Statute Law (Repeals) Bill [H.L.] (Hansard, 20 April 1995)

§ The Lord Chancellor (Lord Mackay of Clashfern)
My Lords, I beg to move that this Bill be now read a second time. As your Lordships will be aware, one of the functions of the Law Commission and of the Scottish Law Commission is to promote, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of the law". The Law Commissions have during the past 26 years presented to Parliament 15 reports on statute law revision with draft Bills attached. The 14 previous reports have resulted in the repeal of nearly 3,800 enactments, including almost 1,600 whole Acts. The present Bill proposes the repeal of 223 whole Acts or orders and the removal of redundant provisions from 259 others.
The repeals set out in Schedule 1 to the draft Bill are in six parts. They cover local legislation applying in both England and Scotland and they apply also to such areas as overseas jurisdiction, the citation of statutes and transport. As always, the work of the two Law Commissions has revealed a good number of points of historical interest in the antiquity of some aspects of the present law. For example, the oldest statute to be repealed is an Act of 1694 passed to restore and rebuild the town centre of Warwick after it had been destroyed by fire. The Act expired in 1704. It is an interesting coincidence that Warwickshire was referred to recently. The most recent of the local Acts to be repealed are a group of such Acts applying in certain areas of Scotland dating from 1977 to 1981. Those Acts were superseded in 1982. There has been full consultation with interested bodies on those and all the other repeals.
I draw your Lordships' attention to Part I, which rationalises the vast amount of local authority legislation in Bedfordshire, Nottinghamshire and Warwickshire. In its explanatory note, the Law Commission says that the, bulk, uncertain operation and inaccessibility of local legislation are problems of long standing. A detailed review of such legislation for those counties has been carried out by Mr. John Phipps as consultant to the Law Commission and completed with the co-operation of the local authorities concerned. This is the second such project to have been brought to fruition. The first covered South Yorkshire and was enacted by the Statute Law (Repeals) Act 1989. I hope that more will be completed.
This Bill and its predecessors play a valuable part in the work of modernising and improving the statute book. I am sure that your Lordships would wish to join me in thanking the two Law Commissions for the very careful and detailed way in which they have set about 582 this important task. If your Lordships are content to give the Bill a Second Reading, it will be referred to the Joint Committee on Consolidation Bills in the usual way. I commend the Bill to the House.

§ Lord Irvine of Lairg
My Lords, on Tuesday, in reply to a Question from the noble Lord, Lord Campbell of Alloway, the noble and learned Lord on the Woolsack was able to confirm that there is a gathering momentum in securing the passage of legislation in politically non-controversial areas of law reform deriving from the work of both Law Commissions. On that occasion he was good enough to recognise the support of the Opposition in that endeavour.
The Second Reading of this Bill affords the opportunity to remark upon the unsung but highly important labours of both Law Commissions: the improvement of the statute book by repealing what is obsolete and unnecessary and reducing to a minimum the number of separate enactments.
I desire to put on record the appreciation of my party for all aspects of the work carried out with real effectiveness by both Law Commissions. Obsolete, obscure and needlessly complex legislation diminishes the quality of parliamentary democracy and the rule of law. My party is committed to the reduction of the statute book, simplification of legislation and the use of plain English by the draftsman. On another occasion your Lordships may wish to discuss how that can best be achieved.
Meanwhile, on these Benches, we are content that the Bill should be given a Second Reading and referred to the Joint Committee on Consolidation Bills in the usual way.

§ The Lord Chancellor
My Lords, I am very grateful for the noble Lord's remarks. I have already acknowledged the Opposition's support. I should like to say how much I appreciate that support from the noble Lord and many of his colleagues. It is an enterprise in which all are engaged with fervour. The Law Commissions are greatly encouraged by the way in which their work has been received in this House. I commend the Bill to the House.