41 EU policy against corruption
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10332/03
COM(03) 317
| Commission Communication on a comprehensive EU policy against corruption.
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| Legal base | — |
| Department | Home Office |
| Basis of consideration | Minister's letter of 28 August 2003
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| Previous Committee Report | HC 63-xxx (2002-03), paragraph 9 (16 July 2003), and see (23885) 12249/2/02: HC 63-v (2002-03), paragraph 10 (18 December 2002)
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| To be discussed in Council | No date set
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| Committee's assessment | Legally and politically important
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| Committee's decision | Cleared
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Background
41.1 We considered this Communication from the Commission on 16
July, when we noted that corruption has been a matter of international
and European concern for some years, with initiatives in the United
Nations and the Council of Europe as well as the European Union.
41.2 We noted that the Communication was an overview
of what has been achieved at EU level and that it indicated the
Commission's 'firm intention to reduce corruption at all levels
in a coherent way within the EU institutions, in EU Member States
and outside the EU'. We reviewed the Communication in some detail
and put three questions to the Minister.
41.3 We agreed with the Minister that proposals by
the Commission to regulate spending on, or the conduct of, national
and local elections would raise subsidiarity issues. Having regard
to the Commission's stated 'firm intention' to reduce corruption
'in a coherent way within the EU institutions, in EU Member States
and outside the EU', we first asked the Minister to explain what
role, if any, could properly be undertaken by the Commission in
this regard within the UK.
41.4 We noted that the Communication advocated Community
accession to the relevant Council of Europe conventions and Community
membership of GRECO (the group of states against corruption).
We therefore asked the Minister if Community accession to GRECO
might have the effect of conferring an exclusive external competence
on the European Community to negotiate international agreements
in this area, and if so, whether the Minister would find this
acceptable.
41.5 The Communication also invited Member States
to introduce clear guidelines on 'whistleblowing' for staff of
public administrations, suggesting that reference be made to the
Commission Decision of 4 April 2002 as a model for such guidelines.
We noted that controversy has arisen when Commission staff have
raised concerns over actual or potential impropriety, and we recalled
our own concerns about the limited protection given to such persons
under the Decision of 4 April 2002 and the proposed Staff Regulations.
Our third question was whether the Minister considered that these
were an appropriate model to recommend to the Member States.
The Minister's reply
41.6 In her letter of 28 August 2003 the Parliamentary
Under-Secretary of State at the Home Office (Caroline Flint) replies
to our three questions.
41.7 On the first question, the Minister states that
the Government does not see any role for the Commission in relation
to the funding or expenditure of national political parties participating
in national and local elections taking place within the UK. In
relation to a more general policy of reducing corruption, the
Minister recalls that the Commission may make proposals under
Title VI EU for the Council to exercise its formal powers to achieve
the objectives set out in Article 29 EU relating to corruption.
The Minister adds that the Government has no objection to the
Commission proposing less formal measures, such as encouraging
Member States to ratify existing conventions on corruption and
to develop standards of integrity in public administration.
41.8 With regard to Community accession to GRECO,
the Minister explains that GRECO operates under a statute which
gives it the aim of improving members' capacity to fight corruption
by monitoring their compliance with agreed international standards,
but that GRECO does not itself negotiate agreements. The Minister
states her belief that EC participation in GRECO could not have
the effect of conferring an exclusive external competence on the
EC to negotiate international agreements relating to corruption,
but that if it did, the Government 'would certainly object'. The
Minister adds that one of the international standards monitored
by GRECO is the Council of Europe's '20 Guiding Principles for
the Fight Against Corruption' and that one of these Principles
(number 10) relates to the rights and duties of public officials.
The Minister comments that if the EC were to become a member of
GRECO, it should become subject to GRECO's peer review process
and that 'in so far as there may be any deficiencies in the Commission's
staff regulations in this field the process can be expected to
reveal them'.
41.9 On the question of recommending the Commission
Decision of 4 April 2002 and the proposed Staff Regulations to
Member States as an appropriate model, the Minister comments that
the Government would have no objection to the Commission recommending
model guidelines to Member States but that it believes it must
be for individual States to determine their own arrangements.
The Minister describes the arrangements applying to civil servants
in the United Kingdom under the Civil Service Code, including
the possibility of a civil servant bringing a complaint directly
to the Civil Service Commissioners without having to go through
internal processes. The Minister also refers to the protection
available under the Public Interest Disclosure Act 1998 to employees
in the public and private sectors who 'blow the whistle' outside
the normal channels.
Conclusion
41.10 We thank the Minister for her reply to our
three questions. We agree with the Minister that the Commission
has no role in relation to the funding or expenditure of national
political parties participating in national and local elections.
41.11 We are grateful for the Minister's statement
that membership by the European Community in GRECO should have
no effect on the competence of Member States to negotiate agreements
with third countries in relation to the prevention of corruption.
We agree with the Minister that the peer review process within
GRECO may help to reveal any deficiencies in the Commission's
Staff Regulations.
41.12 We also agree with the Minister that there
can be no objection in principle to the Commission recommending
model guidelines to Member States on the rights and duties of
public officials, provided the Member States remain free to determine
their own arrangements. In describing the arrangements applying
to public and private sector employees within the United Kingdom,
we believe the Minister is right to mention protection for 'whistleblowing'
outside the normal reporting channels, since we consider this
an area in which the Commission's own staff regulations are deficient.
41.13 We have no further questions for the Minister
on this document which is not, in any event, a proposal for legislation.
We are therefore content to clear it from scrutiny.
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