HL Deb 22 June 1992 vol 538 cc21-2WA
Lord Denning

asked Her Majesty's Government:

Further to the Answer of the Lord Chancellor on 2nd June 1992 (H.L. Deb., col. WA59), whether the true interpretation of an Act of Parliament is for the Courts of law only and not for any government department: and whether the words "heard and determined" in Section 5 of the Appellate Jurisdiction Act 1876 require an oral hearing in the presence of three Lords of Appeal and are not satisfied by a mere reading by three Lords of Appeal in private of the petition referred to in Section 4 without any hearing.

The Lord Chancellor (Lord Mackay of Clashfern)

Yes. The final interpretation of an Act of Parliament is for the courts to decide and not a government department. However, in such circumstances as these, where Her Majesty's Government is asked a question, it is for the Government to respond after taking the appropriate advice. I am consulting further with the Lords of Appeal in Ordinary about the point on Section 5 of the Appellate Jurisdiction Act 1876 raised by the noble and learned Lord. I shall then write to him.