Presumptions of Legislative Intent in R (Coughlan) v Minister for the Cabinet Office

Abstract

In R (Coughlan) v Minister for the Cabinet Office, the UK Supreme Court held that the Minister for the Cabinet Office acted lawfully when making orders which introduced, as a pilot scheme, a requirement for voter identification in local government elections in certain local authority areas. The case turned on the interpretation of section 10 of the Representation of the People Act 2000, pursuant to which the orders were made. This note argues that the Court erred when it concluded that the intended scope of the power created by section 10 was clear without first analysing the prior question of whether that power had to be interpreted restrictively. The Court's reasoning appears to misunderstand the operation of the presumptions in favour of a restrictive interpretation of interferences with fundamental rights and of ‘Henry VIII powers’. This note submits that, ultimately, the Court's approach threatens to erode the principle of legality.