47. One thread has run through much of the
analysis of this paper. For very many years it has been successfully
argued that it was inappropriate to codify privilege in a statute.
The Committee might wish to reconsider whether this principle
remains valid, or at least as valid as it was. Circumstances may
have altered the balance of advantage. One of the principal objections,
that legislating will take decisions from the House and give them
to the courts, will remain. On the other hand, there may be ways
of limiting that effect which could be explored.