Skip to main content

Proceeding contribution from Lord Elystan-Morgan (Crossbench) in the House of Lords on Tuesday, 28 October 2008. It occurred during Debates on delegated legislation on Landsbanki Freezing Order 2008.


Landsbanki Freezing Order 2008

My Lords, I, too, tender my warmest congratulations to the Minister and wish him every fulfilment and success in his new role. I take up the point raised by the noble Baroness, Lady Noakes, which was to some extent echoed by the noble Lord, Lord Newby, with regard to the powers under which these orders are tendered. There is no reference to terrorism in Part 2 of the 2001 Act. Therefore, there can be no question as to, first, the efficacy and, secondly, the essential validity of an order made under Sections 4 and 14 of the 2001 Act. Even had there been a reference to terrorism, the golden rule of statutory interpretation would have applied, which is that, where the grammatical language of a provision is clear enough, even though Parliament may have had some different intention at the time, the ordinary grammatical words of the provision should apply. That applies to documents, including wills, and is of many centuries’ standing. Therefore, there does not seem to be any real question about using these powers in the way that they are used now.


Secondary information

Type
Proceeding contribution
Reference
704 c1554 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Assets Banks Financial markets Guarantees Iceland Landsbanki Freezing of assets
Legislation
Landsbanki Freezing Order 2008
Link
View this Proceeding contribution on www.publications.parliament.uk