Interpretation

[Donald ramsbottom]

">> may I suggest a quick refresher on sources of Law 
>> from any Law
>> school, probably first or second lecture.

>Look.  We can have a discussion about how practitioners might use and
>interpret the legislation.  That's a discussion about interpretation.  Or we
>can stop.

>Simon Watkin"

Simon,

Within the context of what you have been saying, you have implied that the
thoughts of the development team and others in the HO were relevant, and
others here have taken note of that. 

Practitioners need to know on what they can rely, and missives from the HO
no matter how well intended, cannot be relied on. The Court and
practitioners will rely on the statute and in some cases Hansard.  That
being the case it needed to be pointed out that the "thoughts" of your
learned colleagues in their capacity as HO employees was not relevant.
Their opinion as expert witnesses called to describe "traffic data" or the
like is an entirely different matter.

I am sorry if my first email seemed churlish, I apologise. 

The fact remains however, that what ever the Home Sec or anyone else in the
HO has to say on the matter or what they think something says, will not and
cannot be relied upon as a source of law. If the statute is badly drafted,
as some think RIPA is (especially in the definitions sections), it is for
the court to decide what Parliament meant. Yes we can have a go ourselves,
but one opinion is no more valid than another. 

From a practitioners point of view, at the sharp end so to speak, and one
who has/does advise very large multinational corps on this type of subject;
having other practitioners (expert witnesses and the like, of which there
are many here) beguiled by what the "HO says it means" only adds to
possible confusion.

I do not mean the debate should end, just that a measure of circumspection
be used in relation to the weight attached to HO pronouncements.








Donald Ramsbottom BA LLb (Hons) PGdip
Ramsbottom & Co Solicitors
Internet and Global Encryption Law Specialists & General UK  Law Matters
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