|
In our view the susceptibility to review of the provisions
of Section 24 (1) (a) and (b) of the Act was implicit in the Judgment
of Deemster Corrin; if so we uphold that decision; if it was not
so implicit then we so declare it ourselves.
The Attorney General, however, maintained that the discretionary
powers conferred on him by Sections 24 (2) (3) and (10) of the Act
were not subject to review.
In our view, however, not only are the pre-conditions subject to
review, but so also is the discretion exercised thereafter. In our
view that discretion is subject to the normal "wednesbury" rules.
The Attorney General must exercise his discretion in good faith;
he must take into account irrelevant ones. He must act fairly and
reasonably. Provided he does so the Court will not interfere and
a Petition of Doleance will not lie.
Political consideration -e.g. the nature of the regime seeking
assistance, the penalties for breach of the relevant law, the nature
of the law, will all be relevant considerations, and in respect
of the exercise of his discretion in relation to those matters,
the Attorney General will be answerable to Tynwald; only in exceptional
circumstances would the Courts interfere.
Specifically in this case the Attorney General was and is dealing
with frauds which Mr. Conti for the Respondents alleges
|