Cabinet approves proposal to diversify Law Reform Commission

– Nandlall says APNU/AFC’s focus on lawyer commissioners “myopic”

When the former Government passed the Law Reform Commission Act in 2016, it structured the body so that only lawyers could be on the Commission. But Attorney General Anil Nandlall has described this as a “myopic” decision, one the Cabinet has approved changes to.
During a press conference on Monday at the Umana Yana, Nandlall revealed that he had tabled a proposal to Cabinet to have the Law Reform Commission Act amended to allow persons with varying expertise, whether in finance or law enforcement or in the social services sector, to sit on the Commission.
“’All the persons who are to be appointed must be legally-trained persons’ – that is a most myopic and unfortunate view of how a law reform commission should be constituted. Yes, the Commission must have persons of legal and judicial qualifications and experience.
“But a law reform commission and law-making are much more than technical law. There are social, financial, ethnic and cultural components. There are rights components. So when the Commission sits, it sits as an organisation that not only represents the entire society, but is qualified to canvas the interest of the entire society.”
But according to the Attorney General, the Cabinet has approved the proposed changes and as such, it would be tabled in the National Assembly. Nandlall also explained that the amended bill would mandate that certain sections of society must be consulted in order for them to provide nominees to be appointed.
“Cabinet has approved certain amendments to the Law Reform Commission Act that will see the appointments of persons other than lawyers: persons that are trained in finance, natural science, social sciences, law enforcement and law,” Nandlall explained during the press conference.
“The Law Reform Commission reforms the laws of the country and the laws cater for much more than the executive government of the day. It caters for every single person in the country. So, to monopolise that appointment power only in the executive and for the executives to determine by themselves who should constitute that commission, in my humble view, that is not what should be reflected.”
The Law Reform Commission Act, which was piloted by former Attorney General Basil Williams, was enacted in January 2016 under the former A Partnership for National Unity/Alliance For Change (APNU/AFC) Government.
According to that 2016 Act, the Law Reform Commission is a statutory body which shall consist of three to seven members including a Chairperson, who is appointed by the President, following consultation with the Legal Affairs Minister.
The amended Law Reform Commission Bill is just one of several bills the Government plans to table by this year end. Other bills to be laid in the National Assembly are the Small Business Bill, which will cover small businesses through financing and a regime of protection, as they move from stage to stage.
The Bail Bill, which is currently in circulation for consultation, will also be placed before the National Assembly. Nandlall had previously revealed that the Hire Purchase Bill would also be tabled in the National Assembly. He added that the legislation would give wider latitude and cover consumers who are making purchases on credit.
The Legal Affairs Minister had also revealed that an amendment to the Insurance Act was being crafted. The amended Act will allow third parties in a motor-vehicle accident to have greater coverage.