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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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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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