Select Committee on European Scrutiny Eighteenth Report


12  GREEN PAPER ON A EUROPEAN PROGRAMME FOR CRITICAL INFRASTRUCTURE PROTECTION

(27052)
14910/05
COM(05) 576
Green Paper on a European programme for critical infrastructure protection


Legal base
DepartmentHome Office
Basis of consideration Minister's letter of 30 January 2006
Previous Committee Report HC 34-xiv (2005-06), para 8 (11 January 2006) and see HC 38-v (2004-05), para 5 (26 January 2005)
To be discussed in Council No date set
Committee's assessmentLegally and politically important
Committee's decisionNot cleared; further information requested

Background

12.1 In June 2004 the European Council asked the Commission and the High Representative to prepare an overall strategy to protect critical infrastructure.[20] On 11 January 2006 we considered a Commission Green Paper, which was the latest stage in the drawing up of a European Programme for Critical Infrastructure Protection (EPCIP) which programme would be supplemented by a critical infrastructure warning network (CWIN).

12.2 We noted that the Green Paper suggested the creation of a common framework, with common principles and standards for the protection of critical infrastructure, and with common definitions of concepts such as critical infrastructure protection, European critical infrastructure and Operator Security Plans. We also noted that the Green Paper suggested the adoption of a common list of critical infrastructure sectors, which would include energy, information and communications technologies, water and food supply, health, financial services, "public and legal order and safety", civil administration, transport, chemical and nuclear industries and "space and research". Under the heading "civil administration", the list included government functions, emergency services, civil administration services and postal and courier services, but also included the armed forces.

12.3 We noted the argument in the Green Paper that it was in the interests of the Member States and the European Union as a whole that each Member State should protect its national critical infrastructure under a common framework "so that owners and operators throughout Europe would benefit from not being subject to a varied puzzle of frameworks resulting in a multitude of methodologies and additional costs", but we thought the Minister was right to express caution about a number of options which, as the Minister explained "could be interpreted as impinging upon national responsibilities". In our view, some of the issues raised in the Green Paper touched on the fundamental duty of a national government to ensure the security of its citizens.

12.4 In relation to the reference to the armed forces in the suggested list of critical infrastructures, we asked the Minister for an assurance that in no circumstances would the disposition and organisation of this country's armed forces form part of any "common framework" at Community level as referred to in the Green Paper. We also asked the Minister to inform us, in due course, of the reply which it would make to the Green Paper.

The Minister's reply

12.5 In her letter of 30 January 2006 the Minister of State at the Home Office (Hazel Blears) states that the Committee's concerns about the potential scope of the Commission's proposals are ones which are shared by the Government. In relation to our specific concern over the reference to the armed forces in the suggested list of critical infrastructures, the Minister replies as follows:

    "You sought a particular assurance that in no circumstances would the disposition and organisation of the UK's Armed Forces form part of any 'common framework' at Community level, as referred to in the Green Paper. I can assure you that, in all its dealings with the Commission on this proposed programme of work, we have stressed the need to ensure that the principle of subsidiarity is respected. Therefore, we will continue to stress that all infrastructure that supports national Armed Forces is out of scope of this Programme. This clarification has been included within our response to the Commission."

12.6 The Minister further explains that the Government response to the Commission Green Paper is currently being finalised and that the Minister will ensure we have sight of this at the earliest opportunity. The Minister adds that the Green Paper "raises some fairly wide-ranging options and we have been anxious throughout to ensure that our national position is preserved".

Conclusion

12.7 We are grateful to the Minister for her reassurance that the disposition and organisation of this country's armed forces, and its supporting infrastructure, are to be outside the scope of this programme.

12.8 We look forward to seeing the Government's intended reply to the Green Paper, and we shall hold the document under scrutiny in the meantime.





20   "Critical infrastructure" for these purposes consists of those facilities and networks, services and assets the destruction or disruption of which would have a serious impact on the health, safety or security or economic well-being of citizens or the effective functioning of government in the Member States. Back


 
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