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Cases (Government Representation)
Mr. Allen : To ask the Attorney-General in how many cases Her Majesty's Government have been represented by (a) the Attorney-General and (b) other barristers in each year since 1979.
The Attorney-General : My predecessor represented the Government twice in 1979, and I represented the Government as Attorney-General twice in 1989. Those figures do not include cases in which I represented the Government as Solicitor-General or cases in which the Attorney-General does not represent the Government but acts for the crown as guardian of the public interest. The other information sought by the hon. Member could be obtained only at disproportionate cost.
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Treaty of Rome
Mr. Alun Michael : To ask the Attorney-General if he will list all items of United Kingdom legislation which have been or are being subjected to legal challenge in the European Court (a) on the grounds of an alleged conflict with article 30 of the treaty of Rome, (b) on the grounds of an alleged conflict with another article of the treaty or (c) on some other grounds, together with the date on which each challenge was instituted and the date of the court decision.
The Attorney-General : The following cases in which items of United Kingdom legislation are in issue are currently before the European Court of Justice, having been referred pursuant to article 169, 178, 215 or 177 of the treaty :
Cases C279/89, C30/90 (Article 169).
Case C55/90 (Article 178 and 215).
Cases C169/91, C304/90, C191/90, C306/88, C232/88, C370/90, C251/90, C271/91, C64/91, C63/91, C9/91, C243/90.
Details of these cases are set out in the annex.
Summaries of cases concerning the United Kingdom in which the court has already delivered judgment are contained in the six monthly White Paper on Developments in the European Community, copies of which are available in the Library of the House.
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ANNEX
Name of case |ECJ number of |Item of United Kingdom legislation |Item of Community legislation |Date referred to ECJ
|case
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Article 169 cases
<1> Commission v. |C30/90 |Section 48 of Patents Act 1977 |Article 30 of Treaty |30 January 1990
United Kingdom
<2> and <3> Commission |C279/89 |Fishing licence conditions under |Articles 34, 48, 52 and 59 of |12 August 1989
v. United Kingdom | Seafish (Conservation) Act 1967 | Treaty and Regulation 1408/
| 71 and 1251/70
Article 178 and 215 case
<3> Cato v. Commission |C55/90 |Fishing Vessels (Financial |Directive 83/515 |7 March 1990
| Assistance) Scheme 1983 SI
| 1983/1883
Article 177 cases
<1> Stoke and Norwich |C169/91 |Shops Acts 1950 |Article 30 of Treaty |20 May 1991
v. B & Q
<1> Reading Borough |C304/90 |Shops Act 1950 |Article 30 of Treaty |9 August 1990
Council v. Payless
<1> Generics (UK) v. |C191/90 |Patents Act 1977 |Article 30 of Treaty |13 February 1990
Smith Kline French
<1> Rochdale Borough |C306/88 |Shops Act 1950 |Article 30 of Treaty |21 November 1988
Council v. Anders
<1> Derry City Council |C232/88 |Shops Act (Northern Ireland) 1946 |Article 30 of Treaty |6 July 1988
v. Hampden
Homecare
<2> and <3> R v. |C370/90 |Immigration Act 1971 (deportation) |Article 52 of Treaty and |19 October 1990
Immigration Appeal | Directive 73/148
Tribunal ex parte
Surinder Singh
<2> and <3> Procurater |C251/90 |Conditions in licences issued under|Article 7 of Treaty and |26 January 1990
Fiscal v. Wood & |C252/90 | Seafish (Conservattion) Act | Regulation 101/76
Cowie | 1967
<3> Marshall v. |C271/91 |S.65 Sex Discrimination Act 1975 |Directive 76/207 |14 October 1991
South West Hants AHA
<3> Cresswell v. Chief |C64/91 |Social Security Act 1986 (income |Directive 79/7 |21 December 1990
Adjudication Officer | support) |Directive 76/207
<3> Jackson v. Chief |C63/91 |Supplementary Benefit Act 1986 |Directive 79/7 |21 December 1990
Adjudication Officer | (now repealed) |Directive 76/207
<3> R v. Secretary of |C9/91 |Social Security Act 1975 (National |Directive 79/7 |3 December 1990
State for Social | Insurance Contributions)
Security ex parte EOC
<3> R v. Secretary of |C243/90 |Housing Benefit (General) |Directive 79/7 |26 June 1990
State for Social | Regulations 1987
Security ex parte
Smithson
<1> alleged conflict with article 30.
<2> alleged conflict with another article of the treaty
<3> some other grounds
OVERSEAS DEVELOPMENT
Caribbean Basin
35. Mr. Butler : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on United Kingdom aid to the Caribbean basin.
Mrs. Chalker : I attach considerable importance to our aid programmes for the Commonwealth countries and the British dependent territories in the Caribbean. Expenditure is around £40 million a year.
Rain Forests
36. Sir John Farr : To ask the Secretary of State for Foreign and Commonwealth Affairs to what extent applications for development assistance are vetted beside the need to conserve untouched virgin tracts of rain forest jungle.
Mrs. Chalker : The Government's policy is to encourage sustainable management of all tropical forests. All ODA projects are vetted for their environmental and social impact. Where our assessment is that damage could result, we insist on designs being changed or the project not proceeding.
EC Overseas Development
37. Ms. Primarolo : To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions have taken place with Britain's EC partners on EC overseas development matters in the last month.
Mrs. Chalker : I last discussed development issues with my EC colleagues at the Development Council in Brussels on 28 November 1991. My officials are in frequent contact with their opposite numbers in the Commission and other member states.
Liberia
38. Mr. Cox : To ask the Secretary of State for Foreign and Commonwealth Affairs what overseas aid is at present being given to Liberia ; and if he will make a statement.
Mrs. Chalker : In the current financial year we expect to spend around £547,000 on humanitarian aid in response to the Liberian emergency, some £90,000 on the training of Liberians in the United Kingdom, £15,000 on other technical co-operation costs, and £159,000 to cover our share of guarantee payments due on Liberian loan defaults to the European investment bank.
World Population Conference
39. Sir Charles Morrison : To ask the Secretary of State for Foreign and Commonwealth Affairs if the Minister for Overseas Development will address the British parliamentary group's population and development conference for
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European parliamentarians on the subject of the European agenda for action on world population ; and if he will make a statement.Mrs. Chalker : I much regret that I will be unable to attend this conference, because of my forthcoming visit to southern Africa. My noble Friend the Earl of Caithness has agreed to attend in my place. My officials will play a major role in support to European Action on World Population. I look forward to the conclusions of the conference with considerable interest.
Eastern and Central Europe
Dr. Godman : To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions the Minister for Overseas Development has had with her ministerial colleagues representing the other member states of the European Community on the question of aid to eastern and central European countries.
Mrs. Chalker : There have been frequent discussions with other EC members at both ministerial and official level on this subject.
Baltic States
Mr. Wigley : To ask the Secretary of State for Foreign and Commonwealth Affairs how much overseas aid has been granted to date by the United Kingdom to each of the three Baltic states ; and what are the estimated totals for the current year.
Mrs. Chalker : The know-how fund has committed £468,920 to date on technical assistance projects for Estonia, Latvia and Lithuania. Many of the projects cover all three countries. A list is given in the table. A further £452,500 has been allocated to projects which are scheduled to begin before the end of the current financial year. KNOW-HOW FUND Estonia, Latvia, Lithuania-- List of approved projects
1. Title
2. Description
3. Counterpart
4. Status
5. Total cost of KHF contribution
Small business creation
1. Mitaline Technology
2. Preparation of a training programme for use by Estonian Small Business Association
3. Estonian Small Business Association
4. Approved
5. £4,820
Financial services
1. Ports privatisation conference
2. Director of Estonian Maritime Board to attend the conference 3. Estonian Maritime Board
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4. Approved5. £900
1. Transcend technology (Lithuania)
2. To provide assistance to the Association of Light Industry Enterprises of Lithuania to prepare individual state enterprises for privatisation
3. Association of Light Industries
4. Approved
5. £9,800
Political and cultural
1. Restructuring MFAs
2. Senior retired UK diplomats on short attachments to Ministries of Foreign Affairs in Latvia, Lithuania and Estonia. To advise on restructuring in a democratic society
3. Ministries of Foreign Affairs
4. Approved
5. £15,000
1. Police training missions
2. Senior officers from Strathclyde police on short missions to Estonia, Latvia and Lithuania to advise on police training needs, restructuring etc.
3. Police authorities
4. Approved
5. £20,000
1. Low-cost book scheme
2. Subsidies for text books for retailers and individuals in three Baltic states
3. International Book Development
4. Approved
5. £66,000
1. Short-term scholarships
2. One year scholarships for postgraduates and young professionals in the three Baltics. Target areas economics, finance and management 3. --
4. Approved
5. £120,000
1. Bradford Baltic unit
2. Attachment of students from the three Baltic states to the Baltic unit of Bradford university
3. Bradford university
4. Approved
5. £70,900
1. Books for Parliaments
2. Provision of text books in key areas to libraries of Baltic Parliaments
3. Parliamentary libraries
4. Approved
5. £15,000
1. Seminar for parliamentary librarians
2. Training seminar for parliamentary librarians from the three Baltic libraries
3. Parliamentary libraries
4. Approved
5. £8,000
1. Legal attachments
2. Attachments of young lawyers from Estonia, Latvia and Lithuania to the Law Society of Scotland and Scottish legal practices 3. Law Societies
4. Approved
5. £40,000
1. Legal Concepts for Translators
2. Training in legal concepts in English for translators attached to the Office of the Lithuanian Supreme Council
3. University of Edinburgh
4. Approved
5. £10,000
1. TV training project
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2. Assisting trainees from the three Baltic states in British TV production procedures3. Soros Foundation
4. Approved
5. £26,000
1. Visit of Lithuanian MFA Deputy Chief of Protocol
2. Familiarisation Visit
3. Ministry of Foreign Affairs of Lithuania
4. Approved
5. £2,000
1. Publisher training
2. Seminar on publishing and book trade in Lithuania
3. Open Society Foundation of Lithuania
4. Approved
5. £30,000
1. Baltics Conference
2. Royal Institute of International Affairs conference on the re- integration of the Baltics into the world community
3. Governments of Lithuania, Latvia and Estonia
4. Approved
5. £6,000
Missions
1. Banking, finance and privatisation mission
2. Short mission to Baltic republics to identify potential projects and terms of reference
3. Know-how fund adviser
4. Approved--December 1991
5. £11,000
1. Insurance mission
2. Short mission to the Baltics to identify potential projects and terms of reference
3. Know-how fund consultant
4. Approved--December 1991
5. £6,000
1. Energy audit mission
2. Assessment mission to Lithuania to prepare in cooperation with Lithuanian Ministry of Energy for national energy audit
3. Know-how fund consultant
4. Approved--October 1991
5. £3,500
1. Joint exchanges committee mission
2. To advise on setting up physical commodity exchange
3. Lithuanian authorities
4. Approved--October 1991
5. £4,000
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