HC Deb 27 January 1997 vol 289 cc25-6W
Mr. Austin Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs what information he has collated on the steps the German Government have taken to secure compliance with the provisions of the Single European Act forbidding discrimination on grounds of nationality. [12307]

Mr. David Davis

My right hon. and learned Friend the Foreign Secretary has collated no such information.

Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will collate information on the instances on which the German Government have not overturned decisions of German courts on the grounds of discrimination against other nationalities as required under the Single European Act. [12333]

Mr. Davis

Under the EC treaty, the issue of whether there would be a breach of the right to provide services or of the right of establishment is a matter for the European Commission which has the duty of ensuring that the provisions of the treaty and measures implementing it are applied.

Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will seek an assurance from the German Government that they will revoke the decisions of the German county court at Friedrichshafen in respect of the admissibility of evidence provided by a British lawyer on the English law of probate. [12332]

Mr. Davis

Revoking a decision of the county court is not a matter for the German Government. A court decision can usually be reversed or altered only by the same or another court within the same legal system, for example, on appeals in accordance with the rules of that system.

Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make representations to the German Government urging that their courts accept evidence from British lawyers on the powers granted under the law of probate in the United Kingdom in cases which relate to such matters in Germany. [12308]

Mr. Davis

The German courts are, like our own, independent of Government. It would be inappropriate for us to seek to persuade the German Government to influence the decisions of the German courts.

Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has received about the German county court at Friedrichshafen's ruling on the acceptability of evidence as to the English law of probate. [12306]

Mr. Davis

None.