BETTER LAWMAKING
(20803)
13725/99
COM(99) 562
|
Commission Report to the European Council: Better
lawmaking 1999.
|
| Legal base:
| — |
| |
| Document originated:
| 3 November 1999
|
| Forwarded to the Council:
| 4 November 1999
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| Deposited in Parliament:
| 20 December 1999
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| Department: |
Cabinet Office |
| Basis of consideration:
| EM of 5 January 2000
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| Previous Committee Report:
| None |
| To be discussed in Council:
| Nice European Council in December 2000
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| Committee's assessment:
| Politically important
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| Committee's decision:
| Cleared |
Background
5.1 Since the Edinburgh European Council
in December 1992, the Commission has produced annual reports dealing
with progress made in improving legislation in the EC. The first
two reports were limited to describing how the principle of subsidiarity
was being applied, but from 1995 onwards the Commission decided
to broaden their scope. As the introduction to this report states:
"'Better lawmaking'
does not simply mean applying the principles of subsidiarity and
proportionality correctly; it also involves making legislation
simpler, more understandable and more accessible. The result is
greater effectiveness and acceptability of Community actions."
5.2 In past years, we have concluded that
the reports, though interesting, raised no issues of legal or
political importance[21].
However, in December1999 we took oral evidence from the then Minister
for Public Service (Mr Kilfoyle) and reported twice on some draft
joint guidelines on the quality of drafting of Community legislation[22].
We were pleased that the three institutions involved in the Community
legislative process were taking measures to improve drafting;
but we were concerned that the initiative — like preceding
ones — would lose momentum. We therefore indicated that
we intended to keep a watching brief on this area. Although not
limited to the question of drafting, the Commission's annual report
provides some insight into recent developments.
The report
5.3 The report says:
"The results in 1999
show that the Commission has applied the principles of subsidiarity
and proportionality strictly, as required by the Amsterdam Protocol[23].
This is not always easy. Indeed, as the report 'Better Lawmaking
1998 — A Shared Responsibility'16 pointed out,
the other institutions still exert great 'legislative pressure'
on the Commission. These 'demands' for legislation do not always
comply with the principles of subsidiarity or proportionality."
5.4 The Commission goes on to cite examples
where it has strictly applied the principles of subsidiarity and
proportionality, including: action on atmospheric pollution at
Community level was taken only after the Commission had established
that national action was insufficient to deal with the problem;
the Commission's willingness to consider alternatives to legislation
as shown by initiatives such as the agreements with motor manufacturers
under the Auto Oil Programme, and the agreements reached by the
"social partners" on part-time work and the organisation
of working time of seafarers[24].
5.5 The Commission also underlines its commitment
to prior consultation, in the form not only of Green and White
Papers but also of public meetings such as seminars and round
table discussions. The report comments on the sources of information
available to the public about proposed and adopted legislation,
both brochures and through various websites.
5.6 On the quality of drafting initiative,
the report states that :
"The institutions are
now preparing to implement [the guidelines] and are drawing up
a joint practical guide for people drafting legal texts. The Council
has already taken these developments into account in its new rules
of procedure[25]. The
Commission has set up a network of legislative co-ordinators to
supervise the quality of draft legislation prepared in each Directorate
General.
"Finally, the Commission has introduced two
computer tools to rationalise the drafting and presentation of
legal documents..."
5.7 The report details the progress in simplifying,
consolidating and recasting Community legislation, referring in
particular to the Commission's work in recasting agricultural
legislation, the SLIM initiative (Simpler Legislation for the
Internal Market), and the improvements to the structure of the
Fifth Framework Programme on research. However, a sub-text to
this section of the report is the Commission's perception that
the other institutions are less committed to improving legislation:
in particular, it notes that since the Edinburgh European Council
only about half of its proposed simplification measures have been
adopted by the Council and EP.
The Government's view
5.8 The Minister for the Cabinet Office
and Chancellor of the Duchy of Lancaster (the Rt. Hon. Marjorie
Mowlam), in her Explanatory Memorandum of 5 January, says that:
"The UK Government welcomes the report, though it considers
its assessment to be over-generous in parts."
Conclusion
5.9 Although 'better lawmaking' is not
an exciting subject, it is, for the reasons given in paragraph
5.1 above, an important one. We note that the Minister thinks
that the Commission's report is rather too generous in its assessment
of progress, without being more specific. We remind the Minister
that we asked the then Minister for Public Service to keep us
informed of the progress made by the institutions and the UK Government
in implementing the drafting guidelines. We look forward to receiving
this update and, as part of that, we would welcome any comments
on areas in which the Commission and other institutions should
try harder. It is particularly disappointing that simplification
measures proposed by the Commission are blocked in the Council
and the EP, and we would welcome an explanation of this and an
account of the steps the UK is taking to aid the accelerated adoption
of these measures. If the Minister's update could give examples
of provisions where the UK has successfully argued for better
drafting in accordance with the guidelines, so much the better.
In the meantime, we clear this document.
21 For example, last year's report: (19686) 13940/98;
see HC 34-v (1998-99), paragraph 9 (13 January 1999). Back
22 (19261)
- ; see HC 155-xxxv (1997-98), paragraph 2 (22 July 1998) and
HC 34-xi (1998-99), paragraph 12 (24 February 1999). The relevant
Minutes of Evidence are appended to the latter Report. Back
23
Protocol to the Treaty of Amsterdam on the application of the
principles of subsidiarity and proportionality (now Protocol No.
30 to the EC Treaty). Back
24
These agreements, negotiated by the employers' and workers' representatives,
were subsequently given legislative effect in Council Directives
1999/70/EC and 1999/63/EC. See (18312) 10230/97: HC 155-vi (1997-98),
paragraph 4 (12 November 1997); and (19641) 13526/98, (20108)
- and (20234): HC 34-vi (1998-99), paragraph 6 (20 January 1999
and HC34-xxiv (1998-99), paragraph 1 (30 June 1999). Back
25
Council Decision of 31 May 1999 adopting the Council's Rules of
Procedure: OJ No. C 147, 12.6.99. Back
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