Letter from Caroline Flint MP, Parliamentary
Under-Secretary of State, Home Office, to Mr David Heathcoat-Amory
MP
I am responding on behalf of Ben Bradshaw to
your question to him of 4 December in the European Scrutiny Committee.
You asked whether there was a conflict in the proposed wording
in the draft Constitutional Treaty between the provision in the
Charter on Fundamental Rights on ensuring that "the arts
and scientific research shall be free of constraint" (Article
II-13) and the need to "pay full regard to the welfare of
animals" in Article III-5a.
The right and principles set out in the Charter
of Fundamental Rights are not absolute. Article II-52 provides
that limitations may be imposed on the exercise of the rights
and principles if they are necessary and meet objectives of general
interest recognised by the Union. There is thus no conflict between
Article II-13 and Article III-5a. In formulating the Unions's
research policies the Union is to have regard to the welfare requirements
of animals. If those welfare requirements required restrictions
being placed on animal research that would be compatible with
Article II-13 read in conjunction with Article II-52.
I apologise for the delay in responding and
hope that this answers your question.
I am copying this letter to Jimmy Hood, Chairman
of the European Scrutiny Committee and Ben Bradshaw.
Caroline Flint
27 January 2004
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