Updated statute book won’t make anyone a legal expert; but it’s a start – Halsbury’s Law Exchange

Posted June 21st, 2013 in legal education, legislation, legislative drafting, news by tracey

“I’ve been following the Parliamentary Counsel’s laudable ‘good law’ initiative with interest (details on the Cabinet Office site here). The aim of the initiative is to have law that is #necessary, clear, coherent, effective and accessible’. The focus, perhaps naturally for the OPC, is on the complexity and drafting of legislation. Their document ‘When laws become too complex’ is well worth a read for anyone who regularly deals with legislation.The first thing that strikes me is that this initiative is really about good legislation rather than good law since case law doesn’t get much of a mention. But, for the sake of argument, let’s agree that good legislation gets us half way to good law and is worth our consideration.”

Full story

Halsbury’s Law Exchange, 20th June 2013

Source: www.halsburyslawexchange.co.uk

Jack Simson Caird: A Proposal for a Code of Legislative Standards? – UK Constitutional Law Group

“On the 20 of May the House of Commons Political and Constitutional Reform Committee (the PCR) published its report on legislative scrutiny standards titled ‘Ensuring standards in the quality of legislation’. The Report contains two eye catching and ambitious proposals for parliamentary reform: the creation of a joint committee on legislative standards and the adoption of a code of legislative standards. This blog is about the second of these proposals. The proposal is a significant one, and if implemented it would dramatically improve the information available to parliamentarians in their scrutiny of government bills. The PCR’s code is in effect a series of questions and demands for information relating to the content and to the timetable of a bill, that the government would answer within the explanatory notes to a bill. In this blog post, I draw attention to the code proposed by the PRC and I offer a critique of their approach, and in particular of the decision not to include substantive legislative standards.”

Full story

UK Constitutional Law Group, 14th June 2013

Source: www.ukconstitutionallaw.org

Ofcom anti-piracy code delayed until 2015 – OUT-LAW.com

“Internet users who are suspected of illegally downloading copyrighted material will not be sent warning letters about their behaviour until the second half of 2015 at the earliest, the Government has confirmed.”

Full story

OUT-LAW.com, 10th June 2013

Source: www.out-law.com

Fast-track legislation preventing proper scrutiny, says rights committee – The Guardian

“The increasing use emergency legislation, lack of adequate debating time and insertion of last-minute amendments are preventing effective parliamentary scrutiny of new laws, a committee has said.”

Full story

The Guardian, 15th April 2013

Source: www.guardian.co.uk

Tenants to be given right to challenge rogue letting agents – The Guardian

“Tenants are to be given the right to challenge rogue letting agents for the first time after the government agreed at the 11th hour to a legislative amendment requiring all agents to sign up to a mandatory redress scheme.”

Full story

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Complexity of parliamentary legislation ‘undermining the rule of law’ – The Guardian

Posted April 16th, 2013 in legislation, legislative drafting, news, parliament, regulations, rule of law by sally

“Parliamentary legislation is excessively complex and its confusions undermine the rule of law, according to the official in charge of drafting government statutes.”

Full story

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Badly written law could deprive 4m of their pensions – Daily Telegraph

Posted November 19th, 2012 in legislative drafting, news, pensions by sally

“Four million employees could miss out on employer pension contributions until 2017 because poorly drafted legislation has left a loophole in auto-enrolment, the Government’s flagship pensions policy.”

Full story

Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Understanding legislation – Halsbury’s Law Exchange

Posted July 31st, 2012 in interpretation, legislation, legislative drafting, news by sally

“Thomas Pascoe in the Telegraph gives a familiar layperson’s lament about the amount and complexity of legislation in the UK.”

Full story

Halsbury’s Law Exchange, 31st July 2012

Source: www.halsburyslawexchange.co.uk

O(B) v Director of the Serious Fraud Office – WLR Daily

O(B) v Director of the Serious Fraud Office: [2012] EWCA Crim 901;  [2012] WLR (D)  133

“In contempt of court cases, there was a right of appeal to the Supreme Court from the Court of Appeal, Criminal Division, by the route of rectification of section 378 and paragraph 45(2) of Schedule 16 to the Armed Forces Act 2006 which had deleted the reference to the Court of Appeal, Criminal Division and inserted no new reference. The substance of the provision Parliament would have made had the drafting error been noticed, occasioned no difficulty. All that would have been required was the insertion of express wording following ‘Court of Appeal’ in section 13(2)(c) of the Administration of Justice Act 1960 (as amended) making it plain that ‘Court of Appeal’ encompassed both civil and criminal divisions. The rectification preserved an important right of appeal and avoided an outcome which had no rational justification.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Flachglas Torgau GmbH v Federal Republic of Germany – WLR Daily

Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09);  [2012] WLR (D)  45

“The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be applied to ministries to the extent that they participated in the legislative process, in particular by tabling draft laws or giving opinions.”

WLR Daily, 14th February 2012

Source: www.iclr.co.uk

Transitional arrangements for Localism Act announced – OUT-LAW.com

Posted January 23rd, 2012 in legislative drafting, news, planning, referendums by sally

“Last minute transitional arrangements have been announced to facilitate a smooth transition for provisions in the Localism Act and to close a drafting loophole. The arrangements are set out in a Commencement Order, following the enactment of the Localism Act In November 2011.”

Full story

OUT-LAW.com, 20th January 2012

Source: www.out-law.com

Legislation nightmares leave us scratching our heads – Halsbury’s Law Exchange

Posted November 2nd, 2011 in civil justice, criminal justice, legislative drafting, news, parliament by tracey

“As Stephen Levinson’s recent post has reminded us, we are not living in a golden age of legislative drafting. In the field of criminal law, some particularly ghastly examples of bamboozling legislation can be found in various provisions of the Criminal Justice Act 2003 – described by no less an authority than Rose LJ as ‘at best, obscure and, at worst, impenetrable’ (R v Campell [2006] EWCA Crim 726, [2006] 2 Cr App R (S) 626 at [1]).”

Full story

Halsbury’s Law Exchange, 2nd November 2011

Source: www.halsburyslawexchange.co.uk

The law-making process: could do better! – Halsbury’s Law Exchange

Posted October 31st, 2011 in employment, government departments, legislative drafting, news, tribunals by sally

“‘Good regulation is a good thing’ is the trite introduction to the government’s red tape challenge, before saying we have too much of the other sort. The proposition is that reducing the quantity of regulation is the answer. This is myopic because if quantity is one possible burden on business, so is poor quality law. Poor quality is not about political or policy disagreements, but simply the production of badly-drafted law that is difficult to understand, because it is too complex or simply unclear.”

Full story

Halsbury’s Law Exchange, 28th October 2011

Source: www.halsburyslawexchange.co.uk

Peers concern at ‘tsunami’ of new legislation – BBC News

Posted September 6th, 2011 in legislation, legislative drafting, news, parliament by sally

“A ‘tsunami’ of legislation means laws are being passed without proper scrutiny, peers have told the BBC.”

Full story

BBC News, 5th September 2011

Source: www.bbc.co.uk

The increasing world of regulation and compliance – Law Society’s Gazette

Posted June 23rd, 2011 in consultations, EC law, legislative drafting, news, regulations by sally

“In a secret location in the UK, there is a warehouse the size of a football pitch that climbs five storeys into the sky. Under its gargantuan roof are more than three million boxes and, in these boxes, are thousands and thousands of files and innumerable documents.”

Full story

Law Society’s Gazette, 23rd June 2011

Source: www.lawgazette.co.uk

Legislation titles – what’s in a name? – The Guardian

Posted March 24th, 2011 in bills, legislation, legislative drafting, news by sally

“The protection of freedoms bill shows it is not always easy to ensure a bill’s ‘short title’ accurately summarises its contents.”

Full story

The Guardian, 24th March 2011

Source: www.guardian.co.uk

UK will copy EU laws directly onto UK statute books to cut down red tape – OUT-LAW.com

Posted December 17th, 2010 in EC law, legislative drafting, news by sally

“The Government will copy and paste EU Directives onto the UK statute books wherever it can in a bid to cut down on bureaucracy and to help UK businesses.”

Full story

OUT-LAW.com, 16th December 2010

Source: www.out-law.com

Solicitor General: speech to the ALBA summer conference – Attorney General’s Office

“New Solicitor General Edward Garnier QC MP addresses the Constitutional and Administrative Law Bar Association about the role of the Law Officers.”

Full speech

Attorney General’s Office, 17th July 2010

Soruce: www.attorneygeneral.gov.uk

Legal blunder allows drivers to get away with littering – The Times

Posted October 31st, 2008 in environmental protection, legislative drafting, litter, news by sally

“Thousands of motorists who litter Britain’s roads every day are escaping penalty because of a bureaucratic blunder.”

Full story

The Times, 31st October 2008

Source: www.timesonline.co.uk

Regina (Kelly) v Secretary of State for Justice; Regina (Bailey) v Same; Regina (Gibson) v Governor of Wymott Prison – Times Law Reports

Posted March 18th, 2008 in law reports, legislative drafting, sentencing by sally

Regina (Kelly) v Secretary of State for Justice; Regina (Bailey) v Same; Regina (Gibson) v Governor of Wymott Prison

Court of Appeal

“In the criminal sentencing context, the court could read words into a statutory instrument to correct a drafting omission.”

The Times, 18th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.