Clause 50 - Law Commission
Justice (Northern Ireland) Bill
3:15 pm
Mr Des Browne (Parliamentary Under-Secretary, Northern Ireland Office; Kilmarnock and Loudoun, Labour)
The hon. Member for Reigate was right to point out that the review's recommendations for the composition of the commission, as set out in paragraph 14.55, are directly reflected in clause 50. Its recommendations are not surprising, given the discussion and the information it gleaned from throughout the world. It was fulfilling its remit in the Belfast agreement, which included a requirement to consider measures to improve the responsiveness, accountability and lay participation in the criminal justice system. Lay participation was part of its remit and it responded to that, as it responded to other recommendations in the review.
The hon. Lady was right to point out that some Law Commissions are made up entirely of lawyers, whether judges, barristers, solicitors or academics, but that is not universal. There is a clear example in Canada where one commissioner is described as a director of corporate development for Island Telecom Inc. That does not fit the description that the hon. Lady wants to include in the Bill.
Many of the changes in the law that the hon. Lady and I have welcomed during the past 20 years, especially in relation to children and victims, have been driven not by lawyers or law commissions, but by demands made by Parliament in response to lay people's appreciation and understanding of, and sometimes dissatisfaction with, the shape and application of the law.
Under clause 51, the Law Commission is required to deal with other matters, including simplification and modernisation of the law. Simplification can sometimes be achieved by involving people who are not steeped in the traditions of the law and its vocabulary, but who can provide a different view.
The commission will examine practice and not just complex black letter law. It will have a staff whose qualifications and research abilities will help to inform the commissioners. I do not want to leave the Committee with the feeling that the five commissioners will have the burden of all the commission's work. They will be supported with appropriate resources and staff.
The hon. Lady said rightly that care must be taken when appointing the fifth member of the commission to ensure that they have the skills not only to hold their own with the legally qualified members, but to
bring a welcome and complementary perspective to the commission's work. The Government believe that the opportunity to involve a skilled layperson is an improvement on the position in other parts of the United Kingdom, and I am sure that the people of Northern Ireland will welcome that in years to come.