The Sunderland greengrocer, Steven Thoburn, has decided to appeal against a conviction for using scales weighing and pricing loose fruit and vegetables in only imperial, rather than metric units. Thoburn had sought to challenge the principle by which European regulations had been incorporated into British law. During hearings stretching from November to April, in which he pleaded not guilty and did not dispute the facts, his defence argued that laws stemming from European Directives and requiring metrication of scales were invalid. A District Judge disagreed and handed Thoburn a six-month conditional discharge, adding that he accepted the honesty of his motives.

The case brought top barristers to the Sunderland Magistrates Court to argue points of constitutional law. It has already cost Thoburn's supporters in excess of £35,000. The appeal will increase this sum considerably. If the defence fails in the Court of Appeal and gains permission to go the House of Lords, Thoburn's costs are expected to top £150,000.

Trading Standards officers will admit in private that they're caught in a double bind. Their job is to uphold the law but they're sympathetic to the problems faced by traders. Only when officers are provoked by dishonesty or publicity-seeking action will they resort to the Courts.

Of course, this is not really about weighing fruit. It has become a vehicle for constitutional arguments about the relationship of the British Government with Europe. When there is a conflict between European Law - to which Britain has signed up - and laws enacted directly by the British Parliament, which should prevail? In the case of metrication, there is an additional complication: legislation requiring loose goods to be weighed and priced in metric units includes elements that were introduced as "Statutory Instruments". These do not get a full debate in the House of Commons.

 

June | July 2001

For the full article, see page 24 of the June/July 2001 issue of First Voice