Law Commission Recommendations (Hansard, 21 March 2000)

§ Lord Goodhart
asked Her Majesty's Government:
How many Law Commission recommendations for legislative reform they have caused to be enacted so far this Parliament. [HL1455]
23WA

§ The Lord Chancellor (Lord Irvine of Lairg)
Three Law Commission Reports have been enacted during this Parliament. They are:
Report No. 220, The Law of Trusts: Delegation by Individual Trustees, which was enacted by the Trustee Delegation Act 1999;
Report No. 242, Privity of Contract: Contracts for the Benefit of Third Parties, which was enacted by the Contracts (Rights of Third Parties) Act 1999; and
Report No. 252, Statute Law Revision: Sixteenth Report, which was enacted by the Statute Law (Repeals) Act 1998.

§ Lord Goodhart
asked Her Majesty's Government:
How many Law Commission reports recommending legislative reform which have been accepted in whole or in part are awaiting enactment. [HL1454]

§ The Lord Chancellor
There are currently seven Law Commission reports that have been accepted in whole or in part that are awaiting enactment. A list is provided below. Of these, Law Commission Report 260,Trustees' Powers and Duties, is currently before Parliament.

Law Commission Reports Accepted in Whole or in Part but awaiting Enactment

Year No. Report

1993 218 Legislating the Criminal Code: Offences against the Person and General Principles

1995 231 Menial Incapacity

1997 245 Evidence in Criminal Proceedings: Hearsay and Related Topics

1997 247 Aggravated, Exemplary and Restitutionary Damages

1998 253 The Execution of Deeds and Documents by or on behalf of Bodies Corporate

1998 255 Consents to Prosecution

1999 260 Trustees' Powers and Duties

Table A

Additional Funds made available to the NHS in England since 1 May 1997

1997–98 £m 1998–99 £m 1999–2000 £m 2000–01 £m 2001–02 £m

Winter Pressures⁽¹⁾ 269 209

General Increase for NHS⁽²⁾ 1,000

Waiting Lists⁽³⁾ 417

Comprehensive Spending Review⁽⁴⁾ 3,059 5,960 8,816

HM Treasury Capital Modernisation Fund⁽⁵⁾ 114 122 158

Invest to Save Budget⁽⁶⁾ 3 4 3

Clinical Negligence and Generic Drugs⁽⁷⁾ 134

⁽¹⁾ Additional money for (i) 1997–98 announced in October 1997 (ii) 1998–99 announced in November 1998.

⁽²⁾ Announced in July 1997 Budget.

⁽³⁾ Announced in March 1998 Budget.

⁽⁴⁾ Announced in July 1998. Increase in NHS funding each year over the 1998–99 baseline.

⁽⁵⁾ Additions in the first bidding round from the Treasury Capital Modernisation Fund. Funds awarded for A&E Modernisation, action on cataracts and faster more convenient services, including dental access centres and Walk in Centres.

⁽⁶⁾Funding awarded from the HM Treasury Invest to Save Budget, rounds one and two.

⁽⁷⁾ Allocation from the Reserve made in December 1999 to help meet cost of generic drugs (£90m) and clinical negligence claims (£44m).

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§ Lord Goodhart
asked Her Majesty's Government:
What is the median period between (a) the publication of a Law Commission report containing recommendations for legislative reform; (b) the Government's acceptance or rejection of its recommendations for legislative reform; and (c) the enactment of those accepted legislative reforms. [HL1453]

§ The Lord Chancellor
The department does not keep statistics on the median times requested. However, Appendix C to the Law Commission's Thirty-Third Annual Report, 1998, lists the Law Commission reports awaiting implementation at that time. Of this list, five reports have been accepted in full, or in part, by the Government. The median time between the completion of each of these five reports and their acceptance is two years.
The enactment of Law Commission Bills, once accepted by the Government, is subject to the availability of parliamentary time.

Law Commission Reports Accepted in Whole or in Part but awaiting Enactment
Year	No.	Report
1993	218	Legislating the Criminal Code: Offences against the Person and General Principles
1995	231	Menial Incapacity
1997	245	Evidence in Criminal Proceedings: Hearsay and Related Topics
1997	247	Aggravated, Exemplary and Restitutionary Damages
1998	253	The Execution of Deeds and Documents by or on behalf of Bodies Corporate
1998	255	Consents to Prosecution
1999	260	Trustees' Powers and Duties

Table A
Additional Funds made available to the NHS in England since 1 May 1997
	1997–98 £m	1998–99 £m	1999–2000 £m	2000–01 £m	2001–02 £m
Winter Pressures⁽¹⁾	269	209
General Increase for NHS⁽²⁾		1,000
Waiting Lists⁽³⁾		417
Comprehensive Spending Review⁽⁴⁾			3,059	5,960	8,816
HM Treasury Capital Modernisation Fund⁽⁵⁾			114	122	158
Invest to Save Budget⁽⁶⁾			3	4	3
Clinical Negligence and Generic Drugs⁽⁷⁾			134
⁽¹⁾ Additional money for (i) 1997–98 announced in October 1997 (ii) 1998–99 announced in November 1998.
⁽²⁾ Announced in July 1997 Budget.
⁽³⁾ Announced in March 1998 Budget.
⁽⁴⁾ Announced in July 1998. Increase in NHS funding each year over the 1998–99 baseline.
⁽⁵⁾ Additions in the first bidding round from the Treasury Capital Modernisation Fund. Funds awarded for A&E Modernisation, action on cataracts and faster more convenient services, including dental access centres and Walk in Centres.
⁽⁶⁾Funding awarded from the HM Treasury Invest to Save Budget, rounds one and two.
⁽⁷⁾ Allocation from the Reserve made in December 1999 to help meet cost of generic drugs (£90m) and clinical negligence claims (£44m).