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require this to happen. This will ensure that Law Commission Reports are not
left languishing for years unaddressed.
42. For major projects, the Attorney-General should take Cabinet Papers to Cabinet
setting out the policies of the Law Commission after the first phase of its
consultations and work. If the first phase receives approval from Cabinet,
drafting could proceed on instruction from the Law Commission. Other policy
analytical processes that may be required within the Government can be carried
out as the Commission completes its final Report, accompanied by a draft bill.
This recommendation will prevent resources being used on projects that will not
be legislatively advanced.
Use of Parliamentary Counsel Office
43. The Government should support the efforts of Parliamentary Counsel Office to
provide a Parliamentary Counsel to draft Law Commission projects into Bills
for introduction. This way the Government will have the assurance that law
reform measures have been effectively thought through and are professionally
drafted. This step should improve the take-up rate of Law Commission Reports.
44. With the greater involvement of Parliamentary Counsel Office in the drafting of
the Commissions proposals, the Govern ment would have confidence that its
legislative requirements were being met, and they would not need to be second-
guessed again within the Executive Government. If a practice of this sort were
adopted as a matter of routine, it would be possible to secure a series of Law
Commission Reports with draft Bills attached that would be ready for
introduction.
Timeliness of Reports
45. No Law Commission Report should take more than five years to produce; few
should take as long as that. One of the main criticisms made of the Commission
has been the extraordinarily long period that it has taken to complete some of its
references and its lack of timeliness in the production of its work.