Protocol between the Lord Chancellor and the Law Commission for England and Wales

29 March 2010

The Lord Chancellor and the Law Commission for England and Wales have agreed a statutory protocol governing how Government departments and the Law Commission should work together on law reform projects. The protocol is key to ensuring a more productive working relationship between the Law Commission and Whitehall and is intended to increase the number of Law Commission proposals implemented by Government and to reduce the time in taking reform forward.

Under the protocol – laid before Parliament today – Government Departments will:

?give an undertaking that there is serious intention to take forward law reform in the relevant area of law;
?keep the Commission up to date on developments in policy that may impact on its proposals; and
?provide an interim response as soon as possible or in any event within six months of the Law Commission publishing its proposals and a full response as soon as possible or in any event within a year.

The Law Commission will:

?consult departmental Ministers about potential law reform projects in their areas;
?support all its final reports with an impact assessment; and
?take full account of the Minister’s views in deciding whether and if so how to continue with a project at agreed review points.

The protocol is provided for under the Law Commission Act 2009, which came into force on 12 January 2010 and amends the Law Commissions Act 1965. Under the Act, the Lord Chancellor is also required to report annually to Parliament on the extent to which the Law Commission’s proposals have been implemented by the Government.

Lord Chancellor and Secretary of State for Justice, Jack Straw MP, said:

"On behalf of the Government as a whole, I welcome the establishment of this statutory protocol. It heralds a new era of more productive working between the Government and the Law Commission, which will inevitably bring about appropriate reforms of the law in England and Wales that are effective, relevant and timely, and deliver value for money".

The Chairman of the Law Commission, The Rt Hon Lord Justice Munby, welcomed the protocol:

"The aim of the Law Commission is to see laws in England and Wales that are fair, modern, simple and accessible. By agreeing a framework that gives a better prospect of bringing about improvements in the law, there is clear evidence of a new will and serious intention across Whitehall to take forward the Commission’s proposals".

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