Scrutiny of Documents
Chairman: We are in public session.
A Briefs
A1 The Common Aviation Area (30019)
A1 is to report progress on developing a Common
Aviation Area concept. The recommendation is that we clear it.
I take silence as assent. Agreed
A2 Equal treatment of men and women in
self-employment (30021)
A2 is to modernise and extend the EC legislation
on the equal treatment of men and women in self-employment. The
recommendation is that we do not clear and request further information,
as per the draft chapter attached. Agreed
A3 Rights of people with disabilities
(30110)
A3 is to authorise the accession of the EC to
the UN Convention on the Rights of Persons with Disabilities and
its accession to the Optional Protocol to the Convention. The
recommendation is that we do not clear and await further information,
as in the draft chapter. Agreed
A4 2009 General Budget (29943)(30089)
(30181)
A4 is on the 2009 General Budget. To present
the Council's Draft Budget for 2009 and amendments to the Commission's
Preliminary Draft Budget. The recommendation is that we clear;
document (a) has already been cleared. Agreed
A5 Rare diseases (30171) (30172)
A5 is to set out the EC strategy to improve
the identification, prevention, diagnosis and treatment of rare
diseases and propose a draft Recommendation to Member States on
action to support the strategy. The recommendation is that we
do not clear and we ask for further information. I would draw
people's attention to paragraph 13 of the draft report, which
I think is a very good analysis because it does say that the Government
"... would resist the inclusion in the Recommendation of
provision to harmonise rights of access to therapy in Member States
because it would unacceptably affect the autonomy of the devolved
administrations and Primary Care Trusts in England to decide local
funding policies and priorities." That shows they are getting
the message. Agreed
A6 Trafficking in human beings (30067)
A6 is to provide an overview of action by Member
States, the Commission and others to counter trafficking in human
beings and to suggest priorities for action in the short term.
The recommendation is that we clear it, and that we also send
this to the Home Affairs Select Committee. Agreed
A7 Food prices and the developing countries
(29865)
A7 is the facility for rapid response to soaring
food prices in developing countries. The recommendation is that
we clear and we forward it, also, to the International Development
Select Committee, and that we ask for further information in a
year's time. Agreed
A8 Effectiveness of technical assistance
in institutional capacity building (29191)
A8 is to determine the extent to which the Commission
ensures that technical assistance contributes to institutional
capacity development in partner countries. The recommendation
is that this is politically important, to report further information
to the House, and forward also to the International Development
Select Committee and ask for further information in a year's time.
Agreed
A9 Enlargement strategy (30149) (30151)
(30152) (30153) (30154) (30155) (30156) (30159) (30160)
A9 is to analyse and summarise achievements
and setbacks in 2008 on the enlargement strategy and make recommendations
for enlargement policy in 2009. The recommendation is that we
recommend this for debate in the European Committee, together
with the latest Commission reports on the management of EU funds
in Bulgaria and on progress in Bulgaria and Romania under the
Co-operation and Verification Mechanism. Agreed
A10 Protection of animals used in experiments
(30157)
A10 is to harmonise the way Member States regulate
the use of animals for experiments so as to improve the operation
of the internal market and strengthen the protection of animals.
The recommendation is that we send this for debate in the European
Committee. Agreed
A11 EU-Russia relations (30107) (30108)
A11 is to review EU-Russia relations. The recommendation
is that we send this to the floor of the House for a debate, and
if we do not get to the floor the debate will be taken in the
European Committee. You have expressed an interest on that issue,
Mr Hill? Should it not get to the floor for debate it is, obviously,
important for the European Committee.
Keith Hill: If it does go to the European
Committee then I would be perfectly happy to act as Rapporteur
on behalf of the Committee.
Angus Robertson: Can I just ask a question,
Mr Chairman? It is impossible for us to predict whether it is
a matter that will be accepted for debate on the floor of the
House, but I am seeking your guidance to best understand how we
could impress on the authorities that would make such a decision
that we do think that this is a matter best debated on the floor
of the House. There are a great many people who, for different
reasons, have an interest in relations between Russia and the
EU and its Member States, and although things are often debated
in great detail and discussed with the importance that they deserve
in European Committees I think this is much better served by a
debate on the floor of the House. I do not know what advice you
could give us as to how we can impress on authorities that they
should look at that proposal kindly.
Chairman: I think it might be useful
if we could combine our efforts with those of other committees
with a similar interest. I believe the Defence Committee has some
interest in this topic as well.
Mr Borrow: Yes. Certainly the Defence
Committee has recently done a study into the future of NATO and
is looking in terms of relationships with Russia as part of its
inquiry in the New Year, so this could fit in.
Chairman: I would imagine, similarly,
the Foreign Affairs Committee would have a similar interest, and
it might be useful if we had a chat with the various chairs to
see if we can muster some forces from other committees.
Angus Robertson: We will leave that with
you.
Richard Younger-Ross: You have just given
your hand away!
Chairman: I am hoping the Whips and the
House authorities will read it. Agreed
A12 Repeal of anti-dumping duties on
Norwegian farmed salmon (29770)
A12 is to repeal the anti-dumping duties imposed
on Norwegian farmed salmon in 2006. The recommendation is that
we do not clear; further information is awaited and the draft
chapter is attached. Agreed
A13 The economic crisis (30213)
A13 is to propose an economic recovery plan.
This is the document we anticipated, and the recommendation is
that this will go to debate on the floor of the House, together
with one other document and two tagged documents so far in the
bundle. Agreed
A14 Surface contamination of poultry
(30113)
A14 is to approve the use of four antimicrobial
agents to remove surface contamination of poultry. The recommendation
is that we clear this. We do, in fact, await further information
also. Agreed
A15 Fisheries: Total allowable catches
and quotas for 2009 (30161)
A15 is to set the total allowable catches and
national catch quotas for Community fishing vessels in 2009. The
recommendation is this is for debate in the European Committee.
Angus Robertson: I think it is helpful,
for the record, perhaps, Mr Chairman, that this is recommended
for debate because it comes after the Fisheries Council where
the decisions are made, and it is the first opportunity that Members
have of being able to question Government Ministers about those
important discussions at the Council. That is the reason why it
is going forward for debate.
Chairman: I totally agree, and I think
it will be taken seriously. Agreed
A16 West of Scotland herring conservation
plan (29678)
A16 is to establish a multi-annual recovery
plan for West of Scotland herring. The recommendation is this
is not cleared and further information is awaited. Again, I anticipate
that we might want, as a Committee, to consider a debate on this
issue when it is clarified how they intend to carry that out.
Agreed
A17 Serious infringements of the CFP
in 2006 (30143)
A17 is to report on serious infringements of
the Common Fisheries Policy in 2006. I would recommend that this
matter is tagged to the debate on the total allowable catches
as another relevant topic, and it will be of interest to Members
of the House. Agreed
A18 Serbia: Stabilisation and Association
Agreement (29213) (29214)
A18 is to obtain Council approval to the text
of the Stabilisation and Association Agreement and "to engage
the procedures" for the signature and final conclusion of
the Agreement. The recommendation is to make a further report
to the House. Mr Hands?
Mr Hands: I want to put on the record,
having been the Rapporteur at the European Committee debate on
29 April and having listened very, very carefully—it was
a very good debate—just disappointment that the Minister
appears to have gone ahead in substantially loosening the requirements
the EU had set in relation to the Serbia joint Stabilisation and
Association Agreement and, also, just to put on the record my
extreme concern about some of her use of language: "may need
to override scrutiny" and that "we will endeavour to
keep the Committee up to speed as the debate unfolds"—which
strikes me as being extremely unhelpful from the new Minister
and her approach to this Committee.
Keith Hill: Mr Chairman, I think that
is a little overstated. It seems to me perfectly normal for Ministers
to give warning to the Committee that scrutiny may have to be
overridden, and that seems to me a fairly usual expression. As
to Mr Hands taking such exception to the phrase "keeping
the Committee up to speed", well, obviously, in Fulham and
Hammersmith they do not recur to such demotic phrases, but it
seems to me a perfectly straightforward and reasonable expression
to use. I just want to put it on the record that I do not think
the Committee as a whole is quite as outraged as Mr Hands appears
to be at the Minister's use of language, and certainly do not
take it to be indicative of any broader attitude on her part towards
the Committee.
Chairman: I think everyone must have
their own view until we have the Minister here and clarify the
matter. She is coming before the Committee on 4 February, and
I think this is a very valid topic to raise with her—whether
her attitude is one of being dismissive or whether it is one of
putting some realism on the record as to what she faces as a Minister.
We do hold our scrutiny reserve, quite rightly, at very high value
and it should not be dismissed by a Minister on the basis of convenience
when another arrangement could be made to allow scrutiny to take
place. That has always been the policy of this Committee—and
hopefully always will be.
Keith Hill: Am I not right in thinking,
Mr Chairman, that from time to time Ministers do give such warning?
Chairman: Under scrutiny reserve there
is allowance for emergencies to occur, yes.
Angus Robertson: It is also fair, for
the record, to point out that we are rarely convinced by the explanations
of overriding the scrutiny reserve, and often bring Government
Ministers before this Committee to account for them having done
so. We do take it very seriously, and while it is nice to have
advance warning we would also want to be convinced of the merits
of the case of overriding the scrutiny reserve.
Chairman: We will find out on 4 February,
when the Minister is here. Agreed
A19 Social security (27262)
A19 is to propose a regulation to implement
the 2004 Regulation on the co-ordination of social security for
workers and other insured people moving within the EC, and the
recommendation is to clear. Agreed
A20 Breach of Cotonou Agreement by Republic
of Guinea (26227) (29544)
A20 is to authorise the Commission to write
to the Government of Guinea, informing them that the consultations
under Article 96 are now concluded. This is a further report to
the House and we also ask for fuller information at the next situation
report. Agreed.
B Briefs
Turning to B briefs, which are of insufficient
legal or political importance to warrant a substantive report
to the House, the recommendation on all is to clear and I take
silence as assent, if I go through the numbers.
B1 Vehicle type approval (30164) Agreed
B2 Economic Partnership Agreements (EPA)
(30158) Agreed
B3 Health and Safety at work (30163)
Agreed
B4 Air services agreement (30105) Agreed
B5 Statistics (30111) Agreed
B6 Statistics (30088) Agreed
B7 Non-discrimination and equal opportunities
(29830) Agreed
B8 2007 annual accounts of the European
Police College (30133) Agreed
B9 Telemedicine (30148) Agreed
B10 University modernisation (30114)
Agreed
B11 Schengen Information System (30204)
Agreed
B12 Visa Information System (30183) Agreed
B13 Research & Development (30211)
Agreed
B14 Contribution rate for pensions for
EC officials (30206) Agreed
B15 Pay and Pensions of EC officials
(30205) Agreed
B16 Access to public documents (30086)
Agreed
C Briefs
C1 Report on the annual accounts of the
European Network and Information Security Agency for the financial
year 2007 together with the Agency's replies (30128) Agreed
C2 Report on the annual accounts of the
European Foundation for the Improvement of Living and Working
Conditions for the financial year 2007 together with the Foundation's
replies (30129) Agreed
C3 Report on the annual accounts of the
Executive Agency for Competitiveness and Innovation for the financial
year 2007 together with the Agency's replies (30140) Agreed
C4 Accession of the Republic of Montenegro
to the World Trade Organisation (30236) Agreed
C5 Report on the annual accounts of the
Education, Audiovisual and Culture Executive for the financial
year 2007 together with the Agency's replies (30134) Agreed
C6 Report on the annual accounts of the
European Environment Agency for the financial year 2007 together
with the Agency's replies (30116) Agreed
C7 Report on the annual accounts of the
Community Fisheries Control Agency of the financial year 2007
together with the Agency's replies (30138) Agreed
C8 EC-Swiss Confederation Agreement on
trade in agricultural products (30147) Agreed
C9 Report on the annual accounts of the
European Food Safety Authority for the financial year 2007 together
with the Authority's replies (30126) Agreed
C10 Report on the annual accounts of
the Translation Centre for the Bodies of the European Union for
the financial year 2007 together with the Centre's replies (30123)
Agreed
C11 Report on the annual accounts of
the European Medicines Agency for the financial year 2007 together
with the Agency's replies (30118) Agreed
C12 Report on the annual accounts of
the European Monitoring Centre for Drugs and Drug Addiction for
the financial year 2007 together with the Centre's replies (30119)
Agreed
C13 Report on the annual accounts of
the European Centre for Disease Prevention and Control for the
financial year 2007 together with the Centre's replies (30130)
Agreed
C14 Report on the annual accounts of
the Executive Agency for Public Health Programme for the financial
year 2007 together with the Agency's replies (30139) Agreed
C15 Report on the annual accounts of
the Eurojust for the financial year 2007 together with the Eurojust's
replies (30127) Agreed
C16 Report on the annual accounts of
the European Agency for the management of Operational Co-operation
at the External Borders of the Member States for the financial
year 2007 together with the Agency's replies (30132) Agreed
C17 Report on the annual accounts of
the European Centre of the Development of Vocational Training
for the financial year 2007 together with the Centre's replies
(30115) Agreed
C18 Report on the annual accounts of
the European Training Foundation for the financial year 2007 together
with the Foundation's replies (30117) Agreed
C19 Report on the annual accounts of
the Office for Harmonisation in the Internal Market for the financial
year 2007 together with the Office's replies (30135) Agreed
C20 Report on the annual accounts of
the European Maritime Safety Agency for the financial year 2007
together with the Agency's replies (30124) Agreed
C21 Draft Council Directive on the Common
System of taxation applicable in different Member States (30150)
Agreed
C22 Applying measures on the common system
of value added tax in the Czech Republic and Germany (30221) Agreed
C23 Report on the annual accounts of
the European Agency for Safety and Health at Work for the financial
year 2007 together with the Agency's replies (30120) Agreed
Pre-Council Annotated Agenda
Employment, Social Policy, Health & Consumer
Affairs Council—5 December 2008
Transport, Telecommunications and Energy
Council—8 December 2008
Pre-Council Written Ministerial Statements
EU Energy Council—8 December 2008
General Affairs and External Relations Council—8
December 2008
EU Transport Council—9 December 2008
Post-Council Written Ministerial Statements
Agriculture and Fisheries Council—18-20
November 2008
Angus Robertson: The reports are very
helpful. It brings together all of the written answers that appear
in Hansard. Sometimes we might miss them, so it is useful
to be able to go through what has happened since the Committee
last met and remind ourselves what Ministers have been doing on
our behalf. It also notes which Ministers have been attending
on our behalf, and those are not just UK Government Ministers
but Ministers from the devolved Governments of Scotland, Wales
and Northern Ireland. One observation, in passing, is that of
the written answer from the Secretary of State for Environment,
Food and Rural Affairs, Hilary Benn, in his statement of 25 November
2008 which refers to his own ministerial title but overlooks that
of colleagues from Scotland, Northern Ireland and Wales. I think
it is just a courtesy to them that—as in a later answer
when describing the attendance at the Education, Youth and Culture
Council, which was attended by the Welsh Assembly Government Minister
for Heritage, Alun Ffred Jones—in future Defra should do
the same with colleagues from Scotland, Wales and Northern Ireland.
I think it would be helpful if the Clerk to the Committee might,
through the usual channels, communicate with that department that
it would be courteous to them and, also, courteous to Members
of this Committee that we might know who these Ministers are,
for those who do not already.
Mr Hands: I was interested in these for
a slightly different reason.
Chairman: Can we stick to this point
first, if you do not mind, and deal with that and then we will
come back to the question at the end. It may be something to do
with Secretaries of State, but I note that the Secretary of State
is the person representing the UK and does not even give his own
Minister's title, but I notice that when it is the Under-Secretary
of State for Culture, Media and Sport she affords proper respect
to her counterpart from the Welsh Assembly. I do know that both
the Secretary of State and the previous Minister of State who
dealt with fishing always paid due respect to the work of Richard
Lochhead. I think they worked very well together, and he spoke
to Richard on a number of occasions. I think 95% of all fisheries
has actually been the responsibility of devolved administrations
in the UK, because of the Riparian duties of those assemblies
and parliaments that they should be mentioned.
Education, Youth and Culture Council—20-21
November 2008
Mr Hands: Just on the Education, Youth
and Culture Council, this may be a situation that has been pertaining
for some time but I was not aware of it: the Welsh Assembly Government
Minister for Heritage, Alun Ffred Jones represented the UK for
the Culture, Audiovisual agenda items taken on the morning of
20 November. Does that happen, do we know, rather a lot where
a devolved Assembly Government Minister is representing the UK
even though they themselves are only the Government Minister for
Wales?
Angus Robertson: I may be able to help
you out because I fear, or I am pleased to confirm, that I am
probably the only MP whose office actually tracks this particular
subject, and there have been past cases, to my knowledge only,
that in this particular Council formation—that is Education,
Youth and Culture—a Minister from a devolved administration
has represented the UK as a whole. That is something I welcome,
of course; I think it is a good development but it does raise
questions should Members of this House wish to question Ministers
from other governments who report to other Parliaments elsewhere
in the UK, but that is just a reverse of the situation at present.
I do not think UK Government Ministers ever report to the Scottish
Parliament about what they are doing.
Chairman: I am aware that these are public
documents which are placed in the library and they are subject
to public scrutiny out-with even this Committee.
Mr Hands: Can I just follow up on that,
Mr Chairman, because I am concerned about this. I realise this
may not be the best place to pursue this but I am concerned that
somebody from the Welsh Assembly is representing the United Kingdom
at an EU meeting. However, I must say, I am further concerned,
given the document Mr Robertson referred to earlier, that I believe
this gentleman, Conor Murphy, who was also at this Council—am
I right in thinking that he is the same Conor Murphy who is a
Sinn Fein Member of Parliament? Is it not, therefore, impossible,
Mr Chairman, for the United Kingdom to be represented by a Sinn
Fein Minister at this Education, Youth and Culture Council—as
I believe in Northern Ireland is it not Sinn Fein that has that
portfolio? I am wondering if Members agree with me that it would
be a disgraceful situation in which the United Kingdom is being
represented by a Minister of Sinn Fein at an EU meeting? It would
be an absolutely appalling situation.
Chairman: I would have thought that,
for all of us, it would be a very welcome innovation to have,
actually, an organisation that was brought into the peace process
and is fundamental, obviously, to maintaining that peace, was
supported by the previous—
Mr Hands: But representing the United
Kingdom?
Chairman: The fact is, in these matters,
I am informed that, legally, Her Majesty's Government is able
to choose whomsoever it wishes from the delegation to represent
it. I do note, with some pleasure, that the UK intervened in Welsh
to show support for the multilingual agenda. That, of course,
is in line with policies. I have no fear on this because it is
under the control of the UK Government to choose whomsoever it
wishes to represent it. Mr Clappison wants to come in. You seem
to have hit a hot spot here.
Mr Clappison: Just as a point of clarification:
can we ask if the Welsh Assembly Government Minister was being
briefed or assisted by the United Kingdom civil servants? We need
to know this.
Angus Robertson: Yes. Do not worry about
that.
Chairman: I presume the delegation would
have a UK delegation position, and that is the position in fisheries
and others. It is a similar co-operation. I certainly welcome
it. I do not share Mr Hands' concern about these matters.
Mr Hands: I am sorry, Chairman, but I
am extremely concerned.
Richard Younger-Ross: Chairman, on the
basis that it is feasible to ask the question, as put very clearly
by Mr Clappison, about how those leading the delegation are briefed—and
I think it is a reasonable question—and if we take Mr Robertson's
word that this is all done in clear knowledge, I take his word
it is done how I would expect it to be. However, what the official
record will not show is the tone of voice used by Mr Hands in
discussing Sinn Fein. It struck me, in what he was saying, that
this was in particular regard to a person who is an official of
the devolved power within the United Kingdom—
Angus Robertson: He is a Government Minister.
Richard Younger-Ross: It was done in
such a way that I just wonder whether Mr Hands would use the same
tone of voice if it had been an official Unionist Minister representing
in the same way.
Mr Hands: No, I do not think I would
have done. My concerns are two-fold: first of all, that I do not
believe it is right for devolved administrations in the United
Kingdom to be representing the United Kingdom at EU meetings.
Secondly, I have particular concern about Sinn Fein Ministers
representing the United Kingdom at a European Union meeting—absolutely.
Chairman: The point, quite frankly, is
that these are UK Government negotiations in which we give due
respect to the devolved jurisdictions in those negotiations and
speak for a UK brief. That is what they are there for. The UK
civil servants will help the UK delegation regardless of how Her
Majesty's Government chooses to make that up, and that should
always be the case. I have no fears on these matters, nor I believe
does the Prime Minister. That was the Education, Youth and Culture
Council.
EU Education Council—21 November 2008
Economic and Financial Affairs Council—25
November 2008
EU Telecoms Council—27 November 2008
Justice and Home Affairs Council—27-28
November 2008
Competitiveness Council—1 December
2008
Are there any other questions? The meeting is
closed. Thank you.
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