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Royal Commissions |
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Rare and expensive |
Often called for but very rare
due to their expense and time taken to report. The have enormous power and
are extremely influential. |
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Ad hoc committees |
Royal commissions are ad hoc
advisory committees established by the government. Though formally appointed by
the Crown, hence the "royal" - to investigate any subject the
administration of the day sees fit to refer to one.
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Non-political |
They are often used for
non-party political issues.
Or for issues
that a government wishes to be seen as addressing in a non-party political
way.
A government is
not bound to accept the advice of any royal commission.
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Used for controversial
issues |
In practice,
royal commissions have sometimes been established to deal with issues that
a government feels may be too controversial to be seen tackling itself.
For example, in
recent years various politicians have campaigned for a royal commission to
examine the issue of the decriminalisation of cannabis.
But some royal
commissions have also been seen as ways of sidelining issues.
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Size and composition varies |
The government sets the size of
a royal commission, its chairperson, membership and remit. Most
commissions take evidence, deliberate and then produce a final report. |
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Take two – four years (hence
their cost)
Some are permanent |
The government
usually outlines at the time of its establishment when it expects a royal
commission to produce its final conclusions. The average duration from
establishment to report is between two and four years.
But certain
royal commissions can have a semi-permanent existence. For example, the
Royal Commission on Historical Manuscripts was first set up in 1869 with
the task of advising and assisting in the preservation of historical
manuscripts and to publish them. It is still in existence today.
Royal Commission on
Environmental Pollution is a standing (permanent body).
The Royal Commission on Environmental Pollution is an independent standing
body established in 1970 to advise the Queen, the Government, Parliament
and the public on environmental issues. |
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Royal Commission on Capital Punishment |
The Royal Commission on Capital Punishment (Cmnd 8932 1949-1953)
recommended an extended insanity defence; instead the defence of
diminished responsibility was created by
Section 2 Homicide Act 1957.
It requires that the defendant was suffering from an abnormality of mind –
which can arise from a number of conditions – which substantially impaired
his or her mental responsibility at the time of the killing. |
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The Royal
Commission on Criminal Justice ( Runciman
1991 - 1993) |
Formed after
several high profile miscarriages of justice. Led to the
Criminal
Appeals Act 1995 and the establishment of the permanent
Criminal
Cases Review Commission,
and
the
Criminal Justice and Public Order Act 1994, which implemented many of
its recommendations. But, not on the ‘right to silence’ the government
ignored the advice of the Commission.
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The Royal
Commission on Civil Liability ( Pearson
1978) |
Considered no fault system in
Tort. Ignored by successive governments and never likely to be
implemented. Overtaken by the Woolf Report, ‘Modernising Justice’. |
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Royal
Commission on Criminal Procedures ( Phillips
1981) |
Led to the
Police and Criminal Evidence Act 1984. |
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The Royal
Commission on Legal Services ( Benson
1979) |
Largely recommended no changes
required. |
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The Royal Commission on The Police (1962) |
Lead to the creation of the CPS. |
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Royal Commission on
Long Term Care for the Elderly (1998) |
Has had only a modest influence. |