HL Deb 20 July 1995 vol 566 c40WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that the United Kingdom has given effect to Recommendation No. R(80)2 concerning the exercise of discretionary powers by administrative authorities (adopted by the Committee of Ministers of the Council of Europe on 11 March 1980), recommending that the following basic principles should apply to the protection of the rights, liberties or interests of persons with regard to administrative acts taken in the exercise of discretionary powers, namely, that an administrative authority, when exercising a discretionary power should: (a) not pursue a purpose other than that for which the power has been conferred; (b) observe objectivity and impartiality, taking into account only the factors relevant to the particular case; (c) observe the principle of equality before the law by avoiding unfair discrimination; (d) maintain a proper balance between any adverse effects which its decision may have on the rights, liberties or interests of persons and the purpose which it pursues; (e) take its decision within a time which is reasonable having regard to the matter at stake; and (f) apply any general administrative guidelines in a consistent manner while at the same time taking account of the particular circumstances of each case.

The Lord Chancellor

The principles by which the recommendation invites governments of member states to be guided are, in the view of the Government, encompassed by the principles applied by the courts in deciding the lawfulness of administrative decisions or acts undertaken in the exercise of discretion.