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Where is the promised Law Reform Commission asks Trevor Moniz

UBP MP Trevor Moniz

Shadow Attorney General Trevor Moniz wants to know what has happened to plans for an independent Law Reform Commission — but Government is staying silent.

MPs passed the Law Reform Commission Act in June last year, when Junior Justice Minister Michael Scott told the House of Assembly it signified a "very crucial milestone" in law reform.

He said a commission would ensure the development and modernisation of Bermuda's laws, determine which obsolete or unnecessary acts need repealing and ensure that all legislation complies with the Constitution and international treaties relevant to the Island.

Its members would review all proposals for reform of the law and carry out studies on improving and modernising the statute books.

Mr. Moniz claimed the legislation was presented to Parliament as if it was going to be put into effect immediately, yet 15 months later it is still not in force. "What has happened to it?" he asked. The UBP MP said the Opposition had hoped Government would act swiftly to bring the commission into being, as it was needed.

Attorney General Kim Wilson could not be reached for comment on how plans for the commission are progressing. Ministry of Justice permanent secretary Kathy Lightbourne-Simmons did not respond to requests for information.

Finance Minister Paula Cox said in her Budget statement in March: "There is an allocation of funding to retain the services of a legislative drafter who will be attached to the Law Reform Commission, which is charged with responsibility for the systematic and continuing reform of the law."

Previously, Bermuda had a Law Reform Committee, which reported to Government and was most recently chaired by Puisne Judge Ian Kawaley. The committee — with Mr. Justice Kawaley as chairman — was listed in the 2010 Government boards published in the Official Gazette in January but is now believed to be defunct.

Mr. Justice Kawaley told this newspaper: "My tenure as chairman of the ad hoc Law Reform Committee appointed by the Attorney General and Minister for Justice came to an end on December 31, 2009.

"The committee was not, to my knowledge, reappointed in 2010. I have no involvement in the establishment of the statutory Law Reform Commission and, as such, cannot comment on the status of the setting up of this new body."

Kiernan Bell, president of Bermuda Bar Council, said she hadn't heard anything recently about the Commission.

"It's absolutely a good thing to have one," she said. "I think we are all on board with Government's plan to have an independent Law Reform Commission.

"It's a really good piece of legislation but I wouldn't say it's necessarily the most urgent piece of legislation. It may just be that they are dealing with other issues. At the end of the day, the law is there. It's now just a matter of creating the infrastructure. That can take time."