HL Deb 13 February 1992 vol 535 c35WA
Lord Denning

asked Her Majesty's Government:

Further to the Answer of Baroness Blatch on 20th January (H.L. Deb. col. WA 16), whether it is permissible in point of law for the Secretary of State on an appeal to admit or consider any evidence other than that presented in support of the application; and whether he can point to any provision in the statute which authorises him to adopt the "administrative practice" referred to in the Answer; and, in particular, which authorises him to hold a statutory inquiry in coming to his decision.

The Minister of State, Department of the Environment (Baroness Blatch)

Interpretation of the law is a matter for the courts. The question of consideration by the Secretary of State of evidence other than that presented in support of an application, has not been tested in the courts. The statute is silent on the procedure to be adopted by the Secretary of State in considering an appeal under paragraph 4(1) of Schedule 14 but we have put into effect administrative practices which have regard to the principles of natural justice.