03/02/2020 Privacy International v Secretary of State for Foreign And Commonwealth Affairs & Ors (Rev 2) [2016] UKIPTrib 15_110-CH (17 October 2016) 48. Ss.71 and 72 provide for the issuing of codes of practice relating to the exercise of powers under Part I, Chapter II, and as to their effect.   49. Mr. de la Mare relied in general terms upon the 'principle of legality' whereby "fundamental rights cannot be overridden by general or ambiguous words" (per Lord Hoffman in R v Home Secretary ex p Simms [2000] 2 AC 115 at 131F). Mr. Eadie pointed out that, in this case, the ECHR rights are qualified not absolute, and that the principle of legality does not apply in every case in which legislation may interfere with ECHR rights (as opposed to overriding them). The 'principle of legality' will thus in any event, in that regard, as Lord Hoffman points out in RB (Algeria) v Secretary of State [2010] 2 AC 110 at 181, have been "largely superseded in its application to human rights by s.3 of the 1998 Act".   50. However, the foundation for Mr. de la Mare's submission is the statement by Lord Bingham CJ in R v Liverpool County Council ex parte Baby Products Association, 23 November 1999, reported in (2000) LGR 171 at 178(e)-(f) "A power conferred in very general terms plainly cannot be relied on to defeat the intention of clear and particular statutory provisions", as approved in R (W) v Secretary of State for Health [ 2016] 1 WLR 698 CA.   51. A little needs to be said about the facts of the case and the legal context of the arguments considered in it.  Liverpool County Council was the weights and measures authority for their area.  It published a statement to the effect that samples of ten models of baby walkers had been tested and found not to comply with the British Safety Specification.  The association, to which distributors of the baby walkers belonged, claimed that the press statement was unlawful.  Under the General Product Safety Regulations 1994, made under Council Directive 92/59/EEC and under powers granted to them under the Consumer Protection Act 1987, Liverpool County Council had the power to issue a suspension notice of up to six months duration where there were reasonable grounds to suspect that a safety provision of the regulations had been contravened, against which the person on whom the notice had been served had the right to apply to a Magistrates' Court to have it set aside.  It was common ground that the intention of Liverpool City Council was to cause a suspension of the supply of the baby walkers described in the press release.  Liverpool County Council contended that it had a statutory power to issue the press release under its general ancillary powers in the Local Government Act 1972 and as weights and measure authority under the Weights and Measures Act 1985. 52. Lord Bingham's conclusion was baldly stated but, on the facts, was plainly justified: Liverpool County Council was attempting to achieve, by the exercise of ancillary powers in general legislation defining their functions, a specific purpose which could only be achieved by the exercise of powers under the regulations and the 1987 Act.  It has no application to the circumstances we are considering, for four reasons:  (i) The regulations contained no saving provision for other statutory powers.  By contrast, s.80 of RIPA expressly preserves the power to issue directions such as those under s.94.  (ii) As set out in paragraph 41 above, s.94 was still effective, as amended in 2003, after RIPA.  (iii) The powers relied on by Liverpool County Council were general and ancillary powers.  Again by contrast, s.94 is not a general and ancillary power.  It may only be exercised on one of two grounds -- national security or foreign relations -- and may only be exercised in relation to the director of Ofcom and a person who is a public telecommunications operator or an approved contractor (s.94(8)).  (iv) The exercise of the power to give directions under s. 94 does not defeat the provisions of Part I, Chapter II of RIPA.  It is the exercise of a different and separate power, by the www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 16/53