HL Deb 19 June 1974 vol 352 cc908-10
LORD DERWENT

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether they have any powers to ensure that all local authorities carry out their enforcement duties to prevent illegal Sunday markets; and, if not, what they intend to do about it.

LORD WELLS-PESTELL

My Lords, the Shops Act 1950, as the noble Lord is well aware, gives the Secretary of State no power to direct local authorities in the enforcement of the Sunday trading laws; nor is this a power that the Government would consider to be appropriate to them.

LORD DERWENT

My Lords, while I am in full knowledge of the Answer given by the noble Lord, may I ask him whether it is impossible for the Central Government to circularise local authorities to remind them of their duties, in view of the fact that in the long run Central Government are responsible for the carrying out of the law?

LORD WELLS-PESTELL

My Lords, as the noble Lord knows, both the present Government and the previous Government have been concerned about this matter for a number of years. The noble Lord will know that the matter is confused and that recently an organisation known to the noble Lord, the Institute of Shops Acts Administration, has in fact written to my noble friend. It is the intention of my noble friend to issue at an early opportunity a circular to local authorities reminding them—and particularly the new district councils—of their responsibilities in this matter. I hope that this matter will receive fairly early attention.

BARONESS SUMMERSKILL

My Lords, may I ask the noble Lord not to bring pressure on local authorities in the way he suggests?—because these Sunday markets are a boon to those women who work outside the home all the week.

LORD DERWENT

My Lords, as I am sure the noble Lord is well aware of this fact, may I ask him whether he is aware that I, too, know that Sunday shopping is a boon to many people? But until the law is altered should it not be enforced?

BARONESS SUMMERSKILL

Really, my Lords!

LORD WELLS-PESTELL

My Lords, the noble Lord has certainly stated the view of the present Government in this matter; hence their decision to circularise new district councils with regard to their responsibilities in this regard.

LORD POPPLEWELL

My Lords, would not my noble friend agree that the law as it stands on this matter is rather complex and confusing and bears many different interpretations? May I ask my noble friend whether he is able to give any indication as to whether the Government might at some future date try to bring some common sense into the disposition as it now stands? Much controversy has been roused previously among many people. May I ask my noble friend whether he would agree that surely this is something which the Government will ultimately face up to?

LORD WELLS-PESTELL

My Lords, in the not too distant future a Government will have to face up to this situation because it is untidy and unsatisfactory; but I am bound to say that as things are at the present moment this cannot be regarded as a high priority. There are many other things, which must be given (shall I say?) more urgent consideration. Meanwhile, the Government feel that the existing law should be enforced by the local authorities.