Preamble: An Aid to Interpretation
It clearly shows that preamble has been taken to indicate the basic policy of any statute. I was an old view as is clear from the date of the decision/opinion in the case.“There is of course the danger that a purpose section would be merely descriptive or even a political manifesto. There is a difference between a statement of purpose which is designed to throw some light on the Bill and its legal effect, and a mere manifesto. It is felt that statements of purpose in Preambles are vulnerable to being mere manifestos and that if such statements are to be of any use that they should be contained in a clause in a Bill. The Renton Report recommended that they should be used when they are the most convenient way to clarify the scope and effect of legislation. They are also supported by LORD CAMPBELL of ALLOWAY Q.C.: "We should legislate in general terms on matters of principle, using when convenient a 'purpose clause' to express the intention of Parliament and to clarify the intended scope and effect of the delegated legislation which will deal with matters of detail under statutory instrument.[1]"
This is now clearly established both in Australia and in England, not merely because of the use of the word "impotent" in the preamble to 43 Eliz. c.4, though the process of referring to the preamble is one often used for reassurance, but because the provision of medical care for the sick is, in modern times, accepted as a public benefit suitable to attract the privileges given to charitable institutions. This has been recognised in the High Court in Australia in Taylor v, Taylor [2] per GRIFFITH C. J. and Kytherian Association of Queensland v, Sklavos.[3]
The preamble to the Valuation Act, 2001 states that it is, inter alia, an Act to revise the law relating to the valuation of properties, for the purposes of the making of rates in relation to them and to make new provision in relation to the categories of properties in respect of which rates may not be made and to provide for related matters. An objective of the Act therefore, is as the preamble says, to re-cast or review the categories of properties not liable for rates, that is those which are to be exempt from liability. These categories are not further identified in the preamble[4].” It will be recollected that the preamble to the Act identifies the purpose of the Act which is to make ‘new provision’ in relation to the categories of land which are to be exempt. This rather negative form of definition therefore implies that there is to be a new identification of lands which are to be rateable[5].
[1] As per the Recommendation no.5.81 of the Irish Law Reform Commission Papers and Reports Statutory Drafting and Interpretation, Consultation Paper on: Plain Language and the Law (LRC CP14-1999) [1999] IELRC 1 (1st July, 1999)
[2] Taylor v, Taylor (1910) 10 CL.R. 218 at 227 per Griffith C. J. and Kytherian Association of Queensland v, Sklavos 101 CL.R. 56:
[3] Re Smith's Will Trusts [1962] 2 All ER 563 (CA).
[4] Nangles Nurseries -v- Commissioners of Valuation [2008] IEHC 73 (14 March 2008)
URL: http://www.bailii.org/ie/cases/IEHC/2008/H73.html
Cite as: [2008] IEHC 73 [The case stated is, apparently, the first pursuant to s. 9 of the Valuation Act, 2001 (“the Act of 2001” or “the Act”).[per Mr. JUSTICE MACMENAMIN] Pursuant to s. 39, sub-section (5) of the Act it is the duty of the court to hear and determine any question or questions of law arising on the case, and where necessary to reverse, affirm or amend a determination, or if necessary, to remit the matter to the Tribunal with the opinion of the court thereon. This case stated is brought on the application of the Commissioners of Valuation (the Commissioners) against certain determinations made in relation to the Nangles premises aforesaid. The parties in the title are named and identified in accordance with their standing before the Valuation Tribunal. To avoid confusion the parties are hereinafter referred to by their appropriate name, that is to say “Nangles”, “the Commissioners” and “the Tribunal”.
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