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Legislative and Regulatory Reform Bill

moved Amendment No. 40: Page 3, line 20, leave out ““he considers”” The noble Lord said: I shall also speak to Amendments Nos. 46, 57 and 60. The arguments on all these amendments are in fact irrelevant because there has been consensus on all sides that Clause 3 should not stand part of the Bill. I support the removal of Clause 3 from the Bill; I am a very strong supporter of the Law Commission and its work, which has been admirable ever since it was introduced by Lord Gardiner when he was Lord Chancellor. I very much hope that it will be possible to find different methods of enacting Law Commission draft Bills which will enable them to be enacted much more quickly when they are not controversial. There is far too big a backlog of Law Commission Bills which have been approved in principle by the Government but for which no legislative slot has been found. Although I am a strong supporter of the Law Commission, I do not think that Clause 3 is the right way of achieving the objective that I believe most, if not all, of us want. Clause 3 has a number of defects for its purpose. First, there is an unrestricted power to amend, abolish or codify common law. Codifying common law is extremely difficult and needs a far more detailed study than could have been given under the procedure in Part 1. Secondly, Clause 3 gives Ministers the power to enact Law Commission recommendations with changes not necessarily approved by the Law Commission. Thirdly, there is an absence of any system for parliamentary amendment of the Law Commission Bills during their process through both Houses of Parliament. These defects have led to objections to Clause 3 by both the Delegated Powers and Regulatory Reform Committee and the Constitution Committee. I understand that the Government are working on new plans which we hope will be brought forward in time for Report. I look forward with great interest to seeing them. It is important that Law Commission Bills should be capable of being amended in the course of their passage through Parliament. It is important that government involvement in the process should be kept to a minimum. If these conditions can be satisfied and if the new proposals are acceptable to the Law Commission, the Delegated Powers and Regulatory Reform Committee and the Constitution Committee, I look forward to supporting further amendments to the Bill. Meanwhile, I am content to see Clause 3 go. I beg to move.