Select Committee on European Scrutiny Thirty-First Report


35 Relations between the EU and Iraq

(27565)

Commission Communication: Recommendations for renewed EU engagement with Iraq

Legal base
DepartmentForeign and Commonwealth Office
Basis of considerationLetter of 6 June 2005 and EM of 9 June 2005
Previous Committee ReportNone; but see HC 42-xxiii (2003-04), para 14 (16 June 2004)
To be discussed in Council12 June 2006 General Affairs and External Relations Council
Committee's assessmentPolitically important
Committee's decisionCleared

Background

35.1 The overall EU strategy for the Mediterranean and Middle East included the development of EU relations with the new authorities in Iraq, after the transfer of sovereignty on 30 June 2004, which was dealt with in more detail in the June 2004 Communication: "The European Union and Iraq: A Framework for Engagement". For the medium term, the Communication suggested three objectives: the development of a stable and democratic Iraq; the establishment of an open, stable, sustainable and diversified market economy; and Iraq's economic and political integration into its region and the open international system. It suggested EU action in three phases:

—  Phase One: establishment of informal political dialogue, support for elections, economic assistance and on-going implementation of a €305 million package of humanitarian and reconstruction assistance;

—  Phase Two: the launch of formal political dialogue with the elected Transitional Government, assistance in areas of mutual interest, continued support for Iraq's engagement within its region and the expansion of technical assistance and capacity-building programmes; and

—  Phase Three: start of negotiations for an EU/Iraq Agreement, targeted assistance on economic diversification and poverty reduction, and the continuance of existing action in support of democratisation, human rights and the rule of law.

35.2 The Government welcomed the Commission's approach and noted that the Commission's recommendations tallied with the areas where the Government believed the EU would be able to add value, and were consistent with the recommendations under UNSCR 1546 for greater international support for Iraq. Notably, the Government also recognised that the speed of implementation will depend on an improving security situation in Iraq and welcomed the flexible approach suggested by the Commission (establishing engagement with Iraq as quickly as possible and including recommendations to help the then Interim Government address security).

35.3 In clearing it in June 2004,[114] the then Committee, in recognition of the security uncertainties then prevalent, asked to be kept informed of progress. Subsequent letters from the previous Minister for Europe showed that, those difficulties notwithstanding, the EU had subsequently:

—  supported the 2005 elections;

—  established EU JUSTLEX (an integrated Rule of Law and Police Training Mission);

—  taken steps to enhance Iraqi capacity to enter a Trade and Co-operation Agreement and to ensure that Iraq could benefit from the Generalised System of Preferences;

—  signed a Joint Political Declaration (as the prelude to a Troika dialogue at Political Director level) and programmed an additional €200m aid package aimed at restoring public service and supporting the political process, civil society and human rights; and

—  agreed a negotiating mandate for the sort of Trade and Co-operation Agreement (TCA) with Iraq envisaged in Phase Three, under which it was envisaged that Iraq would in due course benefit from improved access to EU markets as well as co-operation in a wide range of areas including science and technology, environment, energy, industry, investment, financial services, transport and telecommunications; assistance in preparing for WTO membership; and a framework for EU technical assistance and capacity building efforts. The negotiations would also cover co-operation on Human Rights, Counter-terrorism, the International Criminal Court, and Non-proliferation.

The draft Communication

35.4 In his 7 June 2006 Explanatory Memorandum, the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office (Lord Triesman) says that this further Communication was issued under cover of a joint letter from Secretary General/EU High Representative, Javier Solana, and External Relations Commissioner Benita Ferrero-Waldner on 7 June 2006 and updates the June 2004 Communication. He says that it sets the same objectives as in 2004, viz:

—  a secure, stable and democratic Iraq;

—  an open, sustainable and diversified Iraqi market economy; and

—  an Iraq at peace with its neighbours and integrated into the international community.

35.5 He goes on to say that:

    "In pursuit of these, the Communication makes recommendations for EU support, noting that the new government is a "renewed opportunity" to engage. It stresses the need for co-operation with other international organisations and the importance of Iraq ownership. The main ways in which the Communication envisages EU involvement are:

—  To endorse and support a model of democratic government that overcomes divisions, including: counter-sectarianism; national inclusiveness; the constitutional review; support to parliament and other democratic institutions (including capacity building and technical assistance); and working on human rights and democracy at regional, provincial and local levels.

—  To contribute to a consolidation of security by underpinning the system of rule of law and promoting a culture of respect for human rights, covering: security training; EUJUST LEX Rule of Law mission; respect for human rights; and Disarmament, Demobilisation and Reintegration.

—  To support national and regional authorities in improving the delivery of basic services and in promoting a conducive environment for job creation, focusing on: access to basic services; promoting private sector job creation; and SMEs.

—  To support mechanisms to pave the way for Iraq's economic recovery and prosperity, covering: EU dialogue; energy (where work in regulatory, legal and financial reform and a technical dialogue are promised); and EU-Iraq Trade & Co-operation Agreement (TCA) negotiations.

—  To promote the development of an effective and transparent administrative framework, including: legal reform; improved transparency, accountability and financial management, with EU assistance and capacity-building drawing on national and EU experience, including the enlargement process; and the establishment of technical working groups in the TCA process."

The Government's view

35.6 The Minister says that, with a constitutionally elected government now in place, the Government believes that:

    "… this is a timely opportunity to take stock of progress against the 2004 Communication and to take a fresh look at how the EU can engage with Iraq, starting with political dialogue with the new government. We welcome the proposals for EU action, which tally with the areas where the Government believes the EU will be able to add value to the engagement of the international community with Iraq. We recognise that the speed of implementation will depend on an improving security situation in Iraq. We strongly believe that it is essential that the EU continues to broaden its engagement with Iraq. This will send an important signal of the increasing normalisation of Iraq's relationship with the international community."

35.7 In his earlier 6 June 2005 letter, the Minister for Europe (Mr Geoffrey Hoon) wrote to advise the Chairman of the imminent issue of the Commission. He too endorses the timeliness of "a fresh look at how the EU can engage with Iraq", with a constitutionally elected government in place, beginning with political dialogue and, the actions identified in the 2004 Communication having been completed, underpinned by updated Commission recommendations for this renewed engagement. A revised Communication "should send a strong signal of the EU's commitment to engage with the new government". He goes on to say that the 12 June General Affairs and External Relations Council was expected to endorse it and that "the timetabling was only announced at the end of last week … Unfortunately, given that there are only three working days between issue of the Communication and the GAERC, Member States will have to consider the Communication before your Committee has had the chance to complete scrutiny."

Conclusion

35.8 Despite the hazardous security environment, the case for such an engagement is self-evident, since its purpose and scope are very much what Iraq will need if a stable and prosperous, open, law-based democracy is ever to take root. We therefore clear the Communication.

35.9 But in so doing we express our dissatisfaction at the way in which its promulgation has been handled. The prospect of a constitutionally elected government being in place has been around for some while. The nature of the recommendations in the Communication are not sensitive. It is inconceivable that the Minister and his officials have not been aware of them for some time. We therefore cannot see why the Minister could not have followed the practice of his predecessor in providing an insight at a much earlier stage, and find it unacceptable that, instead, we are presented with a fait accompli for no good reasons. We shall wish to discuss this with him when he next gives evidence to us, shortly after the June European Council.


114   See headnote. Back


 
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