Law Reform Commission
– as establishment gathers steam
The Government is in the process of putting together an interview panel, with the view of officially establishing the long-awaited Law Reform Commission – a commission that despite being allocated monies since 2016 is yet to get off the ground.
During a press conference on Saturday, Attorney General Basil Williams related that two persons have already been brought in for the three-member panel. However, he shied away from providing a timeline on when the Commission would be operational.
“We are establishing an interviewing panel. And, of course, we’re looking for qualified people who can perform that task. We have two; we have to get a third one. And we’ve had applications. So, that’s ongoing.”
In a recent notice, the Legal Affairs Ministry solicited applications from eligible candidates to sit on the Commission, which will be tasked with reviewing many of Guyana’s laws inherited from colonial times.
According to the Ministry, the Commission’s terms of reference will include “keeping under review the laws of Guyana with a view to its systematic development and reform, including in particular the modification of any branch of the law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments”.
The Ministry also noted that the Commissioners, who would be employed on a full-time basis, would be focused on reducing separate enactments: simplifying and modernising the laws of Guyana.
In January of 2016, Government had approached the National Assembly to pass the Law Reform Commission Act Number 4 of 2016 and appropriated millions for the Commission’s establishment. But the Commission was not established, with its future in limbo up until Finance Minister Winston Jordan’s announcement.
The Commission is also mandated by the law to receive and consider suggestions for the reform of laws. These suggestions, according to the Act, can be made on the invitation of the Commission and can come from Judges, public officials, lawyers, and the general public.
The Commission also has to “prepare and submit to the Minister specific programmes for the examination of different branches of the law with a view to reform, including recommendations as to whether such examination should be carried out by the Commission or some other body.”
In order to fulfil its functions, the Commission is allowed to set up law reform committees that would examine particular aspects of the laws to make their recommendations. These committees, according to Section 8 (2) of the Act, do not have to be restricted to legal professionals.
During his budget presentation, Attorney General Williams had argued that the Commission would undo the laws Guyana inherited from the United Kingdom before independence, “many (of which) are archaic and irrelevant to our society”.
There are a number of legislative acts likely to be scrutinised and changed if the Commission comes on stream. These include the laws pertaining to the Public Procurement Commission (PPC) and laws regarding possession of marijuana.
