Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 27 Apr 2017

Pre-election Purdah is not a rule of law

The claimant challenged the delay by the respondent in the publication of a report on proposals for compliance with air quality proposals until after the forthcoming election. The respondent argued that the there was a periof of purdah applied in such circumstances.
Held: The publication could not be further delayed: ‘Purdah is not a principle of law. The guidance from the Cabinet Office, to which I have referred, is directed towards government ministers, other elected officers and officials in central or local government. It is not directed towards the court, nor, consistent with the rule of law, could it be. Purdah does not amend duties imposed on ministers by statute. It does not provide ministers with a defence to proceedings in private or public law. What is set out by the Cabinet Office in the guidance is not law, it is convention. Ordinarily such convention must give way to a duty under statute or an order of the court.’

Garnham J
[2017] EWHC B12 (Admin)
Bailii
England and Wales

Environment, Constitutional

Updated: 01 November 2021; Ref: scu.582145