Law Commission (Triennial Review)

Wednesday 9th January 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

In March 2011 the Government responded to the Public Administration Select Committee report “Smaller Government: Shrinking the Quango state” setting out the coalition’s plans for reforming the public bodies sector. It includes the requirement to undertake triennial reviews of Executive and advisory non-departmental public bodies (NDPBs).

The Law Commission is an independent statutory body with a mandate to keep the law under review and make recommendations for reform as appropriate. It was established as in 1965 by the Law Commissions Act 1965. Its remit covers the law of England and Wales; Scotland and Northern Ireland have their own similar, but separate, commissions.

To deliver the coalition Government’s commitment to transparency and accountability the Law Commission will be subject to a triennial review. The Ministry of Justice, as the sponsoring Department, has today launched a consultation, which will last until 6 February 2013, inviting views. In line with Cabinet Office guidance, the review will consider the following:

the continuing need for the Law Commission—both its functions and its form; and

where it is agreed that it should remain, to review the control and governance arrangements in place to ensure that the public body is complying with recognised principles of good corporate governance.

In conducting the triennial review, officials will be engaging with a broad range of stakeholders and users of the Law Commission. The review will be aligned with guidance published by the Cabinet Office: “Guidance on Reviews of Non Departmental Public Bodies”. The House will be notified of the conclusion of the review.