§ Lord WEDDERBURN of CHARLTONasked Her Majesty's Government:
Whether it is the responsibility of any one department of Government to ensure that statements or written observations are submitted by the United Kingdom to the European Court under Article 20 of the Statute of the Court of Justice of the EEC; and, if not, whether they intend to create such a special responsibility for any department.
§ Lord TREFGARNEThe Foreign and Commonwealth Office is responsible for ensuring that the Court's documentation reaches the Government Department responsible for the subject matter of the cases before the Court. Thereafter, the responsibility for the decision to submit observations and for their preparation rests with that department which is assisted in the legal processes by the Treasury Solicitor.
§ Lord WEDDERBURN of CHARLTONasked Her Majesty's Government:
214WAOn how many occasions between 1st January 1973 and 31st December 1978 a statement or a written observation has been submitted to the European Court by the United Kingdom, in cases to which it was not a party, under the provisions of Article 20 of the Statute of the Court of Justice of the EEC; and what were the general categories of subject matter of those cases.
§ Lord TREFGARNEThe United Kingdom submitted observations in 36 such cases. The cases embraced questions on State controls and aids, use of trade marks, customs law, movement of persons, agriculture and fisheries, health matters and social security.
§ Lord WEDDERBURN of CHARLTONasked Her Majesty's Government:
What plans they have to improve the processes by which statements or observations made by the United Kingdom under Article 20 of the Statute of the Court of Justice of the EEC can be presented within the time limit of two months specified by that article.
§ Lord TREFGARNEWe have no plans to change our own arrangements for submitting observations in cases before the Court. A Council working group is examining papers submitted by the European Court of Justice and the United Kingdom which identify areas in which the Court's procedures could be improved. We have suggested that there should be more flexibility in the application of the time limits for the submission of observations under Article 20 of the Protocol on the Statute of the Court of Justice of the European Economic Community and the related provisions of the other Community Treaties.
§ Lord WEDDERBURN of CHARLTONasked Her Majesty's Government:
In how many cases decided by the European Court since 1st January 1973 the United Kingdom was prevented from making observations or written statements which it desired to make by reason of the expiry of the time limit in Article 20 of the Statute of the Court of Justice of the EEC.
215WA
§ Lord TREFGARNEThere have been no occasions when the United Kingdom has been prevented by the expiry of the time limits from putting in observations actually under preparation. However, the time limits have on occasion been too short and inflexible to prepare observations as thoroughly as we would have wished. This factor has also influenced decisions on whether or not to submit observations. Her Majesty's Government are seeking the agreement of other Member States to an extension of these limits when an appropriate opportunity for amendment of Treaties arises.
§ Lord WEDDERBURN of CHARLTONasked Her Majesty's Government:
How many judgments of the European Court of Justice, delivered since 1st January 1973, without the benefit of observations or a written statement by the United Kingdom, under Article 20 of the Statute of the Court, in cases to which the United Kingdom was not a party, they now regard as having substantial effects upon the laws administered in our courts; and into what general categories of subject matter those judgments fall.
§ Lord TREFGARNEIt is not possible to quantify cases which fall into this category. The Government's policy is to submit observations in cases in which we judge that United Kingdom interests are at stake or in which the outcome is likely to affect Community law or national law applied in our courts in a way which we consider inappropriate or disadvantageous.
§ Lord WEDDERBURN of CHARLTONasked Her Majesty's Government:
In how many cases decided by the European Court since 1st January 1973, to which the United Kingdom was not a party and in which it made no statement or observation under Article 20 of the Statute of the Court of Justice, they now consider that the absence of such statement or observation would have affected the judgment of the Court in a way which would have been beneficial to the laws administered in our courts; and what plans they have to increase the number of such statements or observations in such cases in the future.
216WA
§ Lord TREFGARNEIt is impossible to say what account the Court of Justice of the European Communities would have taken of observations which were not in fact submitted. Our practice is whenever possible to submit statements and observations in all appropriate cases.