Select Committee on Deregulation First Special Report



Letter from Professor David Miers, Cardiff Law School to the Clerk of the Committee

The Chairman asked whether I would let him have any further observations. I have two that the Committee may wish to consider. They are:

    (a)  in the case of proposals to remove burdens from public bodies, an additional safeguard against the inappropriate dilution of their statutory duties is to require unanimity between the two Committees in respect of all of the issues raised by the proposal; and

    (b)  in the case of proposals to alter the common law by way of the order making power, a greater degree of legal certainty in the outcome would be

      (i)  to require the department as a matter of course to consult the Law Commission, and

      (ii) to require that the Law Commission approve the proposal (possibly with its own amendments) before the department proceeds with it.

Thinking further about this broad proposal, I feel almost wholly persuaded that it would not be appropriate to seek alterations to the common law without referring to the body whose statutory duty is to keep the law under review.

13 April 1999

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