§ Sir Bernard BraineTo ask the Attorney-General in the light of the High Court judgment of 18 July relating to the Shops Act 1950, what guidance he will be giving to local authorities and courts to enable them to enforce the law in a consistent manner.
§ The Attorney-GeneralI do not propose to give any guidance to local authorities, and it would be improper for me to offer guidance to the courts.
The judgment of Mr. Justice Hoffmann in Stoke-on-Trent City Council and Norwich City Council v. B&Q plc is clearly expressed, and neither local authorities nor courts should have any difficulty in understanding its effect and acting upon it. Mr. Justice Hoffman decided that the effect of the judgment of the European Court of Justice in Torfaen Borough Council v. B&Q plc is that the Sunday trading provisions of the Shops Act 1950 do not contravene the EEC treaty, and that accordingly for shops in England and Wales to be open for the serving of customers on Sunday otherwise than in accordance with the provisions of the Act continues to be an offence under the Act. It follows that local authorities continue to be subject to the duty of enforcement conferred on them by section 1 of the Act.