Government Rejects Bill Amending Evidence Law, Citing Recent Reforms and Lack of Clear Objectives

TDT | Manama                                                      

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The government has rejected a proposed law amending certain provisions of the Evidence Law concerning civil and commercial matters.

The bill aimed to establish stricter requirements for court experts, introduce governmental and judicial oversight, and grant courts the authority to appoint experts from a designated register.

In its rejection, the government argued that no compelling new reasons or urgent need exist to overturn the current law's approach.

It highlighted that the recently enacted law, which the proposed amendments would effectively repeal, has only been in effect for a short period.

The government emphasised the importance of maintaining legal stability and avoiding frequent legislative changes, which could undermine legal certainty and hinder individuals' ability to manage their affairs.

Frequent amendments, the government stated, disrupt the necessary relative stability of legal frameworks.

Furthermore, the government contends that the proposed bill fails to achieve its stated objectives. While the bill aims to improve governmental oversight of experts, hold them accountable, and define their responsibilities, its provisions lack the necessary mechanisms to achieve effective control or to address expert misconduct.

The government highlighted that the current law represents a modern approach, abandoning the previous system of pre-approved expert lists.

This aligns with advancements in expertise and technical consulting.

The current system allows parties to freely choose their experts, placing the burden of proof on them and helping to avoid protracted disputes related to expert fees, challenges to appointments, or appeals. This approach, the government concludes, is more efficient and avoids unnecessary delays.