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NEWS
03 Mar 2009

Scottish Law Commission criticises lack of response to recommendations

The chairman of the Scottish Law Commission Lord Drummond Young has criticised the Scottish Government for consistent failure over the last ten years to implement the Commission's proposals for law reform.

Many of their recommendations ironically have been initiated by ministerial referral.

"It is a matter of some concern that the number of Commission reports that remain unimplemented has risen significantly since devolution," said Lord Drummond Young.

"Many of these reports result from Ministerial references, and in nearly all cases the report has not received any official reaction."

Drummond Young made his remarks as the Commission's annual report for 2008 was published.  He said that failure to implement the recommended reforms -which may not take place organically otherwise- would result in Scots law falling behind the rest of the world.

"The rate of implementation of Scottish Law Commission reports now compares unfavourably with other jurisdictions of similar size such as New Zealand and the larger Australian states," he said.

"The work of law reform bodies is particularly important in such jurisdictions because the opportunities to develop the law through court decisions are not as numerous as in larger jurisdictions. The danger is that Scots law will fall behind the rest of the world's legal systems in responding to the challenges of an era marked by rapid technological and economic change."

The Scottish Government this morning said they were "grateful" for the work of the Law Commission.


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