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223. The Law Commission has its own bank accounts and the withdrawal or payment
of money from the account is authorised in such manner as the Law Commission
thinks fit.
224. The Law Commission is a Crown entity for the purposes of the Public Finance
Act 1989. The Audit Office audits the annual financial statements of the Law
Commission (First Schedule, clause11).
Analysis of the Law Commission’s Independence
225. On the face of the Law Commission Act the extent of the Law Commission’s
independence is uncertain. This is illustrated by the following chart:
INDEPENDENT
NOT INDEPENDENT
President of the Commission is a
Judge
or
retired
Judge,
or
Barrister/Solicitor of the High Court of
not less than 7 years' practice
Minister recommends appointment of
Commissioners
Salaries set by Higher Salaries
Commission
Money for Commission appropriated
by Parliament
Commissioners may only be dismissed
for statutory reasons
Commission must report as a Crown
entity under the Public Finance Act
1989
Commission may initiate own reviews
of the law
Commission must review any aspect
of the law requested by the Minister
and afford that review the priority
requested by the Minister
Commission controls own bank
accounts, employees and proceedings
Commission must submit annual
work programmes to the Government
Commissioners and employees are not
governed by the State Services Act or
the Government Superannuation Act
Commission is reliant on the
Government for the implementation
of its recommendations
226. The Law Commission does have substantial independence from the Executive
Government. It is not subject to ministerial responsibility in the classical sense.
The Commissioners are not public servants; neither should they be.
227. But, at the same time, the Law Commission needs to have a strong relationship
with the Executive Government since under the Westminster system of
Government that we have the Executive Government is the most important
initiator of legislative activity. Most Law Commission projects involve
