Airstrip One

Who Governs?

The stupid and needless prosecution of a greengrocer for selling in imperial measures is being touted as one about whether EU or British law is paramount. I think that this is wrong, although it will just be an entertaining sideshow.

As long ago as 1979 Lord Justice Denning said in McCarthys Ltd v Smith:

"If the time should come when Parliament deliberately passes an Act with the intention of repudiating the Treaty or any provision in t or intentionally acting inconsistently with it and says so in express terms then I should have thought that it would be the duty of our courts to follow the statute of Parliament ... Unless there is such an intentional and express repudiation of the Treaty, it is our duty to give priority to the Treaty."

This was reinforced in the Factortame case (1989) when a later law (made in 1979) was seen as contrary to the
European Communities Act (1972) and was set aside. Although Michael Shrimpton, QC, makes a good and entertaining case that the European Communities Act can be accidentally overridden - the doctrine of the courts is obviously different. Steve Thorburn has to
meet a tougher test - was the weights and measure act intended to over-ride the European Communities Act. I'm afraid that this will be very much harder.

So in short, if Thorburn loses this will not be proving EU law to be superior to British Law, it will not be a statement that Britain can not leave the European Union on a Parliamentary vote. It will leave the law exactly where it was.

Of course if Thorburn wins this case, it will be a statement that EU law is the same as any other law and will cause minor havoc for our membership of the EU. It is therefore devoutly to be hoped for.

I also understand that the judgement will be read out on April 9, less than a month before the widely expected election.

The Congo Rises

The death of the Congo strongman Laurent Kabila brought out a strange statement from our Foreign Office. It's not the content that is so strange, a call for stability, peace and a UN peacekeeping force - but the idea that we have any business there in the first place.