The European Scrutiny Committee is appointed under
Standing Order No.143, viz:
European Scrutiny Committee
143.(1) There shall be a select committee,
to be called the European Scrutiny Committee, to examine European
Union Documents and
(a) to report its opinion on the legal and
political importance of each such document and, where it considers
appropriate, to report also on the reasons for its opinion and
on any matters of principle, policy or law which may be affected;
(b) to make recommendations for the further
consideration of any such document pursuant to Standing Order
No. 119 (European Standing Committees); and
(c) to consider any issue arising upon any
such document or group of documents, or related matters.
The expression 'European Union Document' in this
order and in Standing Orders No. 16 (Proceedings under an Act
or on European Union documents), No. 89 (Procedure in standing
committees) and No. 119 (European Standing Committees) means
(i) any proposal under the Community Treaties
for legislation by the Council or the Council acting jointly with
the European Parliament;
(ii) any document which is published for
submission to the European Council, the Council or the European
Central Bank;
(iii) any proposal for a common strategy,
a joint action or a common position under Title V of the Treaty
on European Union which is prepared for submission to the Council
or to the European Council;
(iv) any proposal for a common position,
framework decision, decision or a convention under Title VI of
the Treaty on European Union which is prepared for submission
to the Council or to the European Council;
(v) any document (not falling within (ii),
(iii) or (iv) above) which is published by one Union institution
for or with a view to submission to another Union institution
and which does not relate exclusively to consideration of any
proposal for legislation;
(vi) any other document relating to European
Union matters deposited in the House by a Minister of the Crown.
(2) The committee shall consist of sixteen members.
(3) The committee and any sub-committee appointed
by it shall have the assistance of the Counsel to the Speaker.
(4) The committee shall have power to appoint
specialist advisers either to supply information which is not
readily available or to elucidate matters of complexity within
the committee's order of reference.
(5) The committee shall have power to send for
persons, papers and records, to sit notwithstanding any adjournment
of the House, to adjourn from place to place, and to report from
time to time.
(6) The quorum of the committee shall be five.
(7) The committee shall have power to appoint
sub-committees and to refer to such sub-committees any of the
matters referred to the committee.
(8) Every such sub-committee shall have power
to send for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to place,
and to report to the committee from time to time.
(9) The committee shall have power to report
from time to time the minutes of evidence taken before such sub-committees.
(10) The quorum of every such sub-committee
shall be two.
(11) The committee shall have power to seek
from any committee specified in paragraph (14) of this order its
opinion on any European Union document, and to require a reply
to such a request within such time as it may specify.
(12) The committee or any sub-committee appointed
by it shall have leave to meet concurrently with any committee
specified in paragraph (14) of this order or with any committee
of the Lords on the European Communities, or any sub-committee
of that committee, for the purposes of deliberating or examining
witnesses.
(13) The committee shall have power to communicate
to any committee specified in paragraph (14) of this order its
evidence or any other document relating to matters of common interest.
(14) The committees specified for the purposes
of this order are those appointed under Standing Order No. 152
(Select committees related to government departments) including
any sub-committees, the Select Committee on Public Administration,
the Committee of Public Accounts, and the Environmental Audit
Committee.
(15) Unless the House otherwise orders, each
Member nominated to the committee shall continue to be a member
of it for the remainder of the Parliament.
The present membership of the Committee is as follows[1]:
Ben Bradshaw MP (Labour,
Exeter)[2]
Colin Breed MP (Liberal Democrat, South East Cornwall)[2]
Roger Casale MP (Labour, Wimbledon)[2]
William Cash MP (Conservative, Stone)[2]
Michael Connarty MP (Labour, Falkirk East)[3]
Jim Dobbin MP (Labour, Heywood and Middleton)[2]
Margaret Ewing MP (SNP, Moray)[2]
Patrick Hall MP (Labour, Bedford)[4]
Jimmy Hood MP (Labour, Clydesdale)[2]
Jenny Jones MP (Labour, Wolverhampton South West)[2]
Jim Marshall MP (Labour, Leicester South)[2]
Nick Palmer MP (Labour, Broxtowe)[3]
Owen Paterson MP (Conservative, Shropshire North)[5]
Bill Rammell MP (Labour, Harlow)[6]
Laurence Robertson MP (Conservative, Tewkesbury)[4]
Anthony Steen MP (Conservative, Totnes)[2]
On 18 November 1998, the Committee elected Mr
Jimmy Hood as its Chairman.
Resolution of the House of 17 November 1998[7]
That,
(1) No Minister of the Crown should give agreement
in the Council or in the European Council to any proposal for
European Community legislation or for a common strategy, joint
action or common position under Title V or a common position,
framework decision, decision or convention under Title VI of the
treaty on European Union
(a) which is still subject to scrutiny (that
is, on which the European Scrutiny Committee has not completed
its scrutiny) or
(b) which is awaiting consideration by the
House (that is, which has been recommended by the European Scrutiny
Committee for consideration pursuant to Standing Order No. 119
(European Standing Committees) but in respect of which the House
has not come to a Resolution).
(2) In this Resolution, any reference to agreement
to a proposal includes
(a) agreement to a programme, plan or recommendation
for European Community legislation;
(b) political agreement;
(c) in the case of a proposal on which the
Council acts in accordance with the procedure referred to in Article
251 of the Treaty of Rome (co-decision), agreement to a common
position, to an act in the form of a common position incorporating
amendments proposed by the European Parliament, and to a joint
text; and
(d) in the case of a proposal on which the
Council acts in accordance with the procedure referred to in Article
252 of the Treaty of Rome (co-operation), agreement to a common
position.
(3) The Minister concerned may, however, give
agreement
(a) to a proposal which is still subject
to scrutiny if he considers that it is confidential, routine or
trivial or is substantially the same as a proposal on which scrutiny
has been completed;
(b) to a proposal which is awaiting consideration
by the House if the European Scrutiny Committee has indicated
that agreement need not be withheld pending consideration.
(4) The Minister concerned may also give agreement
to a proposal which is still subject to scrutiny or awaiting consideration
by the House if he decides that for special reasons agreement
should be given; but he should explain his reasons
(a) in every such case, to the European
Scrutiny Committee at the first opportunity after reaching his
decision; and
(b) in the case of a proposal awaiting consideration
by the House, to the House at the first opportunity after giving
agreement.
(5) In relation to any proposal which requires
adoption by unanimity, abstention shall, for the purposes of paragraph
(4), be treated as giving agreement.
Notes
1. Three separate numbering
systems are used in this Report to designate European Union
documents.
Numbers in brackets are the Committee's own reference
numbers.
Numbers in the form 5467/97 are Council of Ministers
reference numbers; this system is also employed by United Kingdom
Government Departments and the Vote Office and for the purpose
of proceedings in the House.
Numbers preceded by the letters COM or SEC are Commission
reference numbers; this style is also employed by the European
Parliament.
The absence of both a Council of Ministers and Commission
reference number usually indicates that at the time of the Report
only an unnumbered Explanatory Memorandum from the responsible
Government Department was deposited in the House.
2. Details of the progress of European Union
Documents recommended by the Committee for further consideration
may be found in the European Union Documents List which is circulated
every sitting Monday in the Vote Bundle.
3. The financial data in European Union
Documents are normally expressed in the euro from 1 January 1999.
Following sterling's suspension from the Exchange Rate Mechanism,
conversions into sterling relating to present and future years
included in the Government's Explanatory Memoranda are normally
made at the market rate for the last working day of the previous
month. For Explanatory Memoranda submitted in June 2000, the conversion
rate is £1 = 1.6064 euro (1 euro = £0.6225).
4. The following terms and abbreviations
are used regularly in Reports from the Committee:
'A' point | An item on the Council Agenda which is not controversial, and needs no discussion. If any Member State objects to an item being taken as an 'A' point, that business is dropped from the agenda. 'B' points are those expected to give rise to debate.
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COREPER
| Committee of Permanent Representatives
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ECJ | European Court of Justice
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ECSC | European Coal and Steel Community
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EM | Explanatory Memorandum
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OJ | Official Journal
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RIA | Regulatory Impact Assessment
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SEM | Supplementary Explanatory Memorandum
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Tag | An italic rubric attached to a Motion in the House or European Standing Committee, listing documents relevant to debate on that Motion
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1
Russell Brown MP (Labour, Dumfries), was appointed on 17
November 1998 and discharged on 10 December 1998; Linda Gilroy
MP (Labour/Co-operative, Plymouth Sutton) was appointed
on 17 November 1998 and discharged on 10 December 1998; Quentin
Davies MP (Conservative, Grantham and Stamford) was appointed
on 17 November 1998 and discharged on 11 January 1999; Shaun Woodward
MP (Conservative, Witney) was appointed on 17 November
1998 and discharged on 26 July 1999; Robert Walter MP (Conservative,
North Dorset) was appointed on 11 January 1999 and discharged
on 26 July 1999; Rosemary McKenna MP (Labour, Cumbernauld and
Kilsyth) was appointed on 17 November 1998 and discharged
on 14 December 1999; Allan Rogers MP (Labour, Rhondda)
was appointed on 30 March 2000 and discharged on 20 June 2000. Back
2
Appointed on 17 November 1998. Back
3
Appointed on 10 December 1998. Back
4
Appointed on 14 December 1999. Back
5
Appointed on 26 July 1999. Back
6
Appointed on 17 November 1998, discharged on 30 March 2000 and
reappointed on 20 June 2000. Back
7
Votes and Proceedings, 17 November 1998, p 1250. Back
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