HL Deb 26 March 1996 vol 570 cc126-7WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether any of the proposals contained in A Partnership of Nations (Cm 3181) would involve reducing the existing powers of the European Court of Justice; and, if so, whether they will give examples.

Lord Chesham

The UK's proposal concerning damages, national time limits and limitation of retrospective effect are designed to reduce the likelihood of the European Court of Justice delivering judgments which impose disproportionate costs on businesses and member states. The proposal for rapid amendment of EC legislation could be used to limit the effects of a Court ruling which interprets legislation in a way which was not intended by the Council. The proposed treaty provision clarifying the application of subsidiarity in the interpretation of EC law would ensure that the principle is fully taken into account by the Court when deciding cases.

As the White Paper makes clear, the Government are still considering their detailed approach. We may have further proposals to put to the IGC across the range of issues which the conference will address.