Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Implementation of Law Commission proposals

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The third report on the implementation of Law Commission reports was published in January 2013. It makes pretty sorry reading.

It is noted that “the new House of Lords procedure for Law Commission Bills is proving to be effective in implementing uncontroversial changes. The Consumer Insurance (Disclosure and Representations) Act received Royal Assent in March 2012 and the Trusts (Capital and Income) Bill completed its passage through Parliament on 7 January 2013, both of which followed the new procedure.”

But apart from these triumphs, the report also states that while “Considerable progress has been made by the Government in taking forward many of the Law Commission’s recommendations during the reporting period …it has  unfortunately not been possible to complete the implementation of any of the Commission’s reports since the previous report to Parliament.”

The only piece of good news is that the report also states that no Commission reports have been rejected.

The Government’s excuse is that it has to focus on dealing with economic matters, and therefore this reduces the priority for law reform. But this argument does not consider whether there may be economic savings to be made if the law was made more rational. There must surely be a limit to the ability of Governments to praise the quality of Law Commission work, and make so little response to it?

The full report (and it is not long) is at http://www.justice.gov.uk/downloads/publications/corporate-reports/MoJ/law-commission-proposals-report.pdf

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Written by lwtmp

March 8, 2013 at 3:02 pm

Posted in Chapter 4

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