CONFIDENTIAL
in Parliament during the passage of the Bill). If Ministers wished to strengthen their position in law, it would be necessary to enshrine this in some way in the legislation (which would of course complicate the passage of the Bill).
(e) But even if there were such a provision in the legislation, it is by no means certain that the courts would find in our favour
on appeal.
3.
I will be submitting shortly with more considered legal views
The and recommendations about possible alternative ways forward. point will of course be covered in the briefing I am submitting for the OD (K) on 15 March.
PUP ABQ
ARPanc
A R Paul
CONFIDENTIAL