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ePolitix.com speaks to Sir James Munby, chairman of the Law Commission, about its role and its relationship with government.
Can you tell us about the role of the Law Commission?
Our purpose is to keep the law of England and Wales under review. The commission was set up by statute in 1965 to do just that. We recommend reforms, and provide draft legislation, to government on areas of the law that need improving. Our aim is to ensure that the law is fair, modern, accessible and as cost-effective as possible, which we do by identifying areas of the law that are no longer fit for purpose and, through a process of in-depth research and wide consultation, developing ideas for reform.
What is the relationship between the Law Commission and the government, and how do you work together?
The Law Commission is an independent body sponsored by the Ministry of Justice, but we work with many other government departments.
How we work with government is set out in a protocol that has been agreed between the Lord Chancellor, on behalf of government, and the Commission, and which came into force in March this year.
The protocol stems from the Law Commission Act 2009, which received Royal Assent in November last year. As well as providing for the protocol, the act creates a duty on the Lord Chancellor to report to Parliament every year on whether the government has decided to implement Law Commission reports that remain outstanding, and, if not, why not. This represents a significant step in the development of our productive working relationship with government, and as a contribution to ensuring that our proposals are implemented.
How does the Law Commission decide which projects to undertake?
We ask a great range of people what we should include in our programmes of law reform. At the moment we are asking people for their ideas on what we should include in our Eleventh Programme, which is due to be published next year. We welcome all suggestions - although, given the current financial situation, we would be particularly interested in projects that support the drive to reduce waste and inefficiency.
Anyone can make a contribution via our website, www.lawcom.gov.uk, or by contacting us directly. We will also be at the Dods New Parliament Reception on Wednesday 30 June, and I encourage anyone attending the event to come and find us to tell us their ideas.
As well as developing our own programmes of reform projects, we also receive referrals from government departments.
The projects we work on cover a wide range of issues. Recently, for example, we have reviewed the laws on adult social care, consumer insurance, marital property agreements and bribery. The Bribery Act, which has just passed through Parliament, derived from a Law Commission report. You can see examples of the work we do on our website: www.lawcom.gov.uk
How do you ensure your consultations are responded to by a wide audience?
The Law Commission is committed to consultation. As well as consulting widely on our programmes of law reform, we also seek feedback from people as we develop individual projects.
We ask for ideas and opinions from a great many individuals and organisations. Who we talk to depends, of course, on the project but, typically, we seek views from the judiciary; lawyers; parliamentarians; strategy, policy and legal officials in government departments; members of the voluntary sector and the business world; and, not least, the general public.
The responses we receive help us to refine our thinking and shape our recommendations. The proposals we make can have a profound effect on people's lives. Understanding what people think about a particular area of law; how it is, or is not, working; and what the impact of reform might be, is an extremely important part of our work.
Once the Law Commission has undertaken a project, how are its recommendations implemented?
Reforming the law is for Parliament. The Law Commission recommends reform to government; it is then for government to take our recommendations forward to implementation.
Of the 185 reports we have produced to date, 75 per cent have been accepted by government or implemented, either in whole or in part. The Commission is rightly proud of this record and, now that the protocol is in place, we expect this to help enormously in improving the rate and speed at which our recommendations are implemented.
In your role as chairman, what would you like to see for the future of the Commission?
The Commission has made some significant steps forward in the last couple of years. We have seen the introduction of the Law Commission Act 2009 and the protocol. We have also introduced a new procedure in the Lords, which takes the second reading of technical Law Commission bills off the floor of the House. All these developments have enhanced the standing of the Commission and I believe contributed significantly to ensuring that our work is implemented.
In today's environment it is increasingly important that the law is accessible to everyone and as cost-effective as it can be. The Law Commission has a continuing –and unique – role to play in making this happen.
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