The House of Commons’ “financial privilege” on Lords amendments: perceived problems and possible solutions

unambiguous meaning of legislation, as conventionally construed. There is no reason in theory, at any rate, which would prevent the courts developing such a principle. But there are formidable obstacles which need to be addressed. First, there may well be no obvious or compelling rationale for this development, beyond the fact that Parliament abolished the HRA. Secondly, the modified principle has no legal pedigree, unlike the long established principle of legality. Thirdly, it is difficult to reconcile the reasoning to justify the modified principle with Brind—where the House of Lords rejected the broad argument that legislation should be interpreted in conformity with the European Convention, but accepted that it might be used to resolve ambiguity or uncertainty in a statutory provision. There are other difficulties of principle to overcome; so that the modification of the principle of legality is not straightforward.