21 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 22 January 2014
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| Previous Committee Reports
| HC 83-xxi (2013-14), chapter 12 (20 November 2013); 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
| Cleared |
Background and previous scrutiny
21.1 The draft Council Decision would
repeal a 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 was 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 — now expected to be in early
2014. Our Seventeenth Report of 9 October 2013 provides further
information on the legal base for the draft Council Decision and
the Government's position.
21.2 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)
— the legal base for this draft Decision. The Minister
subsequently confirmed that section 8 of the Act applied in this
case and that the Government was undertaking its own assessment
of the draft Decision to determine whether an Act of Parliament
would be required prior to its formal approval by the Council,
or whether one of the exemptions set out in section 8(6) of the
Act applied.[97]
The Minister's letter of 22 January 2014
21.3 The Minister describes the outcome
of the Government's assessment of the legal position:
"I am able to confirm that
an Act of Parliament will be necessary, as I do not consider that
the instrument must be passed as a matter of urgency and none
of the exempt conditions in section 8(6) of the EU Act are met
in relation to the instrument. I will take this forward through
the usual channels."
Conclusion
21.4 We thank the Minister for his
letter. We agree with his conclusion that the draft Decision
does not qualify as an urgent measure under section 8(4) of the
European Union Act 2011, or fall within any of the exempt purposes
set out in section 8(6) of that Act, and that an Act of Parliament
will therefore be necessary before the Government may vote in
favour of the draft Decision in the Council. We have no further
grounds for holding the draft Decision under scrutiny and agree
to clear it.
97 See letter of 8 November 2013 from the Minister
for Security (James Brokenshire), reported in our Twenty-third
Report (2013-14) HC 83-xxi, dated 20 November 2013, chapter 12. Back
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