Law Commission Reports (Hansard, 29 July 1998)

§ The Lord Chancellor (Lord Irvine of Lairg)

I refer the noble Lord to my answer of 19 March (Hansard, 19 March, WA 213) which mentioned the Government's intention to bring forward legislation arising from a number of Law Commission reports as well as explaining why a number were not to be implemented. 202WA It has been further decided that the following three reports will not be implemented. Breach of Confidence (Law Commission Report No. 110) was published in 1981. Since then, developing case law has clarified the scope and extent of the breach of confidence action, a view confirmed by the European Commission of Human Rights. Liability for Chancel Repairs (Law Commission Report No. 152) sought to deal with an open-ended liability to repair the chancels of some very old churches. The liability can cause hardship, but it is often reflected in the sale price and is enforced in relatively few cases. There is also a risk that any scheme to bring this liability to an end might encourage enforcement where it still exists. Although continuing the liability carries the risk of breaching the European Convention, so does its abolition. Contributory Negligence as a Defence in Contract (Law Commission Report No. 219) has been overtaken by developing case law. A Bill to implement the report would make little difference in practice and Parliamentary time should not be spent on it.

Work is continuing on three further reports and part of a fourth. On 25 March, the Government announced that it is conducting a Review of the Enforcement of Civil Court Judgments. One of the terms of reference is to consider whether, and if so, how, the present power to distrain for rent should be abolished, as recommended by the Law Commission in Distress for Rent (Law Commission Report No. 194). As for Termination of Tenancies (Law Commission Report No. 221) the Law Commission has been consulting on a revised scheme. The consultation period ended on 31 March and a decision will be made following completion of the Commission's further work. The Government is continuing to work on Judicial Review and Statutory Appeals (Law Commission Report No. 226). Only a small part of this report would require implementation by primary legislation. The remainder could be implemented by rule and will be considered as part of the Civil Justice Programme. Finally, the second part of Restitution for Mistake of Law: Ultra Vires Public Authority Receipts and Payments (Law Commission Report No. 227) is undergoing further consideration in the light of the recent substantial changes in the personal taxation system.