Shops Act 1950 (Hansard, 23 May 1988)

HL Deb 23 May 1988 vol 497 cc639-40 639

§ 2.50 p.m.

§ Lord Ashbourne asked Her Majesty's Government:

§ Whether, in cases involving the enforcement of the Shops Act 1950, any practice direction has been given to the courts as to when it is appropriate to make a reference to the European Court of Justice regarding the interpretation of Articles 27 and 30 of the EC treaty.

The Minister of State, Home Office (Earl Ferrers)
No, my Lords.

§ Lord Ashbourne
My Lords, I thank the Minister for his brief and helpful reply. Can he tell the House why Her Majesty's Government are making no effort to encourage local authorities to enforce the Shops Act, as they have a statutory right to do?

Earl Ferrers
My Lords, it is up to the local authorities to decide when to prosecute and it is up to the courts to decide what laws operate.

§ Lord Campbell of Alloway
My Lords, does the Minister agree that it would be wholly inappropriate 640 for the Government in any circumstances to issue practice directions to the judiciary as to what they should or should not refer to the European Court of Justice under Article 177?

Earl Ferrers
My Lords, I agree with my noble friend. That is why I gave a somewhat short Answer.

§ Lord Graham of Edmonton
My Lords, can the Minister tell the House about consultations that have taken place between the Government and interested parties on how the problem of Sunday trading can be resolved? Will he reflect on his inability to give advice to local authorities which find that the law is being broken by so-called law-abiding citizens and companies?

Earl Ferrers
My Lords, as regards the last part of the noble Lord's question, it is up to local authorities to decide who and whether to prosecute. It is up to the courts to decide what laws operate. As regards the first part of the noble Lord's question, the Government intend to take such action as is necessary when a common agreement has been reached on the matter. The noble Lord will doubtless recall what happened to the last Sunday trading Act. We do not wish to see that repeated. It is for those who wish to see Sunday trading laws operate better to come to a common agreement.

§ Lord Harmar-Nicholls
My Lords, has any firm been caught and dealt with under the European treaty?

Earl Ferrers
My Lords, I believe that two firms have come to our attention. The first is a firm called B&Q which sold picture hooks in Shrewsbury on a Sunday. The firm was taken to court and fined £250. It appealed to Shrewsbury Crown Court and proceedings were adjourned and referred to the European Court of Justice. Some describe that as a hanging matter!
The second case involved a firm which sold European brassieres on a Sunday. The firm was taken to court and fined £250. It appealed to Bodmin Crown Court and proceedings were adjourned and referred to the European Court of Justice. Some describe that as a legal hold-up!

§ Lord Mishcon
My Lords, without being able to emulate the noble Earl's wit, do the Government consider that the intrusion of the EC into the Shops Acts and the reply made by the noble Earl to the effect that it is up to local authorities to enforce such laws mean that it would be much wiser to leave such matters to local authorities instead of having a national Act?

Earl Ferrers
My Lords, as the noble Lord, Lord Mishcon, knows perfectly well, that is a much wider question. Under the European Communities Act 1972, obligations under the Treaty of Rome form part of our domestic law and are observed by the courts where relevant. To go down the path suggested by the noble Lord would be undesirable.