ACHIEVING A BETTER RELATIONSHIP BETWEEN THE LAW
COMMISSION AND THE EXECUTIVE GOVERNMENT
355. There are three legs to the tripod that is being recommended to ensure that the
work of the Law Commission and the Law Commissions re lationship with
Executive Government is more effective in the future than it has been in the
past:
(a) The first is that there be a Minister in charge of the legal system,
including law reform, and that Minister be the Attorney-General.
(b) The second is that Law Commission Reports should be responded to
by the Government within six months of being tabled in the
Parliament indicating what its policy is on them.
(c) The third is that drafting resources should be provided by
Parliamentary Counsel Office to the Law Commission on the basis
proposed by Chief Parliamentary Counsel that will facilitate
increased parliamentary consideration of the Law Commissions
proposals.
356. In the evaluators mind, the essence of the relationship that the Law
Commission needs to develop with the Executive Government is best summed
up in the written remarks given by George Tanner, the Chief Parliamentary
Counsel. He said:
To be effective, a law commission needs to be well resourced and able to operate
outside government but, at the same time, work closely with government in
promoting law reform. It needs the support of government. It also needs to have
access to the resources that the government has available to it at both the policy
and legislative drafting levels. Without this, implementation becomes, at best,
problematic. A degree of liaison and interaction with government need not be
seen as compromising independence.
357. Relationships between the Law Commission and the Executive Government are
reciprocal. It requires goodwill on both sides for the relationship to improve. It
also requires the requisite knowledge on both sides.