Sunday Trading (Hansard, 17 April 1989)

§ The Attorney-General

Enforcement of the Shops Act 1950 is, by virtue of section 71 of that Act, the duty of the local authorities, which have the necessary powers. In my view, the possibility that provisions of any part of any Act may at a future date be held by the European Court of Justice to be incompatible with the United Kingdom's obligations under the treaty of Rome is irrelevant to the question of statutory responsibility for enforcement of such an Act. I accordingly consider that such responsibility in respect of the Shops Act is unaffected by article 177 references that have been made in certain cases, and that accordingly local authorities remain subject to their duty to enforce the Act.

The decision of Mr. Justice Warner was given in January in a case brought by the King's Lynn, Chester and Worcester local authorities. I understand they were seeking summary judgment on their applications for final injunctions against certain DIY stores. Mr. Justice Warner adjourned the applications on the ground, I understand, that the outcome of the references to the European Court of Justice in other cases would establish whether the defendants had an arguable case or not.

The learned judge's decision in my view does not conflict with the opinion I have here expressed as to responsibility for enforcement of the Shops Act.

The proceedings were unusual in that the local authority was seeking to show that the shops had no arguable case and that the authority should therefore have a final injunction immediately. The learned judge, in his discretion, thought this was premature. But, as I understand he was at pains to point out, it remains open to local authorities in England and Wales to seek interlocutory injunctions to restrain Sunday trading: nor does the decision have any bearing on discretionary considerations in the conduct of prosecutions.