12 Protecting people and critical
infrastructure against terrorist attacks
| (35286)
13173/13
COM(13) 580
| Draft Council Decision on the repeal of Decision 2007/124/EC, Euratom
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| Legal base | Articles 352 TFEU and 203 Euratom; unanimity; EP consent
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| Department | Home Office
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| Basis of consideration | Minister's letter of 8 November 2013
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| Previous Committee Report | HC 83-xvi (2013-14), chapter 11 (9 October 2013)
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| Discussion in Council | No date set
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| Committee's assessment | Legally important
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| Committee's decision | Not cleared; further information requested
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Background and previous scrutiny
12.1 The purpose of the draft Council Decision is to repeal
Decision 2007/124/EC, Euratom ("the 2007 Decision")
which established a specific EU funding programme for the period
2007-13 to protect people and critical infrastructure against
terrorist attacks and other security-related incidents. The repeal
is intended to take effect on 1 January 2014, the date on which
a new EU Internal Security Fund is expected to come into force.
This Fund includes a dedicated instrument to support police cooperation,
action to prevent and combat crime, and crisis management, and
will continue many of the activities foreseen under the 2007 Decision,
including the protection of people and critical infrastructure
and the management of security-related risks and crises. The
Government decided not to opt into the police component of the
Internal Security Fund but may seek to do so once it has been
adopted. Our Seventeenth Report of 9 October 2013 provides further
information on the legal base for the draft Council Decision and
the Government's position.
12.2 Whilst recognising that the content and
purpose of the draft Council Decision appeared unobjectionable,
we expressed concern that the Explanatory Memorandum provided
by the Minister for Security (James Brokenshire) made no reference
to the domestic legal requirements arising under section 8 of
the European Union Act 2011 which are intended to ensure a form
of enhanced Parliamentary scrutiny of EU measures based on Article
352 of the Treaty on the Functioning of the European Union (TFEU).
We asked the Minister to explain how the Government intends
to fulfil the requirements of section 8 of the 2011 Act. We also
noted the Minister's view that the repeal of the 2007 Decision
would have "no policy implications" for the UK and that
the police component of the Internal Security Fund would provide
"an alternative funding programme". Given that this
alternative funding would only be available to the UK if it were
to opt into the police component of the Internal Security Fund
after its adoption, we asked the Minister to clarify the Government's
intentions regarding participation in this Fund.
The Minister's letter of 8 November 2013
12.3 The Minister (James Brokenshire) apologies
for his oversight in omitting any reference to the 2011 Act, adding:
12.4 "As you are aware, section 8(6) of
the EU Act provides that an Act of Parliament is not required
to agree such a measure where one or more exemption conditions
are satisfied. We are assessing the text to determine whether
it would require an Act of Parliament or whether it falls within
one or more of the exemption conditions. I shall write again
once we have reached a view against a final or near final text."
12.5 Turning to UK participation in the police
component of the Internal Security Fund, the Minister notes that
negotiations involving the Council and European Parliament are
continuing and that no agreement has yet been reached. He continues:
12.6 "The latest information is that whilst
an agreement in principle might be possible by the end of 2013,
the text will not now be formally adopted until early in 2014."
12.7 He refers us to a letter dated 15 October
2013 from the Minister for Immigration (Mr Mark Harper) which
simply restates the Government's commitment to review participation
in the police component of the Internal Security Fund after its
adoption.
Conclusion
12.8 Before clearing the draft Council Decision
from scrutiny, we wish to have a clear indication of the Government's
position on the requirements of section 8 of the European Union
Act and, in particular, whether an Act of Parliament will be necessary
before the Government may vote in favour of the draft Decision
in the Council of Ministers. We look forward to receiving further
information on the outcome of the Government's assessment of the
legal position. Meanwhile, the draft Decision remains under scrutiny.
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