My Lords, I suppose I ought to take some part in this discussion. I hope to do so briefly, because I was a strong dissenter, on my own, against the decision in Pepper v Hart. I did not believe it was right to allow extraneous matters to be taken into account in construing an Act of Parliament. That Parliament had used the words, and that some Minister had said something in explanation, should not, to my mind, be used to deal with ambiguity. However, I was overruled then, and I am waiting for that judgment to be overruled in due course. Certainly, that judgment does not include statements not made in Parliament by people who are trying to say what they want to happen in the Act of Parliament, and the Explanatory Notes in no sense come within the judgment in Pepper v Hart. I have no doubt at all that the correct way to restrict a power to impose penalties is by putting the restriction into the Bill.
Trade Bill
Proceeding contribution from
Lord Mackay of Clashfern
(Conservative)
in the House of Lords on Wednesday, 6 March 2019.
It occurred during Debate on bills on Trade Bill.
About this proceeding contribution
Reference
796 c638 Session
2017-19Chamber / Committee
House of Lords chamberSubjects
Librarians' tools
Timestamp
2019-03-13 11:39:26 +0000
URI
http://hansard.intranet.data.parliament.uk/Lords/2019-03-06/19030663000183
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://hansard.intranet.data.parliament.uk/Lords/2019-03-06/19030663000183
In Solr
https://search.parliament.uk/claw/solr/?id=http://hansard.intranet.data.parliament.uk/Lords/2019-03-06/19030663000183