing access to justice.

Additionally, the attorney general also highlighted a number of initiatives with which IMPACT Justice has assisted the Region with the aim of improving the justice sector. “Access to justice is paramount to upholding the rule of law,” he said, while emphasising the need for the justice sector to provide fair services that promote access to justice.
“The work of IMPACT Justice is essential to the Region”, Williams added. Guyana, like other territories has benefitted from legal materials through the project. The University of Guyana and the Attorney General’s Chambers have benefitted from the initiative. Over 244 books were given to the UG library while the AG’s Chambers received books on oil and gas.

Alternative Dispute Resolution
Additionally, the attorney general referenced the training of persons in Alternative Dispute Resolution (ADR), while noting that it is one proven method of improving justice, as it is cheaper and faster.
“It is therefore paramount that there be increased training and public awareness of this mechanism so that persons are sensitised to ADR and its benefits, so that its use may be increased,” he said, while adding that IMPACT Justice began training persons for community mediation in October 2016 and has conducted several training sessions with Guyanese from different areas in the justice sector.

Police officers, probation officers, child care protection officers, social services officers and community leaders from the Ministry of Social Protection and from the 10 regions of Guyana were trained to be mediators.
“This training will greatly enhance the quality of services that these professionals offer to the public and with continued training, these professionals will be better equipped to resolve disputes and conflicts.”

Williams thanked the Canadian Government for its assistance with the project as countries such as Guyana are benefitting significantly.
Meanwhile, Jan Sheltinga, Counsellor, Development Cooperation, High Commission of Canada, delivered remarks on behalf of Canadian High Commissioner to Guyana and Suriname Pierre Giroux. She said the Project forms part of a larger framework of the Canadian government’s commitment to fostering socio-economic development of the Caribbean Region.

“This meeting of the committees represents a significant milestone for the project,” she said, while noting that significant progress has been made in relation to the Key Model Legislations. Sheltinga urged the legal minds gathered to use plain, modern and gender-neutral language in all legislation created.
Meanwhile, Professor Velma Newton, Regional Project Director of the IMPACT Justice project provided a report on the progress of the project. She noted that the objective of the project is to ensure that women, men, boys and girls in the Caribbean bloc are able to access justice.

She said significant inroads have been made in the process, but noted that more work needs to be done. The three-day meeting has benefitted from the input of representatives of the Caribbean Community (CARICOM) Secretariat, the University of Guyana, the Guyana Bar Association and attorneys among other stakeholders.
The meeting which concluded on Friday was geared at finalising a Draft Model Business Names Legislation and a Draft Model Legal Profession Legislation for adoption by CARICOM Legal Affairs Committee as CARICOM model Bills.

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