General Implementation of Treaties

Part of Orders of the Day — Clause 2 – in the House of Commons at 12:00 am on 24 May 1972.

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Photo of Mr Geoffrey Rippon Mr Geoffrey Rippon , Hexham 12:00, 24 May 1972

Perhaps it may be helpful if I state at the outset the Government position on the points which were made earlier this afternoon about the publication of instruments. I should reiterate that the Government entirely accept and have always accepted the need to let the House have English translations of Community regulations and directives and to do so promptly and on a continuing basis. We shall do our best in this regard, as I have said on many previous occasions, to bring the necessary literature before Members of Parliament as it appears.

I think it is important, however, to be clear about the status of these instruments. That was the point which was in issue earlier this afternoon. They are official translations published by the Government through Her Majesty's Stationery Office for the convenience of Parliament and the public. They have accordingly been made available in the Vote Office for hon. Members, but they were not I am advised, presented to Parliament in any formal sense. It is incorrect to speak of these instruments, as one hon Gentleman did, as being incorporated into the law of the land by Clause 2 Clause 2(1) gives the force of law not to these instruments as such but to the rights and obligations under the Treaties. One has to look at the Treaties to find out what the Community obligations are. That will be found in the instruments as published by the Community in the Official Journal. As each of the 42 volumes makes clear on its cover, it is the authentic texts eventually published in the Official Journal which will be the formal texts binding on this country.

The right hon. Member for Stepney (Mr. Shore) expressed the fear that there might be a time-lag from 1st January, 1973, before Community instruments were published in English. That is not so. Our problem as we have said before, is essentially one of the interim period before we become full members of the Community. It is a provision of the Treaty of Accession that English will be an official language of the Community as from accession, so Community instruments will be published in English at the same time as in other languages.