Mr. Stanley Adams (Hansard, 25 July 1986)

§ Lord Fletcher
My Lords, I beg leave to ask the Question standing in my name on the Order Paper.
The Question was as follows: To ask Her Majesty's Government what steps are being taken to implement the judgment of the European Court of Justice in favour of Mr. Stanley Adams on 7th November 1985 and why it has taken so long for the EC Commission to settle his claim.

§ The Minister of State, Foreign and Commonwealth Office (Baroness Young)
My Lords, we have been in constant touch with the European Commission. We expect them to make an offer in settlement to Mr. Adams before 7th August, the date at which the case would otherwise have to be referred back to the European Court of Justice.

§ Lord Fletcher
My Lords, I am very grateful to the Minister for that reply. In view of the long delay that Mr. Adams has suffered in obtaining justice, I think that the House would be grateful if the Minister were to continue to press the Secretary General of the European Commission to ensure that this matter is brought to a satisfactory conclusion before the final date, which I understand is 7th August.

§ Baroness Young
My Lords, I fully appreciate the point that the noble Lord makes about this case, and I can assure him that we are in constant touch with the Commission and it is well aware of our view that an offer should be made without delay.

§ Lord Cledwyn of Penrhos
My Lords, will the noble Baroness tell the House precisely what is the issue in dispute? If there is a delay there must be some reason for it. Secondly, is it not the case that the Commission was given nine months from the date of the judgment in November last year, and the nine months has now expired? Can she give us some reason why there has been this further delay or is the decision of the Commission now expected very soon?

§ Baroness Young
My Lords, my understanding of the issue in dispute, and the reason why there has been a delay, is that the Commission told us that it needed full documentation on Mr. Adams' claim, and if it had not obtained this, the Commission would have been reprimanded by the Court of Auditors for failing to obtain it. This has taken some time and has been the reason for the delay. I can assure the noble Lord, Lord Cledwyn, that we are equally concerned that this matter should be brought to a conclusion, and we are of course aware of the difficulties suffered by Mr. Adams in the meanwhile.

§ Lord Renton
My Lords, is my noble friend aware that justice delayed is justice denied? The European Court of Justice and the European Court of Human Rights tend to have somewhat dilatory procedures. As we are in a sense parties to the jurisdictions of both those courts, will Her Majesty's Government use their best endeavours to ensure that those procedures are improved?

§ Baroness Young
My Lords, of course I take the point that my noble friend Lord Renton makes about this matter. I can assure him also that we have done all that we can to keep in touch with the Commission and to impress upon it the urgency of the matter. I shall of course draw the attention of my right honourable and learned friend to what has been said in your Lordships' House today. However, as I said in my original response to this Question, we hope that a settlement will be made before 7th August.

§ Lord Elwyn-Jones
My Lords, are not the circumstances of Mr. Adams such that it is really scandalous that he has been kept waiting all these months, after a judgment in his favour way back in November last year, in circumstances which reflect no credit upon the Commission? Is it not really reaching the point of scandal that nothing has yet been done in the way of handing over some money to this man to give effect to the judgment?

§ Baroness Young
My Lords, I fully appreciate the point that has been made by the noble and learned Lord. As he will be aware, the facts of the matter are that the court gave nine months—until 7th August 1986—for an agreement to be reached between the parties on the amount of damages. As I said, we have been in constant touch with the Commission and we expect it to make this offer before 7th August.

§ Lord Broxbourne
My Lords, can my noble friend say whether this gentleman will recover interest on the award, and if so, over what period and at what rate?

§ Baroness Young
My Lords, I am afraid I cannot give an answer to my noble friend Lord Broxbourne on that particular point; but the Commission will no doubt be in direct touch with Mr. Adams and his solicitors as regards the amount of damages.

§ Lord Mishcon
My Lords, if only to show that the culpability, if any, lies where it should lie, and having regard to the remarks of the noble Lord, Lord Renton, can the Minister say whether any delay in this matter is due not to the European Court of Justice in any way but to the Commission?

§ Baroness Young
My Lords, my understanding of the position is that the ruling by the European Court of Justice was in November 1985 when the Commission was ordered to pay damages for breaking the bond of confidentiality. In making its decision, the court allowed nine months until August for the settlement to be reached and for the money to be paid. It is our expectation that this matter will be settled before that date.

§ Lord Renton
My Lords, was not the procedure of the court quite wrong in giving so long a period as nine months to meet its judgment to such a well-organised body as the European Commission?

§ Baroness Young
My Lords, I think that it would be most unwise for me to enter into a dispute as to whether or not the court procedures were wrong. I can only tell the House what in fact has been the case and that it is our hope that there will now be a settlement.

Lord Morris
My Lords, has the EC Commission made any gesture by offering a part payment, pending full settlement?

§ Baroness Young
No, my Lords. As I indicated in answer to the earlier question by the noble Lord, Lord Broxbourne, we do not know what the settlement will be. That will be for the court to determine, and no doubt it will be in touch with both Mr. Adams and his solicitors.