18
The Commission can also put forward proposals arising from its own awareness
of important law reform issues or from suggestions received from the public, legal
practitioners, judges or Government agencies. However, the vast majority of
projects on the work programme in recent years have been references from
Government. Self-referred topics are uncommon, and are discussed with the
Minister in advance before incorporation into the agreed work programme.
19
When Ministers and their agencies were asked to put forward possible projects for
the work programme in May 2005, the response was disappointing. As a result, it
was agreed that a further cabinet office circular should be sent to new ministers
after the election, with a view to adding further projects to the work programme
for the second half of 2005/06.
20
Discussions between the Minister, Commission and officials about the work
programme focus on the appropriateness of particular projects in terms of the
agreed criteria, the capacity of the Commission to undertake them and their terms
of reference. Although some Ministers recognise the opportunity this provides for
law reform in their portfolios, it is also true that the role of the Commission and
the distinctive contribution it is able to make is not always well understood by
either Ministers or their departments.
21
As a result, although more work has been referred to the Commission in recent
years than it has resources to undertake, that work has not always fitted the
recently agreed criteria for referral of projects to the Commission. Instead, it has
sometimes been work that departments have not regarded as having sufficient
priority to place on their own work programme. To the extent that this has
occurred, it has militated against the chances of implementation of the
Commissions recommendations.
22
The Law Commission provides quarterly reports on progress with the work
programme and the President has regular, but not usually frequent, meetings with
the Minister during the year to discuss projects and any issues that may arise. The
President usually invites the Minister to visit the Law Commission and meet with
the other commissioners and staff on a suitable occasion.
23
Law Commission reports are published after being tabled in Parliament by the
responsible Minister and the Government Response is tabled in Parliament within
six months.
24 As an independent agency, the Law Commission is also sometimes asked to
contribute to select committees on topics where they have some expertise, or may
choose to make a submission. The President usually has contact with the Chairs
of the Justice Select Committees during the year, and commissioners and select
committee members have sometimes met together to discuss law reform generally
or topics of mutual interest.