No. ( 9 ) of 2008 Establishing and Regulating the Legal Advisors
Commission at the Shura Council
Refferring to the powers conferred upon us under Article No. 182 of the amended Legislative Decree No. (55) of 2002, regarding to the By-laws of the Shura Council and after obtaining the consent of the Council’s Office, hereby order as follows:
A commission shall be established at the General Secretariat of the Shura Council called (Legal Advisors Commission) reporting to the Chairman of the Council.
The Legal Advisors Commission is competent in particular to do the following:
1- Present advice, memoranda, reports and studies on legal matters to the Chairman of the Council, the Office of the Council and its committees and to the Council members.
2- One or more members of the Commission shall attend the meetings of the Council committees to express their opinion if so requested.
3- Prepare notes and write reports and studies within the competence of the Commission.
4- Prepare final versions of the resolutions passed by the Council with regard to the bills and draft laws, and prepare correspondence in respect thereof to His Highness the Prime Minister, Minister of Shura and House of Representatives Councils, Minister of the Prime Minister Court and the Chairman of the House of Representatives, as the case maybe.
5- Review the reports of the Council’s committees before they are submitted to the Chairman of the Council, if requested by the Chairman of the Committee.
6- Review the draft laws presented by the Council members and ensure that they fulfill the legal requirements before they are submitted to the competent committees of the Council if so requested by the Chairman of the Council.
7- Review the questions addressed by the members to the ministers and ensure they fulfill the legal requirements before they are submitted to the ministers.
8- Provide legal opinions to the Secretary General of the Council and to the Personnel Committee regarding the application of regulations and administrative regulations.
9 Train the Council’s employees on the matters that fall within the competence of the Commission.
The Legal Advisers Commission shall consist of a sufficient number of legal advisers. Any person appointed or entered into contract with to work as a legal advisor with the Commission must have, in addition to fulfilling the general conditions applicable to those working in public service, experience in the field of their specializations after obtaining bachelor degree or equivalent for a period of not less than fifteen years. For those who are holding master degrees in this field of their specializations, the period of experience shall be reduced by two years and for those holding PhD degrees the period will be reduced by four years. They shall be governed by the service regulations that are applicable to the other members of the General Secretariat. Non-Bahraini employees who are appointed under legal advisor contracts shall be subject to the service regulations that are applicable to the other members of the General Secretariat in addition to the rights and obligations stipulated in their contracts.
The Commission shall be assisted in carrying out their tasks by a sufficient number of legal researchers or specialists and administrative staff. They shall be subject to the service regulations that are applicable to the other members of the General Secretariat.
The Commission shall be chaired and represented towards the Chairman of the Council by the person who will be appointed by the Chairman of the Council from amongst its legal advisers, taking into considerations his academic qualification, seniority and years of experience. His duties shall include attending the general meetings of the Council and express legal opinions during the deliberations of members regarding the topics under discussion and with regard to the procedures to be adopted whenever he is so requested by the Council Chairman or the chair person.
The Commission shall not express any opinions in any subject except upon referral from the Chairman of the Council.
Opinions and consultations in the subjects referred to the Commission by the Chairman of the Council shall not be issued except in the name of the Commission and after deliberations among and with the approval of all its advisors. In case of tie, the Chairman of the Commission shall have a casting vote.
No member of the Commission shall express any opinion individually except when he attends the meetings of the committees or the Council and whenever an urgent opinion is required. However, this opinion shall match with those expressed by the Commission in the past. If the subject is disputable and have potential for more than one opinion, the matter shall be submitted to the Chairman of the Council who in turn shall refer it to the Commission in order for the latter to express an opinion with full consensus of all its members. All the members of the Commission shall be bound with this opinion and must defend the same.
All the members of the Commission are prohibited from disclosing confidential deliberations.
The Commission shall supersede the present Advisors Office and the positions of the present advisors shall be settled in accordance with the provisions of this Order.
This Order shall come into force with effect from the date of its issue.
Ali bin Saleh Al Saleh
Chairman of Shura Council