provides otherwise. Several minor changes to processes are being implemented in
compliance with the timeframes required by the statute.
The Role of the Law Commission
9
The Law Commission, as an independent and specialist law reform agency, is able
to take an inclusive, objective and professional approach to reform of the laws that
govern society. It is particularly suited to topics where independent, non-partisan
investigation would assist in establishing the credibility of law reform proposals,
or where collaboration or consultation with a wide range of stakeholders is
needed.
10
Specialist legal topics, that require close consultation with the legal profession or
a particular industry, often have these attributes - for example, the Review of the
Life Insurance Act 1908 published in 2004 and the Review of Part 14 of the
Customs and Excise Act 1995 due to be published in October 2005. So too do a
number of social policy issues requiring broad and open consultation - for
example, the issues addressed in Delivering Justice: Review of Courts and
Tribunals published in 2004 and New Issues in Legal Parenthood published in
2005.
11
Projects undertaken by the Commission are usually substantial, possibly involving
new concepts or fundamental review, which government agencies are sometimes
unable to undertake because of time constraints and the electoral cycle. Projects
can run from six months to two or three years, or occasionally even longer where
the area under investigation is large and complex.
12
Since the beginning of this financial year, the Law Commission has also been
providing reports on new legislation to the Legislation Advisory Committee
(LAC), assessing government bills for compliance with the guidelines published
by LAC. The commission has agreed to provide the resource equivalent of .5 of
an FTE for this purpose.
13
The appointment of a Minister Responsible for the Law Commission has led to a
better understanding of the Law Commissions particular contribution to law
reform, and to the development of an improved process for selection of projects.
The process recognises the Law Commissions independence and specialist
capacity, as well as the need for its projects to contribute to Governments overall
strategic outcomes and priorities.
14
The Cabinet Office Circular that invites Ministers to submit proposals for possible
inclusion in the Law Commissions annual work programme now includes criteria
that clearly differentiate the Commissions contribution from advice provided by
core government agencies, and reflects the particular niche the Law Commission
occupies in law reform. All proposals, from whatever source, should be assessed
against these criteria.