ABSTRACT

Precise words are avoided in drafting because of the risk that another Minister, or even the same one, will later wish to think differently, because policies or circumstances change. Thus one can see why precise expressions of policy tend not to appear in statutes even though Parliament undoubtedly has the power to be more precise if it wished. Thus one might expect the precise expression of ministerial policy to come after legislation, possibly as another White Paper, or as regulations, or perhaps as a considered ministerial statement in Parliament, or as directions to the Board. Implicit in the Select Committee’s report is that all, or perhaps almost all, policies are capable of expression as economic criteria. If Ministers had a duty and power to lay down general policies for nationalized industries, then it is difficult to see how the industries could have autonomy.