STATUTE LAW REVISION BILL. (Hansard, 14 March 1898)

§ THE LORD CHANCELLOR

My Lords, this is one of a series of Bills on this subject. It is the same as that which was introduced late last Session, but which, for some unfortunate causes to which I will not further refer, was not proceeded with. The principal object of such Bills, as your Lordships are aware, is to enable the Statute Law to be revised, and to be republished in a convenient form, representing the existing law after the removal of all that has been repealed and superseded. A new edition of the revised Statutes has been actually completed; the three last volumes would have been published before the end of last year if the Bill had been passed during the course of the Session. They now await the passing of this Bill, which I have introduced thus early, in the hope that Parliament may think fit to prevent any further delay. I should be glad to add a few words as to the nature of the work which has been done. I think it would be impossible to take more care than is, in fact, taken in the preparation of these Bills; the work is done, in the first instance, by the most competent and experienced draftsman whom we can obtain, and his work is checked by a second draftsman. The drafts are then referred to every Department which appears to be affected by any of the repeals proposed, and are afterwards supervised by the Government draftsman. They then come before the Statute Law Committee, consisting of persons of the greatest skill and experience in legal and Departmental matters. The Bill is finally submitted to the Lord Chancellor of the day, who satisfies himself respecting it, and introduces it to the House. During its passage it is subjected to the special 1499 ordeal of a Joint Committee of both Houses, comprising what I may be allowed to call the highest authorities in either House, on the questions likely to be raised in a Measure of this kind. I am not prepared to say that infallibility has been attained in this work, or in any other that I am aware of, but the errors which have ever been discovered are remarkably few, even when all the care which I have described is taken into consideration. As to the value of the new edition of the Statutes, I will only mention one point; it is this: that the present edition of 12 volumes takes the place of no less than 91 volumes of the former edition. If your Lordships think fit to give a Second Reading to this Bill, I shall propose that it be referred to the Joint Committee for Statute Law Revision and Consolidation, in pursuance of the Motion passed by your Lordships last week. Your Lordships have been good enough to assent to a similar resolution in many previous years, and I trust that those who have already done valuable service in past years on the dry and thankless work which comes before this Committee will be willing to serve again. I desire to remind the House that the appointment of the Joint Committee does not remove from Parliament control over the Bills referred to it; but, on the contrary, ensures that no amendment of the law shall creep in under the name of revision or consolidation—a risk which is undoubtedly incurred when Bills of this kind are passed through the ordinary Committees of either House. The work is essentially that of experts, and is practically impossible of transaction in Committees of the whole House. It is the business of the Joint Committee to certify that no amendment of the law is contained in any Bill referred to it, and it is on the understanding that Parliament has confidence in that certificate that the Members of the Committee are invited to enter on their task.