Apolitical: “The team working to drive New Zealand’s government into the digital age believes that part of the problem is the ways that laws themselves are written. Earlier this year, over a three-week experiment, they’ve tested the theory by rewriting legislation itself as software code.…
The team in New Zealand, led by the government’s service innovations team LabPlus, has attempted to improve the interpretation of legislation and vastly ease the creation of digital services by rewriting legislation as code.
Legislation-as-code means taking the “rules” or components of legislation — its logic, requirements and exemptions — and laying them out programmatically so that it can be parsed by a machine. If law can be broken down by a machine, then anyone, even those who aren’t legally trained, can work with it. It helps to standardise the rules in a consistent language across an entire system, giving a view of services, compliance and all the different rules of government.
Over the course of three weeks the team in New Zealand rewrote two sets of legislation as software code: the Rates Rebate Act, a tax rebate designed to lower the costs of owning a home for people on low incomes, and the Holidays Act, which was enacted to grant each employee in New Zealand a guaranteed four weeks a year of holiday.
The way that both policies are written makes them difficult to interpret, and, consequently, deliver. They were written for a paper-based world, and require different service responses from distinct bodies within government based on what the legal status of the citizen using them is. For instance, the residents of retirement villages are eligible to rebates through the Rates Rebate Act, but access it via different people and provide different information than normal ratepayers.
The teams worked to rewrite the legislation, first as “pseudocode” — the rules behind the legislation in a logical chain — then as human-readable legislation and finally as software code, designed to make it far easier for public servants and the public to work out who was eligible for what outcome. In the end, the team had working code for how to digitally deliver two policies.
A step towards digital government
The implications of such techniques are significant. Firstly, machine-readable legislation could speed up interactions between government and business, sparing private organisations the costs in time and money they currently spend interpreting the laws they need to comply with.
If legislation changes, the machine can process it automatically and consistently, saving the cost of employing an expert, or a lawyer, to do this job.
More transformatively for policymaking itself, machine-readable legislation allows public servants to test the impact of policy before they implement it.
“What happens currently is that people design the policy up front and wait to see how it works when you eventually deploy it,” said Richard Pope, one of the original pioneers in the UK’s Government Digital Service (GDS) and the co-author of the UK’s digital service standard. “A better approach is to design the legislation in such a way that gives the teams that are making and delivering a service enough wiggle room to be able to test things.”…(More)”.