Standard format for a government response to a Law Commission report

Below is template information to be used when preparing government responses to Law Commission reports.  Included is a coversheet for presentation to the House of Representatives, a template for the government response, and the standard recommendations to use in the associated Cabinet paper to the Cabinet Legislation Committee.  For information about the related process, see the CabGuide section on government responses to Law Commission reports.

Coversheet:

 

 

 

GOVERNMENT RESPONSE TO

LAW COMMISSION REPORT

ON

[title]

 

 

 


Presented to the House of Representatives

 

 

 

Content of government response:

GOVERNMENT RESPONSE TO LAW COMMISSION REPORT ON [title - as on cover page]

 

 

Introduction

An opening remark such as:

"The government has carefully considered the Law Commission's report on xx".

or

"The government welcomes the Law Commission's report which represents a major contribution to the development of policy on xx".

A sentence stating:

"The government responds to the report in accordance with Cabinet Office circular CO (09) 1".

Any general statements or explanations of the nature and content of the response, such as:

"The government has taken (or intends to take) action on the majority of the Commission's recommendations".

or

"The government has taken action on certain of the Commission's recommendations, but is as yet unable to respond positively on the recommendations dealing with xx because xx".

or

"The government has carefully considered the Commission's recommendations and has identified the need for further work on the issues raised. The government priority for this further work, relative to other higher priorities, means that significant progress on this work is unlikely to be made within the next xx."


Law Commission Report and Government Response

Law Commission Report

[Summarise key recommendations of Law Commission's report].


Response

List key recommendations of report and response in turn.

[For each recommendation or group of recommendations: State response. This should be concise and informative. Responses should be framed in terms of how "the government" responds to the issue, with references to the responsibilities of and action taken by particular Ministers/departments as appropriate].

Conclusion

Brief summary of overall response.

Below is the format for recommendations for a paper seeking approval by the Cabinet Legislation Committee (LEG) of the government response to a Law Commission report.

The Minister of xx recommends that the Cabinet Legislation Committee:

1.  note that on xx [date], the Minister Responsible for the Law Commission presented the Law Commission's report entitled xx to the House;

2.  note that the Law Commission recommended that the government:

     xx [summarise key recommendations of Law Commission's report];

3.  note that on xx [date],

     xx [summarise any relevant policy decisions taken with appropriate minute references];

4.  note the submission of the Minister of xx and in particular his/her advice that:

     xx [summarise main points of the proposed government response];

5.  approve the proposed government response, attached to this submission, to the report of the Law Commission entitled xx;

6.  note that the government response must be presented to the House by xx;

7.  invite the Minister of xx to present the government response to the House.

Note: The above format is set out on the basis of prior approval of the relevant policy issue.  If necessary, the proposed government response could be prepared and considered by a policy committee at the same time as the policy is considered.  In that case, the above recommendations should be adapted and added to the policy paper.  There would then be no need for the proposed government response to be considered by LEG.