free 10/11.
MR. WELLS:
Indeed, my Lord, and in my submission the irresistible inference, to be drawn from the fact that, whereas we know from the evidence or are informed by the evidence that the draft Order in Council in this case has been transmitted to London, nothing further has been done under it during the intervening two years, is that the authorities here, the Secretary of State, are waiting to know the opinion of this court.
LORD DONOVAN:
MR. WELLS:
The Attorney-General has made the concession. What more do you want than that?
He has conceded it only for the purpose of the application to strike out under order 18, rule 19.
LORD DONOVAN: He has got to advise the Government.
You have only to
look at the sections to see that something may be greatly wrong. The question is whether you challenge it now or later. The idea of this being of assistance to the Legislative Council is not a very impressive argument, speaking for myself. You have to look at the documents and look at the concession.
Page 11/12
LORD MORRIS:
MR. WELLS:
With regard to the concession of the Solicitor-General, I may have been under a misapprehension. I thought the concession was simply for the purpose of arguing these summonses, If the Solicitor-General is conceding that the proposed legislation would be ultra-vires, then I do not know what all this litigation is about and why you purport to introduce it. Correct me if I am wrong, but I thought his concession was simply for the purposes of this argument whilst maintaining the position that the proposed legislation would be intra vires.
Your Lordship is, with respect, perfectly right and the concession indeed, as I understand it, was made not for the purpose of both these summonses but only for the purpose of the second summons, order 18, rule 19.
LORD DONOVAN: That is perfectly true. I regard that as more of a
LORD MORRIS:
distinction without a difference really, because you have only to look at the proposed legislation and at the proposed powers and you see the result. The question is what is the proper time to challenge it. That is my present view.
With respect, I agree.