Oxford LibGuides: Legislation: Statutory interpretation

Statutory interpretation in England & Wales

Current practice

Pepper (Inspector of Taxes) v Hart (26 November 1992)
Free resource. Transcript of House of Lords decision. Note. This case has since been reported: the most authoritative version is [1993] AC 593.
Styles, 'The Rule of Parliament: Statutory Interpretation after Pepper v Hart '
Remote access requires Oxford SSO. (1994) 14 OJLS 151
R (Westminster City Council) v National Asylum Support Service
This links to transcript of judgment [2002] UKHL 38 It has subsequently been reported [2002] 1 WLR 2956. Lord Steyn on admissibility & role of Explanatory Notes in statutory interpretation.
Pepper v Hart - Commons Library Standard Note (2005)
Free resource "Following the decision in Pepper v Hart in 1993, if primary legislation is ambiguous or obscure the courts may in certain circumstances take account of statements made in Parliament by Ministers or other promoters of a Bill in construing that legislation. Until that decision, using Hansard in that way would have been regarded as a breach of Parliamentary privilege."

Intent & policy background

U.K. Parliamentary Papers (ProQuest)
Includes full-text access to HC papers 1801-2003/2004 and Hansard 1803-2005

Alternative names: HCCP ; House of Commons Parliamentary Papers (ProQuest) ; UK Parliamentary Papers ; UKPP

With all collections enabled, HCPP now includes over 200,000 House of Commons sessional papers from 1715 to the present, with supplementary material back to 1688. HCPP delivers page images and searchable full text for each paper, along with detailed indexing.
We have access to the following collections:
* 18th century (1688-1834)
* 19th century (1801-1900)
* 20th century (1901-2003/04 session)
* Hansard 1803-2005 the official record of the debates in the House of Lords and Commons.
Both Houses of Parliament, the Commons and the Lords, produce parliamentary papers. Although HCPP is a collection of Commons papers, some from the Lords are also included. This is because the Lords often presented papers to the Commons, such as reports prepared by Lords Select Committees. These reports were then included in the House of Commons Papers, and therefore appear in HCPP.

Explanatory Notes are documents that explain the purpose of a Bill. All Government Bills and some Private Members' Bills have an accompanying Explanatory Note. They can be found among the 'Bill documents' on the relevant Bill page. [Glossary on parliament.gov.uk]

Parliamentary Bills (Westminster, UK)
Part of official website. These pages show all Bills from 2006/07 onwards. Publications tabs will provide Readings etc
Older Bills are available at Bills in previous sessions.
Bills in previous sessions of Westminster
Part of official website. Collection starts c2001/2
Commons Public Bill Committee Debates
Free resource. From Session 2006/7. Also has Public Standing Committee Debates Session 1997-98 to Session 2005/6.
House of Lords Communications Committee (Archive)
Free resource Until the Dissolution of Parliament on 12 April 2010.
House of Lords Select Communications Committee
Official website established in May 2010.

For help with finding & using Hansard (online or in print on the Ground Floor) and other government official papers, please start with the special guide below, created by a Bodleian Official Papers colleague

Parliamentary Papers, Proceedings and Departmental Papers : UK
by Hannah Chandler Last Updated Aug 12, 2022 5622 views this year

Law Commission (England & Wales)
Official website of the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where it is needed. Its reports and consultation papers are made freely available.

Texts on topic

Chapters in introductory works on learning English law will naturally include a chapter or more on this. They can be useful first steps. One example is

Learning Legal Rules A Students' Guide to Legal Method and Reasoning by James Holland; Julian Webb
Call Number: KL130.HOL 2019
ISBN: 9780198799900
Publication Date: 10th edn, 2019

But naturally there are books looking at this issue in detail - from academic to practitioners to philosophical analysis. Some examples are below

Westlaw books
Has current edition of Craies on Legislation: a practitioners' guide to the nature, process, effect and interpretation of legislation. Print copy is at KL36.CRA 2020

A searchable database of over 300 books published by Sweet & Maxwell (Thomson Reuters)

Bennion on statutory interpretation by Bailey, Norbury, & Feldman editors
Call Number: Holders of an Oxford SSO can read this online via title link.
ISBN: 9781474307192
Publication Date: 8th edn 2020
Print copy is at KL35.1.BEN 2020
Thinking about Statutes : Interpretation, Interaction, Improvement by Andrew Burrows
Call Number: KL36.BUR 2018
ISBN: 9781108465786
Publication Date: 2018
The Nature of Legislative Intent by Richard Ekins
Call Number: Holders of an Oxford SSO can read this online via title link
ISBN: 0199646996
Publication Date: 2012
Print copy is at Jurisp 510 E36.5a
Elements of Legislation by Neil Duxbury
Call Number: Holders of an Oxford SSO can read this online via title link.
ISBN: 1107021871
Publication Date: 2012
Print copy is at Jurisp 510 D987f
The Law and Parliament by Gavin Drewry (Editor)
Call Number: KM82.4.OLI 1998
ISBN: 0406980926
Publication Date: 1998
Includes chapter by Geoffrey Marshall ‘Hansard and the interpretation of statutes’