§ Lord RENTONMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government what is their policy with regard to implementing recommendations 111 to 121, dealing with Interpretation of Statutes, of the report of the committee on The Preparation of Legislation (Cmnd. 6053).
§ The LORD CHANCELLOR (Lord Hailsham of Saint Marylebone)My Lords, the Government's attitude to the implementation of these recommendations must be strongly influenced by the discouraging reception which this House gave to similar proposals in the form of a Bill which was introduced earlier this Session by my noble and learned friend Lord Scarman and withdrawn at its Second Reading debate.
§ Lord RENTONMy Lords, while thanking my noble and learned friend for that reply, may I ask him whether he is aware that the Bill proposed by the noble and learned Lord, Lord Scarman, was not in accordance with all the recommendations of the committee on The Preparation of Legislation? Would he not surely agree that what is now necessary is that we should enact that judges should construe 1326 statutes in a way which achieves their general legislative purpose?
§ The LORD CHANCELLORMy Lords, I must here, if I follow the Athanasian Creed, while maintaining the substance of my remarks, distinguish between Lord Hailsham and the Lord Chancellor because, as my noble friend will be aware, when earlier in this Session I was replying to the debate on the Bill to which I referred, I was relatively favourable. But I do not think, having been present throughout the debate, that it really could be said that the rather frosty reception which it received on almost all hands, except from the noble and learned Lord, Lord Scarman, and myself, was very encouraging even from the slightly different point of view which my noble friend put forward in his report. I myself have always thought that literalism in the interpretation of statutes had won too complete a victory, but one really cannot disregard the almost united feeling of the Law Lords and—indeed, I see him looking at me with a basilisk stare—the less than enthusiastic reaction of the noble and learned Lord, Lord Elwyn-Jones.
§ Lord ELWYN-JONESMy Lords, are the noble and learned Lord the Lord Chancellor and Lord Hailsham aware that the report is now, unhappily, out of print? Does that indicate an intention to bury it for all time?
§ The LORD CHANCELLORNo. my Lords; quite the reverse. I was surprised the other day to find that it was out of print. I think the answer is that it was a best seller and was intensely popular with a wide range of people both in the learned professions and outside in the public. I should be sorry to think that it was to be buried. I have made inquiries as to whether a small reprint could be ordered, but whether it will be I cannot say. It depends on all sorts of people.
§ Lord RENTONMy Lords, may I ask my noble and learned friend the Lord Chancellor and my noble and learned friend Lord Hailsham to keep open minds on this rather more narrow but very important point which I have raised about judicial interpretation?
§ The LORD CHANCELLORMy Lords, I think both our minds are open, but I think we are slightly discouraged by the preponderant view on the Cross-Benches.