§ Sir John WheelerTo ask the Secretary of State for the Home Department when he expects the European Court of Justice judgment relating to the Shops Act 1950 to be delivered; and if he will make a statement.
The Attorney-GeneralI have been asked to reply.
The European Court of Justice has today held that the prohibition in article 30 of the EC treaty does not apply to national legislation prohibiting retailers from opening their premises on Sundays. The Court thus accepted the argument that the relevant local authorities and I advanced on behalf of the United Kingdom that the Shops 220W Act 1950 is compatible with article 30. The House of Lords and other courts that referred cases to the European Court will now apply its ruling.
Parliament has given to local authorities the primary role in enforcing the law about Sunday trading in their areas. Cases in progress can proceed and local authorities can continue to issue summonses or seek injunctions.
I have considered whether I should also take action to enforce the law, but I have decided that the public interest does not require intervention by me at present. I shall continue to keep the position under review.
Questions of policy are for my right hon. and learned Friend the Home Secretary. He announced the Government's proposals to the House on 26 November and said that the Government will be bringing forward a Bill to enable Parliament to consider the options as soon as is practicable.