in the Statute Law which would remove doubts and inconsistency,
and get rid of obsolete provisions. Either a Minister
of Justice or one of the existing Ministers along
with his other duties should be definitely responsible
for seeing that the work is done without undue delay
or expense. Probably a small Joint Committee of
Lords and Commons might consider any cases where amendments
were made, and, if they approved of the revised and
consolidated Statutes, the Committee stage in both
Houses might be dispensed with, and a single reading
of the Bill of revision or even merely “to lay
it on the table” would be quite sufficient to
preserve the general authority of Parliament over
legislation of this kind. A small executive department
should be established under the direction of the Minister
for dealing with all details and drafting the proposed
Bills. There should be a permanent head of such
a department with a small but efficient staff and
proper accommodation for carrying on the work, which
would be continuous, in order not only to put but
to keep the Statute Law in proper form. The head
of such a department should have a very free hand
as regards the mode of carrying on the work, subject
to certain general regulations laid down as to the
scope of his duties, and the expense that might be
incurred, and the department should be free from some
at least of the ordinary conditions relating to the
Civil Service. With the advantage of existing
experience, such a department might be constituted
on sound lines within a week or two, and its work would
result in saving time and trouble to Courts, to local
authorities, to private individuals, and to various
government departments themselves. The cost of
such a department would be covered over and over again
by the improvements effected. It is a comparatively
small matter, but the lines of action are so clear
and so definite, and it would be so easy to make the
necessary arrangements in a few days, that it might
be taken as an example of the way to effect a reform
promptly.
The huge mass of emergency legislation which has come
into existence since the War would no doubt require
separate consideration. That exceptional legislation
will have to be revised and almost the whole of it
repealed, in some cases at once and in others within
a short time after the close of the War. This
question is already engaging the attention of the
Government. It is not an easy task, but the transition
to freedom should be made as rapidly as possible.
The action to be taken, however, in many cases, will
very closely affect trade, and in these cases the
question is not one primarily for lawyers; even the
officials with most experience will require the advice
and guidance of those who know each trade practically.
The more anyone in the discharge of official duties
learns of the course of trade in any commodity the
more he will recognise the necessity for practical
knowledge of the conditions of that trade,
and the futility of attempting to deal with any question
affecting it without hearing those who have been actually
engaged in it. What an intelligent open-minded
man might expect to happen is very often exactly what
does not in fact happen. It is tempting to give
concrete examples which have forced themselves into
notice, but limitation of space forbids.