The Gazette 1972

Judges to consider primacy of Community Law TTiey had offered an inducement to judges to acknow- ledge the primacy of Communities law where possible, but there were no means by which the British Govern- ment or Parliament could effectively direct the judges to abandon or modify judicial obedience to the last Act of Parliament. If the Communities developed the characteristics of a political federation, possibly a revolution in legal thinking would occur, and the judiciary would spontaneously shift its position on the relation of Communities law and legislation. It was for the judges themselves to make this fundamental re- adjustment in attitude. The doctrine of parliamentary sovereignty germinated in the courts, and only the courts could eradicate it. Lawyers will require flexibility and great capacity for work " The new members of the Communities are embark- ing on a mysterious adventure, the destination of which is veiled in uncertainty. The immediate prospect for lawyers, administrators and students is a severe chal- lenge. They will need flexibility, a willingness to master new techniques and rules, and a capacity to sustain formidable new workloads. Many of us have under- estimated the extent of readjustment that will be needed in order to play an effective part in our own walk of life in organisations already shaped in outlook and modes of procedure by years of experience in modes of thinking more familiar to Europeans than to insular peoples," Professor de Smith said. Senator Professor Mary Robinson moved a vote of thanks. The attendance included the Chief Justice. (Irish Times, 12th May, 1972).

applicable force, and directives binding States. In join- ing the Communities he did not think it was strictly necessary to give effect to all decisions and directives. Professor de Smith said that Communities regulations to be made in future would be directly applicable in the courts of the United Kingdom and Ireland and would prevail in Communities law over subsequent national legislation as well as existing national legislation. In the case of a law relating to, say, restrictive trade practices, no national legislations could be passed on that subject except by way of implementing Communities law. " Parliament's future freedom of action will be bound and bound for ever, or will it? " he asked. Continual alterations to Community Law He advised a look at what happened in member States. In France the ordinary courts gave effect to Communities laws but the Conseil d'Etat declined to enforce them. In Italy the attitude was equivocal. In West Germany, where the courts were more Communi- ties-minded, even now the courts did not point unabiguously to Communities law primacy. " It is not crystal clear that a new member State must order its affairs so as to give immediate supremacy and primacy to Commnities law over national law." r The British Bill appeared to accept a fundamental dactrine of Communities law supremacy, but the Government spokesmen had admitted that it was not feasible having regard to the traditional attitude of United Kingdom courts to the sovereignty of Parlia- ment. " In my opinion the Government has probably gone further than necessary to make obeisances to the fundamentalist view, and the United Kingdom will enter the Communities on two horses, one galloping towards Communities law supremacy, the other pulling in the other direction."

Rank of Q.C. under attack Calling for the abolition of the rank of Queen's Counsel and attacking the cost of " obtaining justice under the present legal system,' Mr Arthur Lewis (Lab., West Ham N.), asked: " How is it that the Government never refers to these lawyers in the Industrial Court and never talks to them about inflation, when they are getting thousands of pounds. Yet the poor old railwaymen get referred to the Industrial Court."

posed abolition of QC. " Even some QCs in this House have expressed the view that this might be a progressive move," he declared. Sir Peter said: " The practice of having leading prac- titioners with the rank of QC has worked satisfactorily, and is a system many other countries woud like to follow." The rise in the cost of litigation in the past 10 years or so was "commensurate with the rise in the cost of living." In 1960 a counsel's fees in specified litigation were 27 guneas. In 1971, they were 35 guineas: " If you examine that you will see it compares with the increase in the cost of living and, indeed, with the increase in Parlimentary salaries." (The Guardian, 2 May, 1972)) 180

The Attorney-General, Sir Peter Rawlinson, rejected a suggestion by Mr Lewis that he should recommend the abolition of Queen's Counsel. He also denied suggestions by Mr Lewis that legal costs had risen disproportionately in the past ten years. Mr Lewis had referred to a report by the Young Solicitors Group of the Law Society, which had pro-