Section 2 of the Curfew and Civil Disorder Act 1998

question 10

Multiple Choice

Section 2 of the Curfew and Civil Disorder Act 1998 states that: 'Under this Act 'lawful excuse' shall be limited to matters of emergency, public concern or other essential purpose.'
The Hansard reports reveal that, in relation to the Act, the Home Secretary, in response to a question in Parliament about the meaning of 'shall be limited to matters of urgency, public concern or other essential purpose' said: 'Clause 2 is very straightforward. The use of the word urgency is to denote a matter in need of immediate action or attention: a situation of necessity.'
How, and when, can counsel use the statement from Hansard in his/her argument regarding the meaning of the word 'emergency' contained in section 2 of the Act?

• A) The statement can never be used because the Home Secretary is discussing the word 'urgency', which has been changed to 'emergency' during the passage of the bill through Parliament.
• B) The statement can be used in argument as long as the rules in Pepper v Hart are satisfied.
• C) The statement can only used by counsel for the defence because section 2 can only be read eiusdem generis.
• D) The Home Secretary is talking in Parliament in answer to a question rather than reading out the explanatory notes accompanying the bill; consequently, the statement cannot be used.

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