HC Deb 05 November 2003 vol 412 cc660-2W
Mr. Cash

To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to his answer of 20 October 2003, reference 132935, what discussions he has had with EU institutions on the relationship of sections 2 and 3 of the European Communities Act 1972 and the jurisprudence to which he refers of the European Court of Justice since the case of Costa v. ENEL; and what assessment he has made of the judgments of the United Kingdom courts in(a) Macarthys Ltd. v. Smith and (b) Thorburn v. Sunderland City Council in relation to the principle that no provision of national law may be invoked to override Community law. [135482]

Mr. MacShane

[holding answer 3 November 2003]: The UK has given effect to its obligations under the EU treaties through the European Communities Act 1972. Costa v EN EL set out the clear principle that its obligations under the treaties cannot be overridden by domestic legal provisions.

In Thorburn v. Sunderland City Council, Lord Justice Laws said as part of his judgment: All the specific rights and obligations which EU law creates are by the 1972 Act incorporated into our domestic law and rank supreme…".

The ultimate guarantee of parliamentary sovereignty lies in the power of Parliament to repeal all or any of the Acts which give effect to the EU treaties in this country. As Lord Denning made clear in the case of Macarthys Ltd. v. Smith. it is within Parliament's power to legislate contrary to the UK's treaty obligations. The result of so doing, however, would be to put the UK in breach of its treaty obligations.

Mr. Ancram

To ask the Secretary of State for Foreign and Commonwealth Affairs (1) if he will publish the evidence that underlay the claim by the UK's special representative to Iraq on 28 October that foreign terrorists were behind the bomb attacks in Iraq on 26 and 27 October; [135942]

(2) upon what evidence the claims made by the UK's special representative to Iraq that elements in Iran, Syria, Afghanistan and further a field in the Islamic world are contributing to instability in Iraq were based, with particular reference to the bomb attacks on 26 and 27 October. [135943]

Mr. Straw

We have received information from a wide range of sources about the infiltration of foreign extremists into Iraq. The bombings on 26–27 October are currently under investigation by the Iraq authorities and the Coalition Provisional Authority (CPA). We do not know at this stage the identities of those responsible for these attacks, although as Sir Jeremy Greenstock said, the use of suicide bombers may indicate the involvement of foreign terrorists.

Mr. Ancram

To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions his Department has had with the Governments of(a) Iran, (b) Syria, (c) Afghanistan and (d) other Islamic countries regarding terrorists from those countries entering Iraq to participate in terrorist activities. [135944]

Mr. Straw

We have discussed border security with all of Iraq's neighbours and urged them to tighten up security and border controls to deny terrorists access to Iraq.

Mr. Ancram

To ask the Secretary of State for Foreign and Commonwealth Affairs what additional steps the Government has taken to ensure the security of(a) British personnel and troops and (b) those working for international aid organisations in the south of Iraq since 26 October. [135947]

Mr. Straw

Security measures are kept under constant review by UK commanders on the ground. The safety and security of all UK personnel is paramount. Force protection measures in place in southern Iraq are consistent with the current threat level. The Coalition offers security advice and assistance to aid workers wherever possible. However, international aid organisations are responsible for ensuring that adequate personal security arrangements are in place for their staff.