"And it's greatly to his credit that he is an Englishman!"
"The Secretary of State ... shall not be required to assign any reason for the grant or refusal of any application under this Act the decision on which is at his discretion; and the decision of the Secretary of State ... shall not be subject to appeal to, or review in, any court."
"Although the principle audi alterem partem and the provision of the reasons for the decision are distinct, they are closely related and derive from the concept of fairness. Nothing in section 44(2) or in any other part of the legislation expressly permits the Secretary of State to be unfair to non-citizens and it would be astonishing if it did. In reality, however, the principle of fairness contended for in these cases means that as part of the continuing process of considering applications, if the Secretary of State forms a preliminary conclusion adverse to applicants he should notify them in sufficiently detailed terms to provide them with a proper opportunity to be heard notwithstanding the unequivocal language that he cannot be required to give any "reasons"
"(1) Applicability of the principles of natural justice In the Supreme Court both judges were of the opinion that the respondent had a constitutional right to a fair hearing in accordance with the principles of natural justice before his application to be registered as a citizen was rejected by the Minister; and that a failure to accord him this rendered the Minister's decision a nullity. This means that he was at least entitled to be informed of the nature of the case against acceptance of his application and to be given a reasonable opportunity of answering it. It does not mean that there must necessarily be an oral hearing conducted in accordance with procedures appropriate to trials in a court of law. What is an appropriate and fair procedure is very much a matter for the Minister to determine in his discretion having regard to the kind of things which he is required to take into consideration - in the instant case, the various matters referred to in the proviso tosection 7 of The Bahamas Nationality Act 1973 . Their Lordships, however, need not go further into this, on which ample authority is cited in the judgments of the courts below, since it is now conceded that neither at his interview with Mr. Walkine nor on any other occasion was the respondent given any indication of the grounds upon which the Minister contemplated rejecting his application for registration; so, cadit quaestio, he was given no opportunity of answering them. Their Lordships agree with the judges of the Supreme Court (as did the Court of Appeal) that as an applicant for registration as a citizen of The Bahamas under article 5(2) of the Constitution, the respondent was entitled to a fair hearing in accordance with the principles of natural justice before his application was rejected by the Minister. By virtue of section 7 and 8 ofThe Bahamas Nationality Act 1973 , the Minister was a person having legal authority to determine a question affecting the rights of individuals. This being so it is a necessary implication that he is required to observe the principles of natural justice when exercising that authority; and, if he fails to do so, his purported decision is a nullity. In view of the citations of so many cases in the judgments below, their Lordships upon this branch of the law do not find it necessary to do more than to refer to Ridge v Baldwin [1964] A.C.40 and particularly to the speech of Lord Reid, at pp.74-76."
"4. (5).....in determining whether to issue to an applicant a certificate consenting to his applying for the grant of a licence under this Act in respect of any premises, the board shall have regard only to the question whether, in their opinion, the applicant is likely to be capable of, and diligent in, securing that the provisions of this Act and of any regulations made under it will be complied with, that gaming on those premises will be fairly and properly conducted, and that the premises will be conducted without disorder or disturbance.
"Mr. Quintin Hogg criticised that outline procedure severely. He spoke as if Crockford's were being deprived of a right of property or of a right to make a living..... Mr. Hogg put his case, I think, too high. It is an error to regard Crockford's as having any right of which they are being deprived. They have not had in the past, and they have not now, any right to play these games of chance - roulette, chemin-de-fer, baccarat and the like - for their own profit. What they are really seeking is a privilege - almost, I might say, a franchise - to carry on gaming for profit, a thing never hitherto allowed in this country. It is for them to show that they are fit to be trusted with it. If Mr. Hogg went too far on his side, I think Mr. Kidwell went too far on the other. He submitted that the Gaming Board are free to grant or refuse a certificate as they please. They are not bound, he says, to obey the rules of natural justice any more than any other executive body, such as, I suppose, the Board of Trade, which grants industrial development certificates, or the Television Authority, which awards television programme contracts. I cannot accept this view. I think the Gaming Board are bound to observe the rules of natural justice. The question is: What are those rules?"
"....the board have a duty to act fairly. They must give the applicant an opportunity of satisfying them of the matters specified in the sub-section. They must let him know what their impressions are so that he can disabuse them. But I do not think that they need quote chapter and verse against him as if they were dismissing him from an office, as in Ridge v. Baldwin [1964] A.C.40 ; or depriving him of his property, as in Cooper v. Wandsworth Board of Works (1863) 14 CBNS 180 . After all, they are not charging him with doing anything wrong. They are simply inquiring as to his capability and diligence and are having regard to his character, reputation and financial standing. They are there to protect the public interest, to see that persons running the gaming clubs are fit to be trusted. Seeing the evils that have led to this legislation, the board can and should investigate the credentials of those who make application to them. They can and should receive information from the police in this country or abroad who know something of them. They can, and should, receive information from any other reliable source. Much of it will be confidential. But that does not mean that the applicants are not to be given a chance of answering it. They must be given the chance, subject to this qualification: I do not think they need tell the applicant the source of their information, if that would put their informant in peril or otherwise be contrary to the public interest...... If the Gaming Board were bound to disclose their sources of information, no one would "tell" on those clubs, for fear of reprisals. Likewise with the details of the information. If the board were bound to disclose every detail, that might itself give the informer away and put him in peril. But, without disclosing every detail, I should have thought that the board ought in every case to be able to give to the applicant sufficient indication of the objections raised against him such as to enable him to answer them. That is only fair. And the board must at all costs be fair. If they are not, these courts will not hesitate to interfere."
"(1) Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances. (2) The standards of fairness are not immutable. They may change with the passage of time, both in the general and in their application to decisions of a particular type. (3) The principles of fairness are not to be applied by rote identically in every situation. What fairness demands is dependent on the context of the decision, and this is to be taken into account in all its aspects. (4) An essential feature of the context is the statute which creates the discretion, as regards both its language and the shape of the legal and administrative system within which the decision is taken. (5) Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result : or after it is taken, with a view to procuring its modification; or both. (6) Since the person affected usually cannot make worthwhile representations without knowing what factors may weigh against his interests fairness will very often require that he is informed of the gist of the case which he has to answer."
"It has long been settled law that a decision affecting the legal rights of an individual which is arrived at by a procedure which offends against the principles of natural justice is outside the jurisdiction of the decision making authority" - p.730."
"....the possibility that reasons, especially if published, will unduly increase "legalisation" and the formal nature of the decision making process, place burdens upon decision makers that will occasion administrative delays, and encourage the disappointed to pore over the reasons in the hope of detecting some shortcoming for which to seek redress in the courts. In addition, a reluctance to give reasons perhaps because they may occasion harm (by, for example, causing personal distress, revealing confidences, or endangering national security) could discourage the making of difficult or controversial decisions or result in the production of anodyne, uninformative and standard reasons."
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