Law Commission (Hansard, 7 November 1995)

§ Mrs. Ann Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement setting out the criteria by which suitability for appointment to the Law Commission is assessed; and if he will bring forward to the House proposals to ensure that future appointments are first subjected to detailed parliamentary scrutiny. [42109]

Mr. John M. Taylor
Appointments to the Law Commission are statutory and are made by the Lord Chancellor under section 1 of the Law Commissions Act 1965. The 1965 Act, as amended by the Courts and Legal Services Act 1990, requires that appointees must be legally qualified or have experience in a judicial office or as a teacher of law in a university. Appointees must also satisfy the Lord Chancellor of their good health.
The chairman of the Law Commission is appointed by the Lord Chancellor, usually from the ranks of experienced High Court judges. Before reaching his decision, the Lord Chancellor customarily consults senior members of the judiciary. In considering the suitability of candidates for membership of the Law Commission, the Lord Chancellor appoints, in accordance with the principles of fair and open competition, those candidates who appear from the information available to have the best qualifications and experience for appointment. Successful candidates will be lawyers of recognised standing, experience and ability who can make significant contributions to the reform and development of the law.

The cost of the Commission 1982–1994¹

Sub head 1982–83 1983–84 1984–85 1985–86 1986–87 1987–88 1988

Accommodation charges² 308,200 340,500 400,400 364,200 343,000 344,000 355,200

Headquarters overheads⁴ 64,200 64,900 78,700 133,300 141,100 140,600 168,500

Printing and Publishing: supply of information technology, office equipment and books 339,900 272,490 217,000 190,600 270,100 107,600 137,300

Salaries of Commrs (including ERNIC) 221,500 203,100 182,600 203,700 213,600 223,200 204,500

Salaries of draftsmen, legal staff, secondees and consultants (including ERNIC) 518,900 533,000 537,600 623,100 635,300 712,900 826,900

Salaries of non-legal staff (including ERNIC) 203,500 245,300 264,100 276,000 284,200 295,400 316,500

Superannuation 140,900 201,500 174,100 171,300 148,600 177,900 213,500

Telephone/postage 16,600 16,800 21,600 12,400 14,400 18,600 17,700

670W
There are no proposals to make future appointments to the Law Commission subject to detailed parliamentary scrutiny.

§ Mrs. Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the current members of the Law Commission, indicating in each case the date upon which they were appointed, the date upon which their term of appointment ceases and the specific qualities and experience which were the basis of their appointment. [42108]

Mr. Taylor
The dates of the terms of appointment of the current members of the Law Commission are set out in the table. The criteria on which appointments are based are set out in my earlier answer to my hon. Friend.

Name Date of appointment Date of expiry of appointment

The right hon. Mr. Justice Brooke 1 January 1993 31 December 1995

Charles Harpum 1 January 1994 31 December 1998

Diana Faber 31 January 1994 30 January 1999

Stephen Silber QC 11 April 1994 10 April 1999

Andrew Burrows 1 October 1994 30 September 1999

§ Mrs. Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy to appoint to the Law Commission in future only those individuals who have demonstrated by their own lifestyles a commitment to the institution of marriage and respect for human life. [42112]

Mr. Taylor
No. The Lord Chancellor wishes to maintain his present policy with regard to appointments to the Law Commission, which are made in accordance with the procedures set out in my earlier answer to my hon. Friend.

§ Mrs. Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department what has been the total cost of the Law Commission, including accommodation costs at estimated market rates, in each of the year since it was established; if he will give a breakdown of those costs indicating the amounts spend on(a) staff costs, (b) allowances and fees, (c) publication costs, (e) the estimated cost of accommodation at market rates and (f) all other identifiable costs. [42110]

Mr. Taylor
The available information about the cost of the Law Commission is given in the table.
The other information requested is not available and could be obtained only at disproportionate cost.
671W

The cost of the Commission 1982–1994¹

Sub head 1982–83 1983–84 1984–85 1985–86 1986–87 1987–88 1988

Travel and Subsistence 4,900 9,200 6,600 10,400 7,600 9,500 4,500

Entertainment 300 400 500 200 200 500 300

Miscellaneous 700 2,610 3,000 1,400 4,200 4,400 3,300

Total 1,819,600 1,889,800 1,886,200 1,986,600 2,062,300 2,034,600 2,248,200

Sub head 1989 1990 1991 1992 1993 1994

Accommodation charges² 377,800 377,800 460,100 465,500 502,900 ³916,900

Headquarters overheads⁴ 205,100 205,100 228,000 345,500 379,200 603,800

Printing and Publishing: supply of information technology, office equipment and books 139,600 139,600 ⁵243,100 215,400 217,400 187,100

Salaries of Commisioners (including ERNIC) 250,700 250,700 276,200 300,300 386,500⁶ 361,300

Salaries of draftsmen, legal staff, secondees and consultants (including ERNIC) 989,500 989,500 1,058,300 1,120,600 ⁷1,485,900 1,406,600

Salaries of non-legal staff (including ERNIC) 345,600 345,600 372,400 380,600 ⁷401,400 357,400

Superannuation 245,800 245,800 265,800 308,100 ⁸— —

Telephone/postage 24,600 24,600 ⁹35,900 25,800 33,500 28,600

Travel and Subsistence 6,500 6,500 5,500 8,400 10,300 7,000

Entertainment 1,000 1,000 600 500 500, ¹⁰—

Miscellaneous 5,700 5,700 11,900 18,300 26,200 15,200

Total 2,591,900 2,591,900 2,957,800 3,279,000 3,443,300 3,883,900

¹ These figures have been published in the annual reports of the Commission. Until 1988, the figures were related to a "parliamentary year". As from 1988, the figures have related to the calendar year. In no case has the financial year been used as the base.

² Component relating to ground rent, rates and major works supplied by the Lord Chancellor's Department, for the years 1988 to date.

³ This figure reflects the costs of a five yearly rent review, which produced a 130 per cent, increase, and necessary new works to the building (e.g. a new security system).

⁴ Portion of the total cost of the Lord Chancellor's Department headquarters attributed to the Commission. The portion attributed to individual parts of the Department is proportional to the number of staff paid as established staff, including research assistants. The 1993 figure excluded any sum for the information technology services provided by the Lord Chancellor's Department, as they were used very little. In 1994, they were used very much more, and a notional figure has therefore been attributed for them in 1994.

⁵ Included in the 1991 and 1992 figures for office equipment are sums of £90,000 and £60,000 respectively, which represent the cost of converting the computer system.

⁶ This figure included not only superannuation (see n9 below) but also a lump sum paid on retirement.

⁷ Figures from 1993 onwards show the actual expenditure on salaries. In previous years, salaries were shown as a multiple of the December monthly salary figures, which gave an exaggerated result.

⁸ As of April 1993 superannuation is included in the Lord Chancellor's Department's salary budget and is not shown separately.

⁹ This includes some £9,000 spent on converting to a system of direct dialling in.

¹⁰ As from 1994 Entertainment is included in Miscellaneous.

§ Mrs. Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the package of remuneration and expenses which may be claimed by members of the Law Commission. [42111]

Mr. Taylor
The current chairman of the Law Commission is a High Court judge and, as such, receives a salary of £98,957 per annum. He does not receive any additional remuneration for his work as chairman of the Law Commission. The salary of other members of the Law Commission is currently £69,500 per annum. The office of commissioner is pensionable, but superannuation arrangements depend on individual circumstances. As elsewhere in the Crown's service, travel and subsistence expenses may be payable, on the same basis as senior civil servants, if and when a commissioner is required to travel or stay away overnight in the course of his or her duties.

§ Mrs. Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the square footage and address of all accommodation currently occupied by the Law Commission; and if he will estimate the current market rent which could be realised through the letting of that accommodation. [42113]
672W

Mr. Taylor
A total of 1,651.1 sq. m. at Conquest house, 37–38 John street, London WC1N 2BQ. The market rent, as valued at June 1995, is £122,000 per annum.

§ Mrs. Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy to abolish the Law Commission [42107]

Mr. Taylor
No, that is not the Lord Chancellor's intention.

§ Mrs. Winterton
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy to make a statement to the House on each and every occasion that the Law Commission(a) commences and (b) concludes a consideration of a particular area of law. [42105]

§ Mr. M. Taylor
The Lord Chancellor is required by the Law Commissions Act 1965 to lay before Parliament any programmes prepared by the commission, and approved by him, for the examination of different branches of the law. The sixth programme was laid before Parliament in June. He is similarly required by the Act to lay before Parliament any proposals for reform formulated pursuant to such programmes.

The cost of the Commission 1982–1994¹
Sub head	1982–83	1983–84	1984–85	1985–86	1986–87	1987–88	1988
Accommodation charges²	308,200	340,500	400,400	364,200	343,000	344,000	355,200
Headquarters overheads⁴	64,200	64,900	78,700	133,300	141,100	140,600	168,500
Printing and Publishing: supply of information technology, office equipment and books	339,900	272,490	217,000	190,600	270,100	107,600	137,300
Salaries of Commrs (including ERNIC)	221,500	203,100	182,600	203,700	213,600	223,200	204,500
Salaries of draftsmen, legal staff, secondees and consultants (including ERNIC)	518,900	533,000	537,600	623,100	635,300	712,900	826,900
Salaries of non-legal staff (including ERNIC)	203,500	245,300	264,100	276,000	284,200	295,400	316,500
Superannuation	140,900	201,500	174,100	171,300	148,600	177,900	213,500
Telephone/postage	16,600	16,800	21,600	12,400	14,400	18,600	17,700

Name	Date of appointment	Date of expiry of appointment
The right hon. Mr. Justice Brooke	1 January 1993	31 December 1995
Charles Harpum	1 January 1994	31 December 1998
Diana Faber	31 January 1994	30 January 1999
Stephen Silber QC	11 April 1994	10 April 1999
Andrew Burrows	1 October 1994	30 September 1999

Sub head	1989	1990	1991	1992	1993	1994
Accommodation charges²	377,800	377,800	460,100	465,500	502,900	³916,900
Headquarters overheads⁴	205,100	205,100	228,000	345,500	379,200	603,800
Printing and Publishing: supply of information technology, office equipment and books	139,600	139,600	⁵243,100	215,400	217,400	187,100
Salaries of Commisioners (including ERNIC)	250,700	250,700	276,200	300,300	386,500⁶	361,300
Salaries of draftsmen, legal staff, secondees and consultants (including ERNIC)	989,500	989,500	1,058,300	1,120,600	⁷1,485,900	1,406,600
Salaries of non-legal staff (including ERNIC)	345,600	345,600	372,400	380,600	⁷401,400	357,400
Superannuation	245,800	245,800	265,800	308,100	⁸—	—
Telephone/postage	24,600	24,600	⁹35,900	25,800	33,500	28,600
Travel and Subsistence	6,500	6,500	5,500	8,400	10,300	7,000
Entertainment	1,000	1,000	600	500	500,	¹⁰—
Miscellaneous	5,700	5,700	11,900	18,300	26,200	15,200
Total	2,591,900	2,591,900	2,957,800	3,279,000	3,443,300	3,883,900
¹ These figures have been published in the annual reports of the Commission. Until 1988, the figures were related to a "parliamentary year". As from 1988, the figures have related to the calendar year. In no case has the financial year been used as the base.
² Component relating to ground rent, rates and major works supplied by the Lord Chancellor's Department, for the years 1988 to date.
³ This figure reflects the costs of a five yearly rent review, which produced a 130 per cent, increase, and necessary new works to the building (e.g. a new security system).
⁴ Portion of the total cost of the Lord Chancellor's Department headquarters attributed to the Commission. The portion attributed to individual parts of the Department is proportional to the number of staff paid as established staff, including research assistants. The 1993 figure excluded any sum for the information technology services provided by the Lord Chancellor's Department, as they were used very little. In 1994, they were used very much more, and a notional figure has therefore been attributed for them in 1994.
⁵ Included in the 1991 and 1992 figures for office equipment are sums of £90,000 and £60,000 respectively, which represent the cost of converting the computer system.
⁶ This figure included not only superannuation (see n9 below) but also a lump sum paid on retirement.
⁷ Figures from 1993 onwards show the actual expenditure on salaries. In previous years, salaries were shown as a multiple of the December monthly salary figures, which gave an exaggerated result.
⁸ As of April 1993 superannuation is included in the Lord Chancellor's Department's salary budget and is not shown separately.
⁹ This includes some £9,000 spent on converting to a system of direct dialling in.
¹⁰ As from 1994 Entertainment is included in Miscellaneous.