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
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| Legal base | —
|
| Department | Home Office
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| 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)
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| To be discussed in Council
| No date set |
| Committee's assessment | Legally and politically important
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| Committee's decision | Not cleared; further information requested
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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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