"It seems to me entirely appropriate that responsibility for
deciding whether to initiatepreventive proceedings for injunction
or declaration in the public interest should be vested in a public
officer, and for historical reasons that officer is the Attorney
General. it is well established that he is not bound to prosecute
in every case where there is sufficient evidence, but that when
a question of public policy may be involved the Attorney General
has the duty of deciding whether prosecution would be in the public
interest ....."
Then a little later between C and
D, he said this:
"If the Attorney General were to commit a serious error of judgment
by withholding consent to relator proceedings in a case where
he ought to have given it, the remedy must in my opinion lie in
the political field by enforcing his responsibility to Parliament
and not in the legal field through the courts. That is appropriate
because his error would not be an error of law but would be one
of political judgment, using the expression of course not in a
party sense but in the sense of weighing the relative importance
of different aspects of the public interest. Such matters are
not appropriate for decision in the courts."
Finally, there is the decision of
Mr Justice Popplewell in R v Attorney General ex parte Ferrante,
(Unreported) (Transcript: John Larking) . The Applicant sought judicial
review of a decision of the Attorney General refusing to give his
authority for an application to the High Court under s 13 of the
Coroners Act 1988. After reviewing the authorities to which I have
referred and also R v the Inland Revenue Commission ex parte National
Federation of Self Employed [1982] AC 617, [1981] 2All ER 93, Council
of Civil Service Unions v Minister for the Civil Service [1985]
AC 364,[1993] 4All ER 442, and R v Secretary of State for the Home
Department ex parte Bentley [1994] QB 349, 11993] 4All ER 442, to
which we have been referred by Mr Robinson QC. Mr Justice Popplewell
derived the following propositions:
|