4
Establishment of an independent law reform body, with expert commissioners
appointed for fixed terms to lead projects, is in line with the practice in most
similar jurisdictions. Recognition of the shared basis of law in Commonwealth
countries, and commitment to consistency of approach and international quality
standards in law reform, have forged strong links between law commissions
internationally. An association of Law Commissions, the Commonwealth
Association of Law Reform Agencies, with 20 member countries, was formally
established in 2003. (See Appendix One for a list of law reform bodies similar to
the Law Commission).
5
Sir Geoffrey Palmer in his review of the Law Commission in 2000 gave a positive
endorsement of its contribution but recommended some changes to align its
operation more effectively with the law reform objectives of the Government of
the day.2 Sir Geoffrey looked at the implementation rate of Law Commission
reports in terms of legislation passed, and found that legislation was under
consideration by Government in relation to almost all reports but had only been
passed in response to 48% of them.
6
Sir Geoffrey regarded it as important to increase this rate and made a number of
recommendations to that end. Changes as a result have included a Cabinet
directive that a Government response should be tabled within six months of
publication of a Law Commission report; the appointment of a separate Minister
Responsible for the Law Commission; and regular scrutiny by the Justice and
Electoral Select Committee of Governments uptake of Law Commission
recommendations. The Law Commission has also worked more closely with
Government in the selection of topics and the completion of projects, thus
enhancing the probability of implementation.
7
As at 2005, there have been 71 final reports since the inception of the Law
Commission,3 53 of which have contributed, or are contributing, to Governments
policy and legislative programme.4 While this may be a less rigorous test than
was applied by Sir Geoffrey, it certainly suggests significant improvement in the
impact of Commission reports since his report was written. However, the
influence of a Law Commission report on subsequent legislation can be difficult
to assess without detailed analysis, and as Sir Geoffrey said, it is vital to observe
that enactment is not the only measure. Ultimately, the success of the
Commission in contributing to policy making is determined by the extent to which
it both influences law reform and fosters public understanding of the need for that
reform.
8
The Crown Entities Act 2004, which establishes consistent governance
relationships between all crown entities and government, now applies to the Law
Commission except to the extent that the Law Commission Act expressly
2
Rt. Hon Sir Geoffrey Palmer; Evaluation of the Law Commission, Report for the Associate
Minister of Justice and Attorney-General Hon. Margaret Wilson; 2000.
3
This number excludes 55 preliminary reports, 15 study papers and 12 miscellaneous papers
(the latter all between 1996 and 1999), which do not have recommendations for
Government.
4
Five reports either did not make recommendations or the recommendations did not relate to
the Government and in nine cases Government has said further work will proceed when
there is capacity to do so. Only in four cases is no further work currently envisaged.