Select Committee on European Scrutiny Sixteenth Report


7 STATUTE FOR MEMBERS OF THE EUROPEAN PARLIAMENT

(25349)
5575/04
European Parliament Resolution amending the Decision adopting a Statute for Members of the European Parliament


Legal baseArticle 190(5) EC and Article 108(4) of the Treaty establishing the European Atomic Energy Community; approval by Council by QMV except in relation to taxation (unanimity)
Deposited in Parliament 12 February 2004
DepartmentForeign and Commonwealth Office
Basis of consideration EM of 26 February 2004
Previous Committee Report None; but see (24341) —; HC 63-xviii (2002-03), para 4 (9 April 2003), HC 63-xxiii (2002-03), para 7 (4 June 2003), HC 63-xxviii (2002-03), para 5 (2 July 2003), HC 63-xxxii (2002-03), para 11 (17 September 2003) and HC 42-vii (2003-04), para 9 (21 January 2004)
Discussed in Council26 January 2004
Committee's assessmentPolitically important
Committee's decisionCleared

Background

7.1 By virtue of Article 190(5) EC, the European Parliament, after seeking an opinion from the Commission and acting with the approval of the Council, may lay down regulations and general conditions governing the performance of the duties of Members of the European Parliament (MEPs). The Council acts by qualified majority when giving its approval, but all rules or conditions relating to the taxation of Members or former Members require unanimity.

7.2 We considered the draft Resolution on 9 April, 4 June, 2 July and 17 September and the Resolution on 21 January. The Minister for Europe (Mr Denis MacShane) informed us on 19 January 2004 of the adoption of the Resolution by the European Parliament on 17 December 2003 and that the Resolution would be considered by the Council on 26 January 2004. The Minister informed us in detail of the changes which had been made to the draft.

7.3 We considered that the revised version was a considerable improvement which, among other beneficial changes, removed the provisions on privileges and immunities which we considered to be unjustifiable. We remained of the view that the proposed salary for an MEP was rather high and welcomed the Minister's undertaking to take any realistic opportunity to secure a reduction. We cleared the proposal from scrutiny so that the Minister might participate in an agreement within the Council on 26 January 2004.

The European Parliament resolution

7.4 The document is the consolidated version of the motion for a Resolution of the European Parliament. It has been prepared by the European Parliament's rapporteur, Mr Willi Rothley MEP, following the passing of the Resolution by the European Parliament on 17 December 2003.

7.5 The document sets out the revised text of the Statute for Members of the European Parliament and contains the amendments which the Minister described to us in his letter of 19 January 2004.

The Government's view

7.6 In his Explanatory Memorandum of 26 February 2004 the Minister describes the changes made to the draft Statute by the Resolution. The Minister informs us that the Resolution was not approved by the Council at its meeting on 26 January. The Minister further explains that, as a result, the Resolution "currently has no legal status" and the Statute has not been adopted. There is no timetable for the re-tabling of the proposal in the Council.

Conclusion

7.7 We thank the Minister for informing us of the outcome of the Council meeting. We infer from the Minister's remarks that there is now no prospect of the matter being reconsidered by the Council in the near future.

7.8 We see no reason to keep this document under scrutiny and we are content to clear it, on the understanding that the Minister will continue to keep us informed of any further consideration of the matter by the Council.



 
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