HL Deb 04 December 1969 vol 306 cc189-90
LORD WADE

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government what action has been taken following the submission by the Law Commission to the Lord Chancellor on administrative law and in particular whether it is their intention to set up an inquiry as recommended by the Law Commission in Cmnd. 4059.]

THE LORD CHANCELLOR (LORD GARDINER)

My Lords, the Government do not consider that this is the right time to undertake the wider inquiry into administrative law which was suggested in the Law Commission's Report. But the Commission has been asked to review the existing remedies for the judicial control of administrative acts and omissions with a view to evolving a simpler and more effective procedure, and I hope this will go a long way towards bringing about the improvements which the Law Commission has in mind.

LORD WADE

My Lords, I am obliged to the noble and learned Lord on the Woolsack for that reply. But would he not agree that the Law Commission, in its Report, urged a broad-based inquiry into this matter, and in particular said: We regard the Parliamentary Commissioner as a valuable supplement to, rather than a substitute for, the comprehensive and coherent system of administrative law.

THE LORD CHANCELLOR

Yes, my Lords, it did. The Law Commission wanted a more wide-ranging inquiry and the appointment of a Royal Commission, or a Committee of comparable status; but in the view of the Government it is getting rather late in this Parliament to start appointing a Royal Commission. Many believe, and I share their view, that if this first head suggested by the Law Commission is considered by the Commission, great headway may be made.

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