The Royal Commission for Consolidating the Statute Law (also known as the Statute Law Commission of 1854) was a royal commission that ran from 1854 to 1859 to consolidate existing statutes and enactments of English law.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.[3]
The Royal Commission on the Criminal Law was established in 1833 and issued its final report in 1845, proposing a draft bill digesting criminal law and procedure.[2] However, the ambition for such a comprehensive legal was dissipating.[1]Lord Brougham introduced a bill embodying the digest, but it was withdrawn on an undertaking by Brougham's opponent, Lord Lyndhurst, that a second Commission would be appointed to revise it.
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law.[2] The Board issued three reports, recommending the creation of a permanent body for statute law reform.
The barrister Matthew Brickdale was appointed Secretary to the Commission.[2]Ker was the only paid member of the commission, receiving a salary of £1,000.[6]
The Commission concluded by observing that, which respect to current legislation:[2]
"Perhaps nothing satisfactory towards the improvement of future legislation can be effected until either a board or some other persons are appointed, whose duty it shall be either to prepare or revise and report upon all Bills before they are brought into Parliament, and to watch them during their progress through the two Houses, either as officers of the Lord Chancellor or of some other Minister, or as officers of the two Houses of Parliament"
Second report
The Commission issued its second report on 5 March 1856.[9][7][10] It recommended the adoption of two plans:[2]
The appointment of an officer or board to revise and improve current legislation
The adoption of a system of classification to the public general statutes
Third report
The Commission issued its third report on 11 June 1857.[11][12][13] The Commissioners stated that they had given instructions for the preparation of a classification of statutes and a register of statutes showing how far each statute was in force.[2]
Fourth report
The Commission issued its fourth report on 21 June 1859.[14][15] The Commissioners stated that the register and classification had been completed from the time of the union with Ireland to the end of the session of 1858 and that it was probable, from the data furnished by the register, that the whole of the existing statute law might be usefully consolidated into 300 or 400 statutes.[2]
The Commissioners had prepared 90 consolidating Bills and the work may require ten or twelve permanent draftsmen two years to complete.[2]
Criticism
The Commission incurred expenses of £40,052 23s. and 8d,[5] which was subject to criticism by Peter KingMP and George HadfieldMP as part of an 1869 resolution criticising the expensive process of legal revision that had taken place over 36 years, costing the country over £80,000 without yielding substantial results.[16]
In 1857 a Select Committee was appointed to consider the Commissioner's second report to improve the manner and language of current legislation. The Committee took evidence from Coulson, Ker, and Coode, but their proceedings were interrupted by the dissolution of Parliament before they had time to make a report.[2]
"A plan had been proposed to the Commission which had been to a considerable extent acted upon, and in accordance with which ninety- three Bills were then ready, or nearly ready, which would consolidate the whole of the criminal statute law, the whole of the mercantile statute law, and the whole of the real property statute law"
Pursuant to an order of the House of Lords dated 5 July 1859, the Register of Public General Acts, which had been prepared by the Commission and consisted of two volumes from 1800 to the end of 1858, was published.[2]