ON February 18, two divisional judges dismissed an attempt by five traders to overturn their criminal convictions for selling in pounds and ounces. The judges' view was that the 1972 European Communities Act, compelling metrication, is capable of overriding later Acts of Parliament, in this case the 1985 Weights and Measures Act allowing pounds and ounces.

This interpretation of the 1972 Act is contrary to constitutional law which says if two Acts conflict, the later Act takes precedence over the first. This is to ensure that power always resides with the Parliament of the present so that it may correct errors of the past.

If the new ruling is correct, however, ministers will effectively be able to pass, repeal or amend Acts of Parliament without recourse to Parliament. They need only project powers of the 1972 Act into the future, meaning power will pass from elected parliaments to ministers implementing EU directives.

Such is the importance of this change that the judges have announced that they cannot make a final binding decision on this matter. They have therefore allowed the traders to appeal to the House of Lords. If, as hoped, the Lords rule that later Acts must prevail over earlier Acts, pounds and ounces will remain lawful and the convictions will be quashed.

Tomorrow, the traders will lodge their appeal to be heard later this year. They will be entirely dependent on the public for financial support. Readers can make donations online at www.metricmartyrs.com, or by making cheques payable to Metric Martyrs Defence Fund and posting to PO Box 526, Sunderland SR1 3YS.

Pounds and ounces may yet be saved.

JOHN GARDNER, Research Officer, British Weights and Measures Association, Montgomery Street, Edinburgh.