Topic 6

Topic 6 Law reform

Law reform

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Law reform

Influences on Parliament
The government may be influenced by organisations in changing existing laws or making new ones.

It may seek the advice of different organisations to help it

formulate its policy.

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Law reform

Law Commission (1)

The Law Commission Act 1965 set up the Law Commission as a permanent body. It consists of five legal experts chosen from the judiciary, legal profession and legal academics. Its job is to: identify areas of law where reform is necessary codify the law repeal obsolete laws consolidate and modernise the law, for example the Family Law Act 1996 changed the law on divorce

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Law reform

Law Commission (2)

The Law Commissions role in repealing obsolete legislation is more straightforward.

The Statute Law (Repeals) Act 1998 repealed over

150 complete Acts of Parliament, which were outdated. Parliament is not always keen to find time to pass the Law

Commissions draft bills, e.g. the lengthy Draft Criminal

Code.

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Law reform

Law Commission (3)

Around 70% of the Law Commissions proposals eventually become law, but a lot of the work that it does is

disregarded.
The government is not obliged to pass any of the Law Commissions recommendations.

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Law reform

Royal Commissions
Royal Commissions are groups of independent experts who are asked to consider a specific area of concern in the law.

They are set up on an ad hoc basis and work part time to

investigate issues and then formulate their proposals. Examples of Royal Commissions include the Runciman Commission, the Pearson Commission 1978 and the Wakeham Commission.

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Law reform

Other influences on Parliament

public inquiries media pressure groups manifesto promises

european Union law

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Law reform

Public inquiries
Public inquiries are usually set up after a serious event or disaster, e.g. the Taylor Report (set up after the

Hillsborough disaster) and the Cullen Report (set up after

the Dunblane tragedy).

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Media
The media may campaign for a change in the law, e.g. reports concerning pit bull terriers attacking

children led to the Dangerous Dogs Act 1991.

The campaign to name and shame paedophiles after the death of Sarah Payne was, however,

unsuccessful.

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Law reform

Pressure groups
The Fathers 4 Justice campaign uses publicity stunts (known as direct action), but so far it has been

unsuccessful. However, gay rights groups were successful

in getting the age of homosexual consent lowered from 18 to 16 in 2000. Pressure groups may lobby Parliament, e.g. trade unions lobby MPs to get better rights for workers.

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Manifesto promises
Political parties publish their proposals for new laws in a manifesto before a general election.

The Labour Partys manifesto in 1997 promised reforms to

the House of Lords, which have been carried through. The Conservative Party promised the introduction of the

poll tax in its 1987 manifesto.

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Law reform

European Union law

If UK law does not conform to EU law, Parliament must create a new law.

For example, the Sex Discrimination Act 1986 was

created to improve protection of female workers.