Statutory Interpretation after PRCBC and O v SSHD: Should we ‘Waste the Court’s Time a Great Deal Less in Looking at Background Material’?

Abstract

The issue of statutory interpretation, and the assistance to be gleaned in that process from pre-legislative and Parliamentary materials, has been on the minds of various Supreme Court justices in recent times. The recent judgment in Project for the Registration of Children as British Citizens and O contains important warnings for practitioners wishing to rely on these materials but, furthermore, highlights what appears to be a sustained retreat from a more purposive, contextual style of interpretation into a more strictly literal approach. Such a trend would be constitutionally concerning, particularly at this time of legislative overhaul.