§ Mr. Ray PowellTo ask the Attorney-General, pursuant to his oral answer of 11 May,Official Report, columns 367–68, on Sunday trading, what consideration he has now given to (a) the result of the Kirklees case and (b) the Advocate-General's opinion in the case before the European Court of Justice.
The Attorney-GeneralI have considered the decision of the House of Lords in the Kirklees case and the opinion of the Advocate-General in the cases before the European Court of Justice. The decision of the House of Lords means that local authorities can apply for interim injunctions against retailers in order to enforce the law without giving cross-undertakings in damages. The Advocate-General has said that the Shops Act 1950 pursues an objective which is justified in Community law. He also said that it is for national courts to decide whether the effects of the Shops Act 1950 exceeded what was necessary to realise its objective. We are now awaiting the judgment of the European Court of Justice.
I do not consider that action by me would be appropriate at present.