ABSTRACT
Section 5 of the Human Rights Act 1998 confers on a minister the right to be heard. The purpose of section 5(2) is to ensure that the appropriate minister has an opportunity to address the court on the objects and purposes of the legislation in question and any other matters which might be relevant. In R v A (Joinder of Appropriate Minister) (2001), the House of Lords ruled that where an issue was raised in criminal proceedings which might lead to the House of Lords considering making a declaration of compatibility, it was appropriate to join the Crown in advance of the appeal hearing. Where the Crown was already represented by the Director of Public Prosecutions, his role as prosecutor was different from that of a government minister in the discharge of executive responsibilities. The House granted the application for joinder made by the Home Secretary, who bore responsibility for promotion of the legislation in question. See also Wilson v First County Trust Ltd (No 2) (2003) (discussed above) in which the Attorney General appeared on behalf of the Speaker of the House of Commons and the Clerk of the Parliament intervened.
