APPENDIX 2: SUPPLEMENTARY MEMORANDUM FROM
THE MINISTER OF EUROPE
During my evidence session on Thursday 12 July, I
promised to write on the following issues.
Charter of Fundamental Rights
Lord Maclennan of Rogart asked about the relationship
between the proposed new Article 6(1) of the Treaty on the European
Union (TEU) (which introduces the Charter), the Protocol on the
Charter and the Article 6(3) (which in substance reproduces Article
6(2) of the current TEU, on the place of fundamental rights in
Union law). The text of the new Article 6 is in Annex 1, paragraph
5, of the IGC Mandate. The Protocol is set out in footnote 19
to that paragraph.
Article 6(1) will give legal force to the Charter
and explain how it is to be interpreted. The Protocol relates
to this part of Article 6 and to the Charter, and sets out how
the Charter will have effect in the UK. The provisions of Article
6(3), which reproduce existing Union law, are unaffected by the
Protocol. Union law about the effect of fundamental rights, such
as those contained in the ECHR, will continue to apply. This is
consistent with our view that the Charter reaffirms existing rights
and principles that are already recognised in Union and national
law, such as those found in the ECHR.
Extension of national parliaments' 'red card' to
cover any use of the Passerelles
The Committee noted that the Reform Treaty provides
a 'red card' for national parliaments in cases where the Passerelle
is used in family law. The Committee asked if the Government would
consider extending this 'red card' provision to cover any use
of the Passerelles.
While I take on board the Committee's comments, as
I set out at our evidence session, we would like to see a rapid
conclusion to the IGC. The IGC Mandate was agreed by the Governments
of all Member States. We would be very reluctant to reopen the
Mandate. As I am sure the Committee is aware, all Passerelles
are subject to unanimity. We are content that this is a sufficient
safeguard.
Yellow/Orange Cards
The Committee asked whether the 'orange card' set
out in the IGC Mandate replaced or was in addition to the Constitutional
Treaty 'yellow card' provision.
Our understanding is that the 'orange card' is in
addition to the 'yellow card'. However, there is some lack of
clarity on how the mandate provisions enhancing the role of national
parliaments will apply in practice. We shall seek early clarification
of this in the IGC and keep the Committee informed.
Jim Murphy MP
Minister for Europe
16 July 2007
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