My Lords, I am preoccupied by what the Minister said earlier: that the effect of the Bill, essentially, would be to cut through a morass of various decisions in the common law and, thereby, clarify the situation for the assistance of the judge. I think I have paraphrased what he said reasonably well. Could the Minister deal with a technical point? Is there not a presumption in our law that the common law will be changed by statute only where statute makes it clear, beyond peradventure of doubt, that it is changing the common law? In other words, what common law is being changed by this particular clause that was not already dealt with by the 2006 Act? In other words, what specific common law, now extant, is being changed, if at all? If not, can there be any validity to the clause at all?
Social Action, Responsibility and Heroism Bill
Proceeding contribution from
Lord Elystan-Morgan
(Crossbench)
in the House of Lords on Tuesday, 18 November 2014.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Social Action, Responsibility and Heroism Bill.
Type
Proceeding contribution
Reference
757 c409 
Session
2014-15
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2015-05-22 06:29:31 +0100
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