Westminster City Council v National Asylum Support Service, (2002)

House of Lords

Status: [2002] UKHL 38

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Westminster City Council v National Asylum Support Service, (2002)

HOUSE OF LORDS

Lord Steyn Lord Slynn of Hadley Lord Hoffmann Lord Millett Lord Rodger of Earlsferry

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

WESTMINSTER CITY COUNCIL

(APPELLANTS)

NATIONAL ASYLUM SUPPORT SERVICE

(RESPONDENTS)

ON 17 OCTOBER 2002

[2002[ UKHL 38

LORD STEYN

My Lords,

1. I have had the advantage of reading the opinion of Lord Hoffmann. I share his view that this case should be decided on narrow grounds. I confine myself to expressing agreement with the views expressed by Lord Hoffmann in paragraph 49 of his opinion. I therefore agree that the appeal should be dismissed.

2. There is, however, a point on which I want to comment. It relates to the status of Explanatory Notes which now accompany most public bills in their progress towards enactment by Parliament. The Explanatory Notes to the Immigration and Asylum Act 1999 were placed before the House and relied on as arguably assisting in the interpretation of sections of the Act. Lord Hoffmann has not relied on this material. I would also not do so in this case. On the other hand, since Explanatory Notes are now sometimes placed before the House, it would be sensible to clarify their status.

3. The background is as follows. Brief explanatory memoranda used to be printed at the front of a Bill. Such a document was a précis and did not provide background. In addition ministers were provided with Notes on Clauses, which did by and large explain what a clause in a Bill was meant to do. Later, in an era of greater transparency, Notes on Clauses were made available to backbenchers.

4. In 1999 a new system was introduced. It involves publishing Explanatory Notes alongside the majority of public bills introduced in either Houses of Parliament by a Government minister: see Christopher Jenkins QC, First Parliamentary Counsel, "Helping the Reader of Bills and Acts" (1999) 149 NLJ 798. The texts of such notes are prepared by the Government department responsible for the legislation. The Explanatory Notes do not form part of the Bill, are...

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