1 Subsidiarity and Proportionality and
the Commission's Relations with National Parliaments
| Committee's assessment
| (a) Legally and politically important
(b) Politically important
|
| Committee's decision | (a) and (b) Not cleared from scrutiny; recommended for debate on the floor of the House (decision reported 15 October 2014)
|
| Document details | (a) 2013 Annual Report from the Commission on Subsidiarity and Proportionality (b) 2013 Annual Report from the Commission on relations between the Commission and National Parliaments
|
| Legal base | —
|
| Department | Foreign and Commonwealth Office
|
| Document numbers | (a) (36283), 12424/14, COM(14) 506
(b) (36269), 12425/14, COM(14) 507
|
Summary and Committee's conclusions
1.1 The Commission Report on subsidiarity and proportionality
provides a factual overview of how the principles of subsidiarity
and proportionality have been applied in 2013 and how the practice
in applying this principle has evolved. It summarises the activities
of various EU bodies and national parliaments and examines the
application of the principle of subsidiarity in respect of three
controversial proposals.
1.2 The Commission Report on relations with national parliaments
also provides an factual overview of the Commission's relations
with national parliaments in 2013. By focussing on the informal
"political dialogue" between the Commission and national
parliaments it complements the report on subsidiarity and proportionality
which focusses on the formal subsidiarity reasoned opinion mechanism.
1.3 In its Report of 15 October 2014 the Committee recommended
these matters for debate on the floor of the House in view of
the fundamental importance of the role of national parliaments,
not only in scrutinising EU legislation for compliance with the
principles of subsidiarity and proportionality but also more generally,
in providing democratic legitimacy for the EU. In particular
such a debate would provide an opportunity for the House to debate
not only the specifics of the reports but also the wider context
(including specific and concrete proposals originating from various
sources aimed at addressing the "democratic deficit")
and pertinent recommendations in the Committee's Report on Reforming
the Scrutiny System in the House of Commons.[1]
1.4 The Minister for Europe (Mr David Lidington) now informs the
Committee that he considers debate in Committee would provide
the most appropriate means of scrutinising these documents and
that he has asked his officials to work with business Managers
to arrange a debate in European Committee at the earliest opportunity.
1.5 We reject the Government's decision, and consider this
a breach of the Government's commitment to "strengthening
its engagement with Parliament on all European Union business
as part of our wider work to reduce the democratic deficit over
EU matters".[2]
1.6 We do not accept the reasons given by the Minister, that
"a debate in Committee would provide the most appropriate
means of scrutinising these documents, as was the case with the
debate on the 2012 reports". We recall that the decision
to hold the debates on the 2012 reports was taken in the face
of the recommendation from this this Committee for debate on the
floor of the House. Developments since then make it even more
important to debate the current reports on the floor of the House.
Full details of
the documents: (a) Commission
Report: Annual Report 2013 on Subsidiarity and Proportionality:
(36283), 12424/14, COM(14) 506; (b) Commission Report: Annual
Report 2013 on relations between the European Commission and National
Parliaments: (36269), 12425/14, COM(14) 507.
The Minister's letter of 14 January 2015
1.7 The Minister indicates that he has carefully
considered the arguments for the debate on these reports to take
place on the floor of the House and continues:
"I still believe that a debate in Committee
would provide the most appropriate means of scrutinising these
documents, as was the case with the debate on the 2012 reports,
allowing for a longer and more structured debate. I have asked
my officials to work with Business Managers to arrange a date
for a debate in Committee at the earliest possible opportunity."
Previous Committee Reports
Thirteenth Report HC 219-xiii, chapter 2 and chapter
3 (15 October 2014); and see, in respect of the 2012 Report (35242),
—: Twenty-ninth Report HC 83-xxvi (2013-14), chapter 2,
(8 January 2014); Twenty-eighth Report HC 83-xxv (2013-14), chapter
2, (18 December 2013); Twenty-Second Report HC 83-xx (2013-14),
chapter 5, (6 November 2013).
1 See Twenty-fourth Report HC 109-I (2013-4), (20 November
2013). Back
2
Written Ministerial Statement of the Minister for Europe (Mr David
Lidington) of 20 January 2011, Hansard
col. 52 WS. Back
| 
