16
Timeframes for implementation will frequently be frustrating. A superb report was
published on reform of our property law 10 years ago51. Because it is not a politically
attractive or high-profile area of the law, this has been left to languish. I am confident
that one day the fruits of it will emerge in the same way as the monumental task of
evidence law reform (carried out in the late 1990s) has been critical in the framing of
an Evidence Code which we are told is due to be introduced into Parliament this year.
An aside. There can be a temptation for government to refer to a Law Commission
matters that are in the too hard basket. There will be issues about which there is
controversy and emotional division. The Law Commission can be seen as a handy
parking place or at least a safety valve. This can lead to unhealthy pressure and
explosive tension, particularly if the subject is one which gets near to the party political
agenda.
Law Commissions must ensure that they stick to their knitting and do not become used
as a dumping ground. Basically I suggest they should be proactive rather than reactive.
So much law change is driven by political necessity, perceived electoral advantage and
special interest pleading. There are abundant opportunities for reactions to those
criteria. For Law Commissions to justify their existence, they must be in a different
league. Unless we can demonstrate that we can add value to the society in which we
operate, we can hardly expect the continuation of funding streams.
What is our knitting?
What would I see then as the fundamental requirement for selection of work to be
undertaken?
51
Above 43