The Law Society's director of public affairs, Robert Khan, gave evidence recently to the House of Lords Constitution Committee on the legislative process. The other witnesses were Michael Clancy, Director of Law Reform at the Law Society of Scotland, and Andrew Walker QC, Vice Chairman-Elect at the Bar Council.

The Committee asked a number of questions on the quality of drafting of legislation, opportunities for pre-legislative scrutiny and any effects of ‘bad’ legislation on members of the legal profession.

Mr Khan highlighted that while the quality of drafting is not necessarily a problem for solicitors in itself, the sheer volume and increasing complexity of legislation is problematic, particularly in areas such as immigration and tax law. To improve pre-legislative scrutiny, he suggested that the government could publish more draft Bills. He also highlighted that the short window for consultation that is often given by government during the policy making process makes it difficult for stakeholders to assess the likely impact.