REASONS

October 17th, 2024 by James Goudie KC

In PAN v MINISTER OF NATIONAL SECURITY (2024) UKPC 31 Lady Simler said at paragraphs 37-39 on the duty to provide reasons that, whilst there is no general duty universally imposed on all decision-makers to give reasons, the Courts have recognised ” many circumstances ” in which procedural fairness requires that reasons should be given to a person  adversely affected by a decision, even in a statutory context in which no express duty to give reasons is imposed. Lady Simler said that the benefits of giving reasons are clear : they concentrate the mind and impose a discipline which may contribute to better, more transparent decision-making. The trend of the law has been towards an increase d recognition of the duty to give reasons. There has been a ” strong momentum” in favour of greater openness and transparency in decision-making. The touchstone for what fairness requires in this context is often judged by the ability to make effective the right to challenge an adverse public law decision by judicial review. Even where reasons are given voluntarily, they should be reviewed by reference to the same standards as are applied to reasons given in accordance with an established duty to provide them. Lady Simler added at para 40 that there is no uniform standard or threshold which reasons must satisfy in every case. What is required inevitably depends on the context and the circumstances of the individual case. The nature of the decision itself will affect what is required by reasons.

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