In the first instalment published in the January CLIG Newsletter, I promised I’d explain how to carry out PvH research. For those who missed it, a quick re-cap. In PvH [1993] A.C. 593, the judge ruled that if legislation was obscure or ambiguous, the parliamentary debates could be referred to in order to try and clarify what was meant by it. So here goes.

First of all clarify exactly which section of an Act you are researching. Then check Current Law Statutes Annotated (1952-), if you’re really lucky you may find Hansard references in the commentary. Also check relevant major textbooks, they sometimes include Hansard references.

If no luck there, check what kind of Act it is. If it’s a consolidation Act, you’ll need to trace the section’s origin back to its original Act. Do this using Halsburys Statutes and Current Law Statutes Annotated, or the derivation tables at the back of Public General Acts published by TSO. Also check if the section was inserted by a later Act, if so, you’ll need to research that Act instead.

In a bill, the sections are called clauses. These numbers don’t always correspond to the final Act, so clause 26 of a bill won’t necessarily become s.26 of the Act. The clause numbers can also change during the ‘life’ of the bill. Gather together all the versions of the bill, and compare with the Act to see what clause number the section was, when it first appeared, and if and when it changed number.

Now find the relevant Hansards. You can find these out from a variety of sources. Using the Act’s explanatory notes (1999-), Weekly Information Bulletins, Sessional Digests, Halsburys Statutes (1993-), Current Law Statutes Annotated (1952-) or for older Acts the annual Sessional Indexes to Hansard.

Then start reading through the Hansards to find the debates on your clause, if indeed it was debated at all.

This is just the briefest of explanations on how to carry out this type of research; a truly in-depth explanation would fill a small book. You’ll probably have realised from the sources I’ve listed that you’re extremely unlikely to be able to do this using free on-line resources alone, so you’ll need access to a decent law library. Set aside about two full working days to do it properly.

If you don’t have the time or the resources to do this yourself, then the British Library (020 7412 7903) can undertake this research at £84+vat an hour; as can the Guildhall Library (email: search.guildhall@corpoflondon.gov.uk); and the Law Society Library (0870 606 2511) which charges a flat fee of £250+vat.