A former Conservative lord chancellor has challenged the government to help ‘fast-track’ Law Commission bills through the Commons so more ‘good law’ can be created.
Discussing the Law Commission’s work in the Commons this week, Sir Robert Buckland MP said there were many examples of how the commission has benefited the country.
Buckland cited the Care Act 2014, a product of the commission’s work which ensured the rights of carers and their families were better enshrined in law. He also pointed to the commission’s report on regulating coal tip safety, which allowed the Welsh Government to produce a white paper last May. A full response is expected this month and primary legislation could potentially be introduced in the current session of the Senedd.
As lord chancellor, Buckland told MPs, he was glad to drive through the act that established the Sentencing Code in 2020 following work by the commission to reduce the risks of mistakes or need for appeals.
‘Why did I do that? Again, it was not just because of an obsession with neatness, though I do like neat and tidy laws,’ he said. ‘It was because the estimate of the reduction of costs was a grand total of up to £256m over a period of 10 years. That’s no small beer when it comes to the criminal justice system, and I am proud that the Ministry of Justice did that during my time as lord chancellor.’
Law Commission bills begin in the Lords, where the proposed legislation is scrutinised and refined by peers. Standing Order No. 59 allows the Commons to fast-track bills by referring them to a second reading committee. ‘That’s a very good head start, but I’m not sure that it’s enough for getting Law Commission bills through this place,’ Buckland said.
He called on ministers to ask the Leader of the House to work with the Procedure Committee and ‘look again’ at how Standing Order No. 59 and the fast-track procedure in Standing Order No. 58 could allow Law Commission bills to go straight from second to third readings without the need for a full committee stage. ‘That would be a sure-fire way to ensure that we can use Law Commission recommendations more frequently and make good law more regularly,’ said Buckland.
Justice minister Edward Argar replied that changes to standing orders would be a matter for the House to consider. The Lord President of the Council and the Procedure Committee would be informed of Buckland’s views.
9 Readers' comments