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46. It is important for the Law Commission to do sufficient preparatory work at the
beginning so that realistic and attainable deadlines can be set for the work
programme.
47. It is recommended that the Memorandum of Understanding between the
Government and the Law Commission be revised so that it lays down a more
specific system to deal with any revision of delivery dates. This is currently
contained in Part 4 of the Memorandum of Understanding.
48. The Commission has about 30 items on its current work programme. Its focus
would improve and the timelines problem would be assisted if the number of
projects were halved. That is recommended.
Policy Advice from the Law Commission
49. The Law Commission needs to build up knowledge of the literature and
expertise in the technique of policy advice. When it comes to recommending
what the law ought to be rather than what it is, the techniques of policy analysis
are rather different from the techniques of legal analysis. The fact that the
intellectual processes are different has quite a lot to do with why the Executive
Government has had trouble digesting some of the Law Commission Reports.
Independence versus Working in Alignment with Government Process
50. The Law Commission is independent. Its independence ought not to be
reduced. But it must also work closely with Government. There are tensions in
this relationship. The closer the Commission gets to Government, the more
imperilled its independence. The more the Commission exercises its
independence, the less likely its proposals are to find favour with the
Government of the day.
51. The constitutional dilemma between independence and effectiveness is a
question of balance in the end. The Commission should not become part of the
Executive arm of Government but it does need to show sensitivity to the
legislative aims of the Government of the day and to help fashion proposals that
the Government is interested in advancing.