§ Mr. MorganTo ask the Secretary of State for the Environment (1) how many of his(a) legal and (b) other staff will be sent as observers to the European Court of Justice in Luxembourg on 5 December in respect of the Leybucht bay case;
(2) what policy considerations led him to decide to associate the United Kingdom Government with the German Government as defendants in the Leybucht bay case brought by the European Commission for infringement of the European Community wild birds directive;
(3) how many of his (a) legal and (b) other staff were sent as observers to the European Court of Justice in Luxembourg on 16 October on the occasion of the preliminary hearing of the Leybucht bay case.
§ Mr. Heathcoat-AmoryThe United Kingdom intervened in case C57/89 brought by the European Commission against the German Government on two grounds. First, we believe that the Commission is not entitled to rely upon any presumption of fact and should be required to place before the court the evidence needed to support its case that a member state has not fulfilled an obligation under Community law. Secondly, the42W Commission interprets article 4 of the wild birds directive EEC 79/409 as imposing an absolute prohibition on any activity or development within a special protection area (SPA) which might cause significant pollution or deterioration of habitat or disturbance to the birds, with the sole exception of works which are strictly necessary to protect human health or safety. We consider this interpretation to be contrary to the wording and intention of the directive, and unacceptable in principle.
Two members of my Department's staff attended the hearing of this case on 16 October in support of counsel together with an officer of the Treasury Solicitor's Department. The Welsh Office and South Glamorgan county council also each sent an observer. There are no plans for anyone to attend the European Court of Justice in Luxembourg on 5 December.
Information requested relating to the total cost to public funds of the United Kingdom intervention in this case is not available and could be obtained only at disproportionate cost.
§ Mr. MorganTo ask the Secretary of State for the Environment, pursuant to his answers of 12 and 13 November, when he will be in a position to estimate the total cost to public funds of the Government's decision to associate themselves legally with the German Government as a co-defendant against the European Commission in the Leybucht bay case.
§ Mr. Heathcoat-Amory[holding answer 16 November 1990]: I refer the hon. Member to the reply that I gave him earlier today.