Annex
LETTER DATED
16 APRIL FROM
NEIL MCMILLAN,
CMG, DIRECTOR AND
DEPUTY HEAD
OF EUROPEAN
SECRETARIAT, CABINET
OFFICE
I am writing in response to your request for
information on whether reaching a general approach whilst scrutiny
is on-going constitutes a breach of the scrutiny reserve resolution.
The issue of whether a general approach constituted
a definitive point in the legislative process was last debated
in the House Lords in 2002, following a report from the Lords'
scrutiny committee. Following this a report was issued in 2003
by the House of Lords Committee recommending that the scrutiny
reserve resolution should be amended to include reaching a general
approach. This report included contributions from a range of participants,
including Jimmy Hood, then chair of the Commons scrutiny committee.
The Government's response to this point was:
"The Government disagrees with the conclusion
in paragraph 75 of the report that the term `agreement' be defined
to include a `general approach'." As the Government has explained,
most recently in the debate on Provisional Agreement in the House
of Lords on 14 October 2002, a "general approach" does
not equate to an agreement since it does not mark the end of a
negotiation. The Government has made clear to its EU partners
that in reaching a general approach it reserves the right to reopen
the substance of the text at a future date. However, the ability
to reach a general approach is a vital negotiating tool, allowing
the Government to reserve the UK's position without having to
block the progress of negotiations in the Council.
There was not further debate on other action
taken by either House following this response.
In the light of these discussions the Government
considers that reaching a general approach does not constitute
an breach of the scrutiny reserve resolution. That said, Departments
are encouraged, wherever possible, to complete scrutiny before
a general approach is reached. We note that the Commons scrutiny
committee has indicated that it may issue a report on reaching
a general approach arguing that it constitutes political agreement.
The Government will obviously wish to look at those arguments
carefully and give its response at the appropriate time.
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