HL Deb 13 November 1997 vol 583 cc56-9WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether the Lord Chancellor's Department or the Court Service maintain data or other information so as to enable them to ascertain whether decisions of United Kingdom courts and tribunals to refer questions to the European Court of Justice are implemented within a reasonable time; and, if so, whether they will publish such information showing the position for each year during the past five years.

The Lord Chancellor:

The question concerns a matter which has been assigned to the Court Service under the terms of its framework document. I have therefore asked the Chief Executive to respond.

Letter to Lord Lester of Herne Hill from the Chief Executive of the Court Service, Mr. Michael Huebner, dated 13 November 1997.

The Lord Chancellor has asked me to reply to your Question about the data collected on decisions of United Kingdom Courts and tribunals to refer questions to the European Court of Justice.

The information requested for cases referred by the Crown Court, magistrates' courts, county courts and tribunals directly to the Court of European Justice is not held centrally and could only be obtained at a disproportionate cost. For cases that are passed to the Senior Master in the High Court (under Supreme CourtRules Order 14 Rule 5 and County Court Rules Order

Ref. Court Order made on Received by Senior Master Letter to Solicitors Papers sent to Euro Court
1997
1/97 Richmond Magistrates' Court 03/09/96 (Sealed 06/01/97) 09/01/97 15/01/97 30/01/97
2/97 Court of Appeal 26/10/95 (Sealed 04/03/97) 05/03/97 05/03/97 18/03/97
3/97 Crown Office 13/03/97 (Sealed 23/04/97 23/04/97 25/04/97 28/04/97
4/97 No order made
5/97 Crown Office 17/06/97 (Sealed 23/06/97) 24/06/97 24/06/97 5/08/97
6/97 Crown Office 17/06/97 (Sealed 23/06/97) 24/06/97 24/06/97 5/08/97
7/97 Crown Office 26/03/97 (Sealed 13/06/97) 16/06/97 16/06/97 15/07/97
8/97 Court of Appeal 29/07/97 (Sealed 01/08/97) 04/08/97 06/08/97 20/08/97
9/97 Crown Office 31/07/97 (Sealed 13/08/97) 14/08/97 15/08/97 Awaiting Solicitors' Response
1996
1/96 Crown Office 28/02/96 (Sealed 01/03/96) 04/03/96 05/03/96 11/03/96
2/96 Crown Office 03/05/96 (Sealed 07/05/96) 07/05/96 Not Applicable 07/05/96
3/96 Crown Office 13/05/96 (Sealed 14/05/96) 15/05/96 Not Applicable 17/05/96
4/96 Employment Appeal Tribunal 14/08/96 (Sealed 28/08/96) 06/09/96 20/09/96 02/ 10/96
5/96 Crown Office 10/10/96 (Sealed 21/10/96) 22/10/96 23/10/96 19/11/96
6/96 Crown Office 10/10/96 (Sealed 21/10/96) 22/10/96 23/10/96 19/11/96
7/96 Crown Office 10/10/96 (Sealed 21/10/96) 22/10/96 23/10/96 19/11/96
8/96 Employment Appeal Tribunal 20/11/96 (Sealed 16/12/96) 19/12/96 20/12/96 16/01 /97
1995
1/95 Chancery Patent Court 31/10/94 (Sealed 15/12/94) 27/01/95 31/01/95 28/03/95
2/95 Bristol Mercantile Court 20/01/95 (Seal Illegible) 30/01/95 Not Applicable 01/02/95
3/95 Crown Office 03/02/95 (Sealed 27/02/95) 01/03/95 02/03/95 30/03/95
4/95 Crown Office 03/02/95 (Sealed 27/02/95) 01/03/95 02/03/95 09/03/95
5/95 Court of Appeal 27/05/94 (Sealed 14/03/95) 14/03/9520/03/95 07/04/95
6/95 Crown Office 26/04/95 (Sealed 01/05/95) 01/05/95 03/05/95 24/05/95
7/95 Crown Office 12/06/95 (Sealed 22/06/95) 23/06/95 26/06/95 Withdrawn Before Referral
8/95 Crown Office 20/06/95 (Sealed 23/06/95) 23/06/95 26/06/95 04/07/95
9/95 Crown Office 18/07/95 (Sealed 19/07/95) 20/07/95 21/07/95 27/07/95
10/95 Chancery Patent Court 2 Actions Involved—13/07/95 (Sealed 26/07/95) 27/07/95 Not Applicable 04/08/95
11/95 Chancery Patent Court 13/07/95 (Sealed 31/07/95) 01/08/95 Not Applicable 04/08/95
12/95 Court of Appeal 31/07/95 (Sealed 09/08/95) 10/08/95 10/08/95 22/08/95
13/95 Commercial Court 18/01/95 (Sealed 07/09/95) 14/09/95 Not Applicable 26/10/95
14/95 Employment Appeal Tribunal 30/08/95 (Sealed 28/09/95) 10/10/95 08/11/95 Withdrawn Before Referral
15/95 Crown Office 31/10/95 03/11/95 07/11/95 14/11/95

19 Rule 15) to be sent to the European Court of Justice the position for the last five years is as allowas:

Ref. Court Order made on Received by Senior Master Letter to Solicitors Papers sent to Euro Court
l6/95 Crown Office (Sealed 02/I 1/95) 03/11/95 19/12/95 19/12/95 22/03/95
17/95 Crown Office (Sealed 18/12/95) 16/11/95 15/02/96 16/02/96 19/09/96
18/95 Court of Appeal See 2/97 for details—entered twice (Sealed 14/02/96) (Chased 12/09/96)
19/95 Crown Office 12/12/95 (Sealed 14/12/95) 15/12/95 15/12/95 28/12/95
1994
1/94 Commercial Court 13/01/94 13/01/94 Not Applicable 14/01/94
1/94 Crown Office 12/01/94 (Sealed 21/01/94) 21/01/94 24/01/94 26/01/94
3/94 Court of Appeal 18/01/94 (Sealed 03/03/94) 04/03/94 07/03/94 14/03/94
4/94 Crown Office 04/05/94 (Sealed 17/05/94) 17/05/94 19/05/94 07/07/94
5/94&6/94 Crown Office 2 Orders 04/05/94 (Sealed 09/05/94) 11/05/94 12/05/94 06/06/94
7/94 Crown Office 05/05/94 (Sealed 06/05/94) 06/05/94 09/05/94 12/05/94
8/94 Court of Appeal 10/02/94 (Sealed 07/06/94) 09/06/94 13/06/94 20/06/94
9/94 Queens Bench Division 01/07/94 (Sealed 07/07/94) 11/07/94 Not Applicable 19/07/94
10/94 Queens Bench Division 23/05/94 (Sealed 24/05/94) Not Recorded Not Recorded 03/08/94
11/94 Crown Office 25/07/94 (Sealed 13/10/94) 14/10/94 14/10/94 11/11/94
12/94 Crown Office 29/07/94 03/08/94 Not Applicable 04/08/94
13/94 Crown Office 12/10/94 (Sealed 27/10/94) 28/10/94 28/10/94 (Chased 3/95) 10/03/95
1993
1/93 Crown Office 18/11/92 (Sealed 18/01/93) 11/02/93 Not Applicable 15/02/93
2/93 Crown Office 23/04/93 (Sealed 27/04/93) 28/04/93 28/04/93 25/06/93
3/93 Crown Office 09/03/93 (Sealed 14/06/93) 14/06/93 Not Applicable 23/06/93
4/93 Court of Appeal 18/05/93 (Sealed 11/06/93) 16/06/93 21/06/93 01/07/93
5/93 Crown Office 23/07/93 (Sealed 21/10/93) 21/10/93 26/10/93 10/11/93
6/93 Crown Office 28/07/93 (Sealed 29/07/93) 13/07/93 03/08/93 17/08/93
7/93 Court of Appeal 14/07/93 (Sealed 13/10/93) 14/10/93 15/10/93 26/10/93
8/93 Crown Office 27/10/93 (Sealed 03/12/93) 06/12/93 06/12/93 (Chased 4/94) 27/04/94
9/93 Crown Office 06/12/93 07/12/93 08/12/93 30/12/93
10/93 Crown Office 02/12/93 (Sealed 19/01/94) 21/01/94 Not Applicable 26/01/94
11/93 Crown Office 14/12/93 (sealed 23/12/93) 23/12/93 29/12/93 29/12/93