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How to stem the flood?

26 October 2012
Issue: 7535 / Categories: Opinion , Procedure & practice
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Lawyers & citizens suffer from the rush to legislate, says Daniel Greenberg

The flood of Acts and statutory instruments shows no sign of abating, despite talk of de-regulation from successive governments. The more legislation Whitehall and Westminster make, the less the chance that sufficient time and other resources will be provided to ensure legislation of reasonable quality. So the problem for citizens and their advisers of handling the flow of new legislation is exacerbated by a significant proportion of it being of poor quality.

Legislating in haste

Recent high profile legislation that appears to have been legislated in haste and repented in even greater haste includes “pasty taxes” and charity tax reliefs; but there are many more lower-profile instances of legislation that have to be amended by a succession of attempts to rectify original defects.

The key to avoiding poor legislation is undoubtedly effective scrutiny in the early stages of the legislative process; going right back to the drafting stage and even earlier. However, given the increasing burden of work on civil servants

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Hugh James—Phil Edwards

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Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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