Shops Act 1950 (Hansard, 29 January 1990)

§ 59. Mr. Stanbrook
To ask the Attorney-General what information he has on the number of prosecutions under the Shops Act 1950 since the ruling by the European Court of Justice last November.

§ The Attorney-General
As my hon. Friend is aware, prosecutions under the Shops Act 1950 are brought by local authorities, and I have no information on the number of prosecutions brought since last November.

§ Mr. Stanbrook
Is my right hon. and learned Friend aware that there is widespread evasion of the Sunday trading law by big multiple retailers and that certain local authorities find it impossible to cope, even though the position has recently been clarified by the European Court? How can we justify preaching the rule of law to the meek when we fail to enforce it against the mighty? When will my right hon. and learned Friend take action against wrongdoers?

§ The Attorney-General
It is the duty of local authorities, by virtue of section 71 of the Shops Act, to enforce the provisions of that Act in their areas. I have yet to hear 14 from a local authority that finds it impossible to do so. Local authorities have powers of prosecution. In addition, the Local Government Act 1972 empowers them to claim injunctions to prevent flouting of the law, including the Shops Act, in their areas when they think that such action would be in the interests of the inhabitants. I think that, generally, a local authority is in the best position to judge that matter in respect of its own area. Indeed, that has been recognised in the framing of the legislation. Any one who has a direct and individual concern has the means, in law, to bring an authority to account by seeking judicial review or by seeking my consent to relator action. Therefore I do not think that it would be appropriate for me to take an initiative, either nationally or locally, at this juncture.

§ Mr. Ray Powell
Having listened to the Attorney-General's explanation, may I ask him to read the Prime Minister's reply last Thursday, as recorded in column 1050 of the Official Report, when she referred to upholding a law once it had been passed by Parliament? It is high time that the Shops Act 1950 was given some special attention by the Attorney-General and was implemented fully in respect of those who blatantly refuse to abide by it.

§ The Attorney-General
The hon. Gentleman has not given due weight to the fact that section 71 of the Shops Act conferred upon local authorities a duty to enforce the law in their areas. I commend to the hon. Gentleman what I said in answer to my hon. Friend the Member for Orpington (Mr. Stanbrook).

§ Mr. Raison
Does not my right hon. and learned Friend accept that the Shops Act is so perverse that evasion and defiance of it are inevitable? Does he agree that the only rational course is to go back to the legislation that was brought forward, admittedly unsuccessfully, in the last Parliament? Does not he agree that total reform is the only way out of this mess?

§ The Attorney-General
Tempting though it is to acept that invitation, it would be wrong for me to answer a question relating to a matter that is the responsibility of my right hon. and learned Friend the Home Secretary.

§ Mr. Fraser
Does not the Attorney-General think that there is something wrong when the law is enforced unpredictably between one local authority area and another, sometimes in a quite contrary fashion? Would not it be helpful if the Attorney-General were to publish some guidelines on prosecutions, in order to eliminate unnecessary small cases and to give the same kind of guidance to local authorities as has been given to police authorities in relation to other offences?

§ The Attorney-General
I do not think that it is necessary for me to give guidance to local authorities when the two statutory provisions that apply to them in this context are clear. For example, it is a matter for them, when they are deciding to seek or not to seek an injunction, to consider whether to do so would be in the interests of the inhabitants of their area. That is the language of the section.

Mr. Robert G. Hughes
Does my right hon. and learned Friend agree that it would give credence to the Church of England's campaign against sensible reform of the Shops Act 1950 if cathedral shops stopped opening on Sundays in defiance of that legislation?

§ The Attorney-General
I note my hon. Friend's remarks, which will no doubt be heeded in high places.