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Foreign and Commonwealth Office

General Affairs and External Relations Council - 28 January 2008

The Minister for Europe (Mr. Jim Murphy): My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs and Kim Darroch (UK permanent representative to the EU) represented the UK at the General Affairs and External Relations Council (GAERC) in Brussels.

The agenda items covered were as follows:

External Relations


The Council discussed the situation in Pakistan ahead of elections on 18 February. Foreign Ministers underlined the importance of maintaining pressure on the Government of Pakistan to ensure free and fair elections, including through the deployment of an EU election observation mission to Pakistan. My right hon. Friend the Foreign Secretary intervened to encourage further thought within the EU on what it could do to support Pakistan after the elections, including in the areas of institution building and economic development.

Middle East

The Council discussed the grave humanitarian situation in Gaza and events on the Egyptian border. Foreign Ministers emphasised the EU’s commitment to helping Israel, the Palestinian Authority and Egypt
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find a solution to the current situation. The Council highlighted the EU’s readiness to contribute to a peaceful solution, including through the resumption of the EU’s border monitoring mission at Rafah.

The Council adopted conclusions encouraging the parties to honour their road map commitments, particularly on Israeli settlements and on Palestinian security, and welcoming the achievements of the Paris donors’ conference.

The Council adopted conclusions on Lebanon condemning the recent terrorist attacks in Beirut and welcoming mediation efforts by the Arab League in resolving the political crisis.


The Council discussed the latest situation in Kenya following recent presidential elections. My right hon. Friend the Foreign Secretary intervened to underline the seriousness of developments in Kenya and urge continued EU support for the African Union and Kofi Annan in their efforts to help Kenya’s political leaders reach agreement on resolving the crisis.

The Council adopted conclusions condemning the violence, expressing concern about the seriousness of the humanitarian situation in Kenya and urging all parties to engage constructively in dialogue to find a sustainable political solution to the crisis.

Sudan/Darfur, Chad and the Central African Republic (CAR)

UN envoy to the Darfur political process Jan Eliasson briefed the Council on the humanitarian and political situation in Darfur. He underlined that it was important the international community urged all parties to cease hostilities and engage in the peace process. In discussion, Foreign Ministers highlighted the need for continued EU pressure on the Government of Sudan to co-operate fully with the prompt deployment of an effective African Union-UN peacekeeping force to Darfur and to implement the comprehensive peace agreement as the basis for peace and development in Sudan.

The Council adopted conclusions on Sudan welcoming the return of the parties to the comprehensive peace agreement to the Government of national unity. The Council also highlighted the importance of humanitarian access to the people of Darfur, urging all parties in the conflict to cease hostilities, and to engage constructively with the peace process mediated by the UN and African Union envoys.

The Council also underlined its concern at the deterioration of the security situation in neighbouring Chad and agreed to launch an EU military operation in Chad and the CAR, which will contribute towards an improved security situation in those countries by protecting displaced persons and facilitating the delivery of humanitarian aid.


The High Representative for the Common Foreign and Security Policy Javier Solana briefed the Council on his recent contact with the Iranian authorities and on the decision by the E3+3 (Germany, France, UK, China, Russia and the US) to start consultations in New York on a further sanctions resolution given the lack of Iranian co-operation. The Government support discussion of a further resolution in New York, given
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the lack of progress and strengthening of the EU’s measures in support of action by the UN Security Council.

Western Balkans

Discussion of the Western Balkans focused on Serbia. Foreign Ministers agreed to invite Serbia to sign a political agreement on co-operation with the EU and establish a taskforce to assist Serbia to meet the conditions which would enable it to make accelerated progress towards a stabilisation and association agreement. The Government support this political agreement, believing it sends a positive signal of the EU’s commitment to Serbia’s European future.

Leader of the House

Scrutiny of European Business

The Deputy Leader of the House of Commons (Helen Goodman): During the debate in the House on 25 October 2007 on the motion to renew the present method of appointment of European Standing Committees, the Government undertook to come back to the House with proposals for reform of European scrutiny within three months of the start of the current session. The Government have now tabled a motion proposing changes to the Standing Orders, with a number of related proposals. These reflect consultations across the House in recent months and also take into account the second report of the Select Committee on the Modernisation of the House of 2004-05 Scrutiny of European Business (HC paper 465, session 2004-05). Discussions have been held in particular with: the shadow Leader of the House; the hon. Member for North Southwark and Bermondsey (Simon Hughes); the Chairmen of the European Scrutiny, Liaison and Procedure Committees; the Chairman of the Foreign Affairs Select Committee; the Chairman of Ways and Means; and the Chairman of the European Union Committee in the House of Lords as well as a number of hon. and right hon. Back-Bench Members of the House, and Members of the European Parliament.

The present scrutiny system is based on the work of the European Scrutiny Committee in referring selected documents for debate by European Standing Committees, in the context of the House’s scrutiny reserve resolution. This delivers real benefits to the House. In particular it ensures that all documents are considered and the major ones are debated. However, improvements are needed to make those debates more constructive and to ensure that Members are able to focus their work in areas where they have an interest and expertise to offer.

The Government’s proposals accordingly build on the present system but seek to make the operation of the European Standing Committees —to be renamed European Committees—more effective. The Government proposes improvements:

In addition, the Government proposes:

The Government are also grateful to Mr Speaker for authorising the inclusion in the ‘Future Business’ section of the daily Order Paper of a list of forthcoming documents and motions for debate in European Committees following referral from the European Scrutiny Committee.

Taken together, the Government considers that the measures should be a positive step forward in helping Members to engage more effectively in scrutinising those proposals originating in the European Union which are significant and which it is important for this House to examine carefully.

Home Department

Independent Police Complaints Commission: Oversight of Border and Immigration Agency

The Minister for Borders and Immigration (Mr. Liam Byrne): The Government are soon to introduce a single border force to deliver stronger policing of ports and airports. Along with these changes we will be equipping agency staff with a wide array of police powers, such as those set out in the UK Borders Act. These powers include powers of detention at ports, powers to arrest a person who has committed or is about to commit an offence of assaulting an immigration officer, and powers to enter and search premises for evidence of an arrested individual’s nationality.

Before these powers are introduced it is important that effective oversight arrangements are in place. On the 26 July 2007 therefore, I announced the publication of a consultation document on matters related to the implementation of measures in the Police and Justice Act 2006 to extend the Independent Police Complaints Commission’s jurisdiction to cover the Border and Immigration Agency’s enforcement functions. I wish to inform the House that I am publishing today an analysis of responses, a Government policy statement setting out the Government’s consideration of issues raised by respondents and regulations, subject to negative resolution, which will extend the Independent Police Complaints Commission’s jurisdiction in this regard.

Copies of these regulations and documents have been placed in the House Library.

The IPCC will provide independent oversight of the most serious complaints, incidents and misconduct matters where police powers are used by immigration officers and officials. This oversight will be similar to that which the IPCC provides for the police and other law enforcement bodies such as Her Majesty’s Revenue and Customs and the Serious Organised Crime Agency.

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The new chief inspector created by the UK Borders Act 2007 will monitor the efficiency and effectiveness of the agency’s processes and practices as a whole. The IPCC will look at individual cases. The chief inspector will work closely with the IPCC to ensure comprehensive independent external scrutiny of our activities.

The IPCC already oversees the work of HM Revenue and Customs colleagues; a number of whom will be joining the UK Border Agency.

I welcome this new oversight and would like to inform the House that similar oversight provisions are currently being developed for Scotland and Northern Ireland.

Justice and Home Affairs Informal Council 25 and 26 January 2008

The Parliamentary Under-Secretary of State for the Home Department (Meg Hillier): The Justice and Home Affairs Informal Council was held on 25 and 26 January 2008 in Ljubljana. My right hon. and noble Friend the Attorney-General, the Under-Secretary of State for Justice, my hon. Friend the Member for Liverpool, Garston (Maria Eagle) and I attended on behalf of the United Kingdom. Since it was an informal Council, no formal decisions were taken. The following main issues were discussed:

The first Home Affairs session opened with a report from the presidency on the work of the Future Group on EU Home Affairs. Those not on the group were invited to give their views. All supported the work underway, stressing the need to prioritise data-sharing, both within the EU and co-operation with third countries. In relation to other subject areas, there were suggestions that work might look at the further harmonisation of rules to manage the Schengen area, tighter border controls, measures to bring terrorists to justice and the strengthening of action in the area of civil protection and disaster response. Several delegations also raised the need to ensure that the work of the home affairs group and that of the justice future group were linked more closely. The new European Parliament’s civil liberties, Justice and Home Affairs (LIBE) President, Gérard Deprez, gave a general introduction to the approach of LIBE, stressing their concern for privacy and individual rights.

The presidency concluded that interoperability of databases and the needs of law enforcement should drive future EU policy on data-sharing, coupled with thorough data protection. On migration, an integrated approach to management was needed based on Frontex (the EU’s border agency), operating across land and sea borders. Links with external policy should be stronger, as should data-sharing, and work with and in third countries. In all these areas the EU should analyse what it already had, and then look at the next steps. The presidency noted that a final report should be prepared under the incoming French presidency, with a view to contributing to the successor to the Hague JHA work programme.

The second session discussed practical co-operation in the field of asylum, with the presidency stressing the need for joint practical projects and asking for views on a European Support Office (ESO) which would oversee
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all forms of co-operation between member states on the Common European Asylum System. The UK welcomed practical co-operation based on an assessment of why people moved. The Commission said that its proposals on the second stage of the Common European Asylum System were due in July and work on an ESO should start with a feasibility study. All member states agreed that practical cooperation should be strengthened, and that there was a need for more uniform country of origin information. All member states also supported the ESO, but views differed as to its role and staffing. The presidency concluded that work to unify the interpretation of existing instruments, common training, and shared interpretation pool should continue. There was wide support for an ESO, but further work was needed on its tasks and financing. The presidency looked forward to the Commission’s ESO study. The Council would be invited to agree conclusions on this at a future session.

The home affairs session closed the official programme with a working lunch, during which Ministers considered the timetable for the implementation of the second generation of the Schengen information system (SIS II). The Commission and presidency argued that member states had to set and commit to a real timetable for SIS II. More time for testing was needed, but a formal decision had to be taken at the February JHA Council. Ministers agreed with a presidency proposal to remodel the oversight of the SIS II project on similar grounds to that used for SISOne4all, setting up a ministerial level steering group of various member states.


Civil Justice Council Review

The Parliamentary Under-Secretary of State for Justice (Bridget Prentice): I am today announcing an independent review of the Civil Justice Council in line with Cabinet Office “Guidance for Public Bodies”. The
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Civil Justice Council was established in 1998 and has never been reviewed formally. The review is a timely opportunity to illustrate publicly the considerable achievements of the Council and to help it develop further. The review will be conducted by Dr. Jonathan Spencer CB and will seek the views of the members, those who work with the Council and the end users of the Civil Justice System.

The review will examine in particular:

The review is due to be complete in spring 2008.

Prime Minister

Government Skills

The Prime Minister (Mr. Gordon Brown): With effect from 1 April 2008, responsibility for Government Skills will be transferred from the Cabinet Office to the Department of Innovation, Universities and Skills.

Government Skills is the Sector Skills Council tasked with working with central Government Departments and the armed forces to increase the skills of the workforce. With the creation of the Department of Innovation, Universities and Skills this move will improve alignment with economy-wide skills policy.

Government Skills will continue to work closely with the devolved Administrations and with the Cabinet Office. No transfer of functions order is necessary to effect the change.

I have today placed in the Libraries of both Houses a paper by the Cabinet Office which sets out the reasons for this change in further detail.

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