The process so far
7. The IGC was presented with a clear and tight
mandate from the June European Council and thus its work has been
mainly technical, to ensure that a text is prepared that delivers
on the mandate (QQ 2, 36). Kim Darroch confirmed that
the mandate was, as intended by the Portuguese Presidency, by
and large being strictly adhered to although the European Council
could of course make changes by unanimity (Q 7).
8. Several witnesses commented that the giving
of such a precise mandate to an IGC was unusual (QQ 9, 74).
We recommend that the Government report to Parliament, after
the December European Council, on the implications, both in terms
of scrutiny and transparency and of effectiveness in agreeing
policy, of an IGC proceeding on the basis of such a tight mandate.
The report should also cover the implications for scrutiny of
how the mandate was drawn up and presented to the European Council.
9. Proceedings in the IGC have followed standard
practice whereby discussions are conducted behind closed doors.
The Government have, however, made texts promptly available
to Parliament as they have emerged, which we welcome.
10. On the other hand, the Government have not
yet formally presented a text to Parliament for scrutiny. While
this is understandable given the process so far, we recommend
that the text agreed at the Informal Summit on 18 October be formally
deposited in both Houses of Parliament, together with a full explanatory
memorandum by the Government. This would ensure that something
approaching a definitive text is available for scrutiny within
Parliament at the earliest opportunity.
11. We note the work done by the House of Commons
European Scrutiny Committee to compare a text against the now
defunct Constitutional Treaty. As that comparison was undertaken
by that Committee, we do not seek to replicate it here[5].
A consolidated text of the Treaties by Open Europe was also made
available to the Committee.
12. The Government must also have prepared a
range of explanatory material for its own use during the IGC as
well as in preparation for any bill to ratify the Reform Treaty.
The House would particularly benefit from the publication of a
comprehensive analysis of the text against existing EU Treaties.
Such analysis, presented as an official document by the Government,
would considerably inform and enhance scrutiny and debate in Parliament.
13. All Departments must by now be heavily engaged
in assessing the impact of proposed Treaty changes on policy in
their areas and the Government should begin to share the results
of this work with Parliament and more widely with the public.
14. The House would also benefit from a clear
statement of the extent of any change from the existing Treaties.
That statement should include a list of new areas of Union competence
(it could usefully distinguish competences that are truly new
from those where there has already been some Union activity) and
new institutional/procedural measures. Separate lists might show
where Union activity and institutional/procedural measures would
move from unanimity to QMV.
15. We accordingly recommend that, as soon
as possible, the Government deposit in Parliament a full and thorough
analysis of the changes which the Reform Treaty, on the basis
of existing texts, would bring about, drawing attention to differences
from existing Treaty provisions. This should include both a consolidated
version of the Treaties as amended by the Reform Treaty and an
in-depth policy analysis of the effect of the changes. We expect
that all Departments would be involved in the preparation of this
material.
16. We acknowledge that only the final text,
which is expected to be signed in the December European Council,
presented for ratification will be the text on which Parliament
is asked to give its opinion by way of any ratification bill.
However, Parliament can, in the meantime, legitimately expect
the formal presentation for scrutiny of the text which has received
political agreement.
17. The Committee's work so far has concentrated
first on trying to probe some of the details as they have been
under discussion. This has been somewhat constrained by the IGC
process and by the fact that the mandate given to the IGC by the
European Council was so tightly drawn. The Committee's work has
also focused on specific questions arising concerning the role
of national parliaments, which are considered further in Chapter
2 below. In the absence of something approaching a final text,
the Committee has not at this stage considered it appropriate
to seek to present to the House a comprehensive analysis of the
impact of the Treaty on the United Kingdom.
18. This report accordingly presents, for the
information of the House, work in progress with some emphasis
on issues directly concerning national parliaments on which we
hope the House will find an early report to be of assistance.
The Committee's future plans
19. In the Committee's view, the most appropriate
service that we can provide for the House is to ensure that the
text of the Reform Treaty, when available, is subjected to the
most rigorous and detailed analysis by the Committee and all our
policy-based Sub-Committees. It is not the Committee's purpose
to seek to compare the text of the Reform Treaty against the now
defunct Constitutional Treaty. Nor is it the Committee's purpose
to seek to indicate whether the Reform Treaty should be presented
for a referendum. This would be a matter for the House during
debate on any ratification legislation. It is the Committee's
intention, however, to ensure that that debate is informed by
a thorough and rigorous assessment of the impact of the proposed
Reform Treaty on the United Kingdom. This would provide an authoritative
report to the House on the major and significant changes.
20. The Committee accordingly intends, through
its Sub-Committees, to conduct an analysis of how the Reform Treaty,
if ratified, would affect the United Kingdom at least in the following
policy areas:
- Financial and Economic Affairs
- Internal Market
- Foreign Affairs and Defence
- Environment and Agriculture
- Institutional questions
- Freedom, Security and Justice (FSJ)
- Social Policy
21. In the Committee's view, such analysis
would assist the House were any bill to ratify any such Treaty
presented for discussion in the next session of Parliament.
22. In our future work we will ensure that the
following topics, covered in the evidence printed with this report,
are subject to more detailed scrutiny and analysis:
- Charter of Fundamental Rights
(QQ 6, 10, 13-14, 22, 45-47, 81, 83)
- Common Foreign and Security Policy (CFSP), and
scrutiny (QQ 12, 15, 24-25, 61-63)
- Declarations—status of (QQ 20-21, 69-70)
- Enhanced co-operation European Security and Defence
Policy (ESDP) (Q 80)
- Personal data: jurisdiction of European Court
of Justice (ECJ) (QQ 92-3)
- European Parliament—number of seats (Q 88)
- External Action Service (QQ 29, 71-72, 79)
- FSJ opt-ins (QQ 12, 16, 49, 78)
- Ioannina Compromise (QQ 48, 89)
- Passerelles (Q 30)
- Pillar structures—changes to (Q 77, 79)
- Reform Treaty—aims of (Q 33)
- Technical working group (QQ 36, 53)
23. The Committee will in particular seek to
probe in detail the effectiveness of the Government's "red
lines". Kim Darroch confirmed that they are "secure"
and that the confirmation that national security remains a matter
for Member States was "a very important breakthrough"
(QQ 11-12). Opt-ins in FSJ matters will be subject to close
scrutiny. We will also examine the UK's position as regards the
Charter of Fundamental Rights[6]
as well as any provision made by the Government to implement Parliamentary
involvement in passerelle provisions.
1 "Evidence from the Minister for Europe on the
June European Council and the 2007 Inter-Governmental Conference",
28th Report, (2006-07), HL Paper 142. http://www.publications.parliament.uk/pa/ld200607/ldselect/ldeucom/142/14202.htm
Back
2
The latest version of an English Text has been made available
on http://www.consilium.europa.eu/cms3_fo/showPage.asp?id=1317&lang=en&mode=g Back
3
CIG 4/1/07 REV 1, 5 October 2007. Back
4
Full title of Treaty plus refs. To work of the Select Committee
on the Constitutional Treaty. Back
5
House of Commons European Scrutiny Committee Report, "European
Union Intergovernmental Conference" (35th Report, Session
2006-07, HC Paper 1014). Back
6
We understand that the Charter will be published in the Official
Journal of the European Union (Q 81). Back
