R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513

Court: House of Lords

Facts: The Fire Brigades Union (FBU), representing members who had been victims of violent crimes, claimed that the Secretary of State had a statutory duty to bring into force a new criminal injuries compensation scheme, which had been enacted by Parliament. Since 1964, a compensation scheme had been running under the Crown's prerogative powers. However, instead of implementing the statutory scheme, the Secretary of State announced a new non-statutory tariff scheme, with compensation amounts based on fixed tariffs that were less generous than under common law.

Issue: Did the Secretary of State have a statutory duty to implement the statutory compensation scheme, and could he lawfully introduce a new non-statutory scheme instead?

Held: The House of Lords held that the Secretary of State had a continuing duty under Section 107 of the Criminal Justice Act 1988 to consider whether to bring the statutory scheme (under Sections 108-117) into force. The Secretary of State could not lawfully bind himself not to exercise the discretion conferred on him by Parliament. By introducing the non-statutory scheme, the Secretary of State had acted unlawfully, as this frustrated the will of Parliament.

Key Judicial Statements: The Court emphasized that the executive could not use prerogative powers to frustrate the clear intention of Parliament, stating that "the duty imposed by Parliament through the Criminal Justice Act required the Secretary of State to keep the statutory scheme under review."

💡 LevelUpLaw: This case underscores the constitutional principle that ministerial prerogative powers must not frustrate the will of Parliament. It highlights the importance of executive accountability and reinforces the supremacy of statute law over prerogative powers, particularly when Parliament has enacted a specific legislative scheme.