RULES OF STATUTORY CONSTRUCTION: PARLIAMENT CANNOT LEGISLATE IN HASTE AND REPENT AT LEISURE

It is interesting to look at a short extract from the judgment of the Administrative Court in Hertfordshire County Council & Ors v Secretary of State for Housing, Communities And Local Government [2021] EWHC 1093 (Admin).  Parliament cannot legislate in haste and repent at leisure.

THE CASE

The court was considering whether legislation allowed the convening of local government meeting remotely.  Regulations made as a result of coronavirus allowed this for a limited period.  The question was whether it was allowed by statute once those Regulations ceased to have effect.

LEGISLATION PASSED IN HASTE HAS NO SPECIAL RULE OF CONSTRUCTION

The court was considering a submission in relation to construction that included the remark that the legislation was passed hurriedly.

It is no answer to say, as Mr Oldham did, that the 2020 Act was enacted in haste. There is no principle of construction which enables the courts to place less weight on a provision of primary legislation because it was passed in a hurry. Nor is it convincing to suggest, as Mr Moffett did, that s. 78(2) could have been inserted “for the avoidance of doubt”. If that had been its purpose, If that had been its purpose, Parliament could easily have made clear that existing powers to hold meetings included the power to hold those meetings remotely. It did not do that.”