Select Committee on European Scrutiny Minutes of Evidence


Examination of Witnesses (Questions 37-39)

MR NEIL O'BRIEN

9 MAY 2007

  Q37 Chairman: Mr O'Brien, we seem to have a trail of Irish origin, including my own, obviously, with the Donnellys and the O'Briens. I am sure that shows that we come from a nation that has a wider interest in Europe and not necessarily just in our own homeland. If you do not mind, I will call you Neil. You have given us a very thorough submission, which I read with interest, and it could probably make a document in its own right to interrogate you on, but I think we will stick to the Annual Policy Strategy Document 2008. You heard what we said about how this document forms a discussion document with other institutions and then hopefully leads to the Work Programme. Could I ask you what you perceive the role of the APS to be?

  Mr O'Brien: I think that this is a useful document and a useful meeting for you to be having, because it is important for this Committee to try and get, as it were, further upstream in the process, and it is good to know what is coming, though I would say that it is only useful up to a point. It is good to know that certain ideas are in the pipeline. For example, there is a proposal in here which talks, in passing, about the Global Climate Policy Alliance as if this is something that we should all have heard of. It is not something I have heard of, even though I work full-time on the EU, and when you go on the Internet to search for what this Global Climate Policy Alliance proposal, is the only reference I can find in the entire world to it is in this document. So, the Commission clearly have a very clear idea about what they want to do, but unless you start looking further upstream, like we are in this document, then it is very difficult to find out what is coming at you. I think that looking further ahead is useful but really there is only so much that this Committee can do with the current structure. Hopefully those of you who were on the Committee in 2006 would have got our proposal about how we think the powers of this Committee should be expanded and its mandate increased. I think the most important problem, which we sort of touched on before, is that the Executive at the moment is not playing by the rules. We have had something like 400 scrutiny overrides since 2001 alone, we are currently using Article 308 just under twice a month and I am glad to see that is now becoming an issue. In particular, there is a big piece in The Independent today about your skewering of Joan Ryan and her explanation of "when an agreement is not an agreement" and why this Committee can be by-passed.

  Q38  Chairman: Can I suggest that maybe we are diverting into territory that we all dearly love but is not necessarily to do with the Annual Policy Strategy Document. Do you consider this year's Annual Policy Strategy Document, the 2008 one which is before us, to be a useful planning tool on which the Commission bases its dialogue with institutions?

  Mr O'Brien: Yes, this one does seem to be a bit crisper, or at least coherent, than previous ones. As I said before, a lot of this is at a very high level of generality. Various proposals are mentioned but not very well explained, and I think, as I have said before, more generally, there should be a greater attempt going much beyond this document to try and get focused on proposals in documents at a much earlier stage in the whole process.

  Q39  Chairman: Do you think, therefore, that this process and this document, which will obviously lead to the Work Programme, that will take into account the views of the institutions with whom the dialogue takes place, or do you find that it comes out of the Work Programme much as it went in as the Annual Policy Strategy Document?

  Mr O'Brien: I am afraid I think that national parliaments in this Committee are very much at the end of the food chain. I thought it was significant before that there were very few examples of how national parliaments have influenced the Commission's Work Programme. I think that other factors are a lot more important. Principally this is about the Commission driving its own agenda.


 
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