§ Lord Morris of Manchesterasked Her Majesty's Government:
Whether the judgment of this House in the case of R v Gloucestershire County Council ex parte Barry has the same effect in (a) Scotland; and (b) Northern Ireland, as in England and Wales.
§ The Parliamentary Under-Secretary of State, Scottish Office (Lord Sewel)The case referred to concerned the responsibilities of social services authorities in England and Wales under Section 2 of the Chronically Sick and Disabled Persons Act 1970. The House of Lords judgment in this particular case applies equally in Scotland as Section 2 of that Act extends to Scotland.
I am advised by the responsible Northern Ireland Minister that, although the Chronically Sick and Disabled Persons Act 1970 does not extend to Northern Ireland, the terms of its Section 2 are replicated in Section 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978. In interpreting the 130WA Northern Ireland Act the courts in Northern Ireland would be bound to follow the decision of this House.