The environment will be at the centre of legislative reform in the coming years. In some areas, the aim is to remove unjustified legal obstacles to the implementation of environmental policy, including inaccessible, complex or outdated legislation. In other cases, it may involve enabling innovations that help the country meet its climate commitments. Leaving the EU, meanwhile, required the implementation of thousands of pages of rules for our terrestrial and marine environment and wildlife through complex and conserved legal instruments of EU law. While the UK government`s commitment to make corporate reporting mandatory by 2025, in line with the recommendations of the Task Force on Climate-related Financial Disclosures (TCFD), shows a willingness to adopt positive reforms, the proposals and ongoing consultations with government departments and regulators may not go far enough. All reforms should explicitly require companies to report climate-related risks and ensure that all information complies with the TCFD. All companies are exposed to significant financial risk related to climate change – albeit to varying degrees – and, therefore, all companies should disclose a clear strategy with associated metrics and science-based targets aligned with the goals of the Paris Agreement. In addition, climate risks should be disclosed in a specific and quantifiable manner in companies` financial accounts. These mandatory reporting requirements should then be underpinned by strict monitoring and enforcement of breaches by regulators, as well as additional accountability tools for shareholders and investors to combat greenwashing. For example, directors` duties could be redefined to assume responsibility for promoting compliance with commitments under the Paris Agreement while exposing them to liability for shareholder claims if they fail to do so. As a starting point for the consultation, the Committee on Legal Affairs tentatively identified a number of priority areas where it considered legislative reform and/or intervention might be needed, including: emerging technologies; the withdrawal of the United Kingdom from the EU; the resilience of UK law in the wake of the COVID-19 pandemic; the environment; and, more generally, simplifying UK legislation to bring real and lasting benefits to individuals and organisations. The following projects have been included in our 13th programme, but have not yet started.

They will move to the 14th programme, so we do not need any further contributions to support this work. Thank you for your interest in the Law Commission and our 14th Legal Reform Program. Their input will help define priorities for legislative reform for the next three to four years. Within the extended timeframe, we intend to continue our discussions with the departments in Whitehall to refine the proposals made to us as part of the public consultation. If we are able to complete new work before the end of the program, we will seek departmental references for individual projects. We believe that national reform is an opportunity to keep pace with developments in the EU and beyond, and that compatibility with future EU rules will create fairness for consumers and safety for manufacturers/suppliers. The consultation on the Legal Commission`s 14th Legal Reform Programme lasted more than four months and ended at the end of July. While we have a duty to “review and revise all laws,” it is important that our efforts be focused on the areas of law most in need of reform and on the reforms most likely to be implemented. We focus on changes that bring real benefits to the people, businesses, organizations and institutions to which this law applies.

We received over 170 elaborate ideas for legislative reform covering almost every area of law in England and Wales. The vast majority were prepared by organizations and agencies representing a large number of experts or others affected by the proposed legislative amendment. We also received some very interesting ideas from members of the public. It should be noted that a number of projects that we have not yet started from the 13th programme onwards will be transferred to the 14th programme. We do not need bids for these projects. Details of the 13th programme projects that have not yet started can be found here. We are curious to see if there is room for a project to complete these changes and take stock. The Legal Committee could, for example, conduct a broad and in-depth consultation with all stakeholders to determine what has worked well and what has not worked so well and to try to identify concrete proposals for reform.

Not all legislative reforms suit the Legal Committee. For example, we cannot offer solutions to problems where the underlying problems are related to the allocation of funds. We are resolutely apolitical and do not interfere in matters of partisan politics. Our legislative reform agenda will not cover issues whose relevant considerations are primarily influenced by political judgements (e.g. abortion, the death penalty, decriminalisation of drug use) or issues of established government policy such as taxation. We do not consider problems that relate solely to a particular person`s experience with the law, as opposed to a more general problem. We cannot work on issues that only arise in Scotland or Northern Ireland. Please note that the consultation on Program 14 is now closed. Every few years, in accordance with our legal obligations, the Legal Affairs Committee conducts a public consultation to submit a draft legislative reform programme to the Lord Chancellor. Our 13th programme was approved at the end of 2017 and included 14 projects, complemented by subsequent additional projects recommended by ministers. Some of the projects of the 13th programme have not yet been implemented and are ongoing.

However, in view of the seismic changes that have taken place in the meantime, we believe that further consultations should be held with a view to agreeing on a new 14th programme. In March 2021, the Legal Affairs Committee launched a consultation on its 14th Legal Reform Programme[1] to gather public opinion on the areas of substantive law most in need of reform in England and Wales. As a leading law firm that often represents individuals and/or consumers who need clear and simple legislation that protects their legal rights and facilitates access to justice, Hausfeld welcomed the opportunity to respond to the Law Commission`s request. We are very grateful to everyone who took the time to respond to our consultation on Program 14. The quality of the submissions and the breadth of the ideas were truly impressive. We remain committed to taking forward as many legislative reform proposals as possible, whether in the context of the future 14th Programme or, in the meantime, as ministerial references. We believe there may be common themes in many potential legislative reform projects in the future. However, these are not exclusive, and we look forward to hearing whether or not your ideas fall into these categories: it is also necessary to obtain ministerial support from the ministry politically responsible for the respective area of law. If the government does not intend to reform the law and there is no realistic prospect that the recommendations we are making will become law, there is no reason for the Law Commission to embark on a legislative reform project. The PCA is now some 34 years old and we have identified in our response some areas where it may no longer be appropriate in light of technological and commercial advances since 1987. Artificial intelligence, machine learning, the Internet of Things and post-market software updates raise new questions that once again demonstrate the need to reform the APC.