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	The Law Commission
You are here: BAILII >> Databases >> The Law Commission >> The Fortieth Annual Report of the Law Commission (Report) [2006] EWLC 299(1) (14 June 2006) URL: http://www.bailii.org/ew/other/EWLC/2006/299(1).html Cite as: [2006] EWLC 299(1)

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PART 1

THE COMMISSION

Who we are

1.1      The Law Commission was created in 1965 for the purpose of reforming the law. The Commission is headed by five Commissioners who are appointed by the Lord Chancellor.
1.2      The current Commissioners are:

The Honourable Mr Justice Toulson, Chairman

Professor Hugh Beale QC, FBA, Commercial and Common Law.

Stuart Bridge, Property, Family and Trust Law

Dr Jeremy Horder, Criminal Law, Evidence and Procedure

Kenneth Parker QC, Public Law

1.3      Professor Martin Partington CBE, who was a Commissioner from January 2001 to December 2005, is Special Consultant to the Law Commission. In that capacity, he undertakes the role of Commissioner in relation to housing law reform projects.
1.4      The Commissioners and Special Consultant are supported by the Chief Executive, Steve Humphreys, members of the Government Legal Service, Parliamentary Counsel (who draft the Bills to reform and consolidate the law), and some 15 research assistants (mostly recently qualified law graduates), as well as a librarian and a corporate services team. Details of the members of each legal team and the work they do is covered in Parts 4 - 8.

What we do

1.5      The Law Commission's main task is to review areas of the law and to make recommendations for change. The Commission seeks to ensure that the law is as simple, accessible, fair, modern and cost-effective as possible. A number of specific types of reform are covered by the Law Commissions Act 1965:

codification

removal of anomalies

repeal of obsolete and unnecessary enactments

consolidation

the simplification and modernisation of the law

Consultation methods

1.6      During the 40^th anniversary year of the Law Commission we have taken forward a number of plans to expand the way we consult, and the range of people we engage and involve in our work. We have introduced a new website which meets all accessibility requirements, and enables any interested party to access the information in a form that is relevant and useful to them. Consideration has been given to each publication about who wants to read it and what level of detail they require. We have widened our consultation pool and talked to those who read our papers about what we can do to improve their experiences in dealing with the Law Commission. We have started to produce Overviews to accompany our longer consultation papers, which are designed for the lay reader. We hope these will enable a broader range of responses from those directly affected by the area of law being considered.
1.7      We hope to continue to develop new and innovative ways of consulting and dealing with a wide range of people over the forthcoming year.

Developing the programme of work

1.8      In January 2005, we submitted our Ninth Programme of Law Reform to the Lord Chancellor.^[1] It came into effect on 1 April 2005 and runs for three years. Parts 4-8 provide updates on the progress of the programme. In 2007 we will begin preliminary consultation on the contents of the Tenth Programme of Law Reform, which will be presented to the Government in January and begin on 1 April 2008.
1.9      Decisions about whether to include a particular subject in a programme of reform are based on the importance of the issues it will cover, the availability of resources in terms of both expertise and funding, and whether the project is suitable to be dealt with by the Commission.
1.10      As part of our aim to "take and keep under review all the law", we are currently carrying out a Strategic Review of the work of the Commission. It is important that our efforts are directed towards areas of the law that most need reform, where change will deliver real benefits to the people, businesses, organisations and institutions to which that law applies. We have met with senior officials in every Government department to identify areas where the Commission might usefully undertake work. The outcome of these discussions will inform decisions about projects to be included in the Tenth Programme of Law Reform.

The Law Commission's role and methods

1.11      Increasingly projects start with the production of a scoping or discussion paper. The aim of this is to consider how extensive the project should be, find out the key issues as seen by others, and identify interested parties. At an early stage it is useful to establish a core group of interested individuals and organisations to advise and support the work.
1.12      Where the scope has been agreed in advance, the project will start by consulting many of the acknowledged experts and interested parties in the area. Often an Advisory Group is established to meet and discuss the key concerns and potential solutions. A consultation paper is then produced to describe the present law and its shortcomings and set out provisional proposals for reform. Responses are analysed and considered very carefully.
1.13      The Commission's final recommendations are set out in a report, which often contains a Bill drafted by Parliamentary Counsel, where the implementation of any recommendations would involve primary legislation. The report is laid before Parliament. It is then for the Government to decide whether it accepts the recommendations and to introduce any necessary Bill in Parliament, unless a Private Member or Peer agrees to do so. After publication of a report the Commission and members of Parliamentary Counsel who worked on the draft Bill often give further assistance to Government Ministers and departments.
1.14      The work of the Commission is based on thorough research and analysis of case law, legislation, academic and other writing, law reports and other relevant sources of information both in the United Kingdom and overseas. It takes full account of the European Convention on Human Rights and of relevant European law. We act in consultation with the Scottish Law Commission, and work jointly with our Scottish colleagues on a number of projects.
1.15      The Commission also has the task of consolidating statute law, substituting one Act, or a small group of Acts, for statutory provisions found in many different Acts. In addition, the Commission proposes the repeal of statutes which are obsolete or unnecessary. See Part 8 for more details on statute law reform, consolidation and proposals for the process by which laws might be reviewed following implementation (post-legislative scrutiny).

Equality and diversity

1.16      The Commission is committed to consulting fully with those likely to be affected by its proposals, including different groups within society, and to assessing the impact of its proposed policies and removing or mitigating any adverse effect on particular groups within society wherever possible. The Commission's full Equality and Diversity Action Statement may be seen on our website at http://www.lawcom.gov.uk/docs/Equality_Statement.pdf

Code of best practice for Law Commissioners

1.17      In accordance with Government policy for all non-departmental public bodies, there is a written code for Law Commissioners, agreed with the Department for Constitutional Affairs. It incorporates the Seven Principles of Public Life and covers matters like the role and responsibilities of Commissioners. Copies are available from the Law Commission.

What's in this Annual Report?

1.18      Part 2 reviews 2005-06, and looks at the targets for publication of reports and consultation papers the Law Commission has set for the period 2006-07. Part 3 looks at the progress that has been made in getting the Government to accept and implement the recommendations made in our reports. Parts 4-8 cover the work of each law team in the Law Commission over the course of the year. Part 9 looks at our relations with external agencies, and Part 10 relates to the Commission's staffing and resources.

Note 1    Pub. March 2005. Law Com No 293.    [Back]