HL Deb 26 July 1990 vol 521 c1788WA
Lord Denning

asked Her Majesty's Government:

Following the answers of the Lord Chancellor on 27th July 1989 (HL Deb., col. 1670) and 15th June 1990 (col. 591), whether the Attorney General, as the representative of the Crown as parens patriae, should himself take proceedings asking the court to construe the common form of words in the trust deed, especially as the beneficiaries have not themselves the means, ability or capacity to do so.

The Lord Chancellor (Lord Mackay of Clashfern)

If a particular matter is drawn to his attention, the Attorney General, as protector of charity under the Crown, will consider whether or not to commence proceedings to seek declarations as to the proper construction of the trust deed in question, but the usual procedure is for the Attorney General to be joined as a defendant to proceedings brought (with the authorisation of the Charity Commissioners) by the trustees themselves, by any person interested in the charity or, in the case of a local charity, by two or more inhabitants of the area.

Lord Denning

asked Her Majesty's Government:

Whether the Attorney General, as the Representative of the Crown as parens patriae, should himself assist the parishes of Hampshire in their proceedings against Hampshire County Council to maintain the status of their footpaths and bridleways against the instrusion of motor vehicles authorised by the county council especially as the parishes have not themselves the means of legal knowledge to do so.

The Lord Chancellor

If a particular matter is brought to his attention which requires a public law remedy for the protection of the public interest, the Attorney General will consider whether he should bring an action to uphold the law for the general public benefit either himself or by lending his name to a relator action.