CALRAs Conference 2015 Elaine Lorimer

Implementation Challenge for Law Commissions because of our independence Dependent on the interest of Government to take forward reform Pressure on legislative programme leaves potential for law reform to be squeezed out So what do we do about this?.....

OTHER: LEARNING AND DEVELOPMENT ETC…… Implementation LEGISLATION JUDGE MADE LAW “SOFT LAW” OTHER: LEARNING AND DEVELOPMENT ETC…… IMPLEMENTATION

Legislation Legislation Main legislative programme Law Commission procedure x 2 SLR Consolidation

Main legislative programme 3 consumer reports: Consumer Rights Act 2015 Adult Social Care: Care Act 2014 Invasive non native species: Infrastructure Act 2014 Implications for us: being ready to speed up our work or reorder our priorities because a slot has become available Need to be aware of government legislative programme and the possibilities this gives Strong relationships with departments and with other officials so we are “in the loop”

Law Commission Bill special procedure LC Bill special procedure: ALWAYS STARTS IN HOUSE OF LORDS Normal Bill: PROCEDURE IN LORDS Introduction and First Reading Second Reading debate in Committee, followed by formal motion for Second Reading in Lords Chamber (“on floor”) Second Reading debate on floor of the House, followed by formal motion for Second Reading Special Public Bill Committee (off floor) Peers appointed; takes evidence before considering amendments and agreeing clauses of Bill Grand Committee (off floor of House – all peers can attend) or Committee of the Whole House (on floor) Considers amendments and agrees clauses of Bill Report (considers any amendments tabled) Third Reading (considers any amendments tabled + final debate on principle of Bill)

Law Commission Bill procedure Special procedure Bill: COMMONS Normal Bill: COMMONS (FOR BILL STARTING IN LORDS) Brought from Lords and First Reading Second Reading debate in committee, followed by formal motion for Second Reading on floor of House Second Reading debate on floor of House, followed by formal motion for Second Reading Committee Stage: usually Public Bill Committee (off floor) but can be Committee of the Whole House (on floor) Considers amendments and agrees the clauses of the Bill Report (but may not happen) Considers any amendments tabled Report (but may not happen) Considers any amendments tabled Third Reading (no amendments)

222 Consolidation Acts in 50 years Consolidation and SLR 222 Consolidation Acts in 50 years 3117 Acts of Parliament repealed by us in entirety and 3982 in part Both have special legislative procedures The Commission has been responsible for 222 consolidation Acts of Parliament. The Commission has been responsible for 19 Statute Law Repeal Acts which have repealed 3,117 statutes in their entirety and 3,982 in part because they are no longer of any practical utility.

Consolidation/SLR LORDS Consolidation and SLR Consolidation/SLR LORDS Normal Bill LORDS Introduction and First Reading (formal step – no debate) Second Reading debate on floor of House (short – limited scope) followed by formal motion for Second reading Second Reading debate on floor of House, followed by formal motion for Second Reading Committee stage: Joint Committee on Consolidation etc. Bills (limited scope for debate and amendments) Takes evidence (main witness is the drafter) and considers drafter’s notes, Law Commission recommendations (if any)& amendments (rare) and agrees the clauses of Bill Committee stage: usually Committee of the Whole House but can be a Grand Committee (off floor – but all peers can participate) Considers amendments and agrees clauses of Bill Report (if necessary – usually no amendments tabled) Report (unless no amendments tabled) Third Reading

Consolidation and SLR Consolidation/SLR COMMONS (usual – assumes no amendments needed e.g. to reflect other Bills) Normal Bill: COMMONS (BILL STARTING IN LORDS) Brought to Commons and First reading (formal step only) Second Reading (short, may be no debate in practice) Followed on same day by Third Reading (see below): Second Reading debate on floor of the House, followed by formal motion for Second Reading No Committee Stage (dispensed with owing to Joint Committee having considered Bill) Committee stage: Grand Committee (off floor) or Committee of the Whole House No Report (but usually no amendments to consider) Report (unless no amendments tabled) Third Reading (short – may be no debate in practice) Third Reading

Soft law Guidance Procedure rules Practice directions The Government has announced that it has adopted the recommendations in the Law Commission report on Fiduciary Duties of Investment Intermediaries and this will be taken forward through guidance issued via the FSA The recommendations in the Law Commission report on Expert Evidence in Criminal Proceedings have been implemented in the Criminal Procedure Rules.

Judge made law Implementation via precedent Less predictable/ piecemeal Limited in its application

Other means Learning and development: Expert Evidence in Criminal Proceedings Suggestions for new processes using technology Recommendations for better guidance/ education

Wales Wales Act 2014 Renting Homes and Adult Social Care being implemented via main legislative programme in Wales A new procedure for Law Commission Bills or Consolidation in Wales?

Implications Thinking about routes to implementation through out the project- is legislation the only way? The need for key contacts in Government and outside: relationships are key Understanding the decision making processes in government and knowing how to influence them Thinking outside of the box- how can we maximise the impact of our reforms? Resources: different skills; influencing and supporting implementation; capacity issues