Select Committee on European Union Thirty-Sixth Report


APPENDIX 2: SCRUTINY RESERVE RESOLUTION AND THE COMMITTEE'S TERMS OF REFERENCE


Text of the Scrutiny Reserve Resolution, agreed by the House on 6 December 1999

(1)  No Minister of the Crown should give agreement in the Council to any proposal for European Community legislation or for a common strategy, joint action or common position under Title V or a common position, framework decision, decision or convention under Title VI of the Treaty on European Union—

(a)  Which is still subject to scrutiny (that is, on which the European Union Committee has not completed its scrutiny); and

(b)  On which the European Union Committee has made a report to the House for debate, but on which the debate has not yet taken place.

(2)  In this Resolution, any reference to agreement to a proposal includes—

(a)  Agreement to a programme, plan or recommendation for European Community legislation;

(b)  Political agreement;

(c)  In the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 251 of the treaty establishing the European Community (co-decision), agreement to a common position, to an act in the form of a common position incorporating amendments proposed by the European Parliament, and to a joint text; and

(d)  In the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 252 of the treaty establishing the European Community (co-operation), agreement to a common position.

(3)  The Minister concerned may, however, give agreement to a proposal which is still subject to scrutiny or which is awaiting debate in the House—

(a)  If he considers that it is confidential, routine or trivial or is substantially the same as a proposal on which scrutiny has been completed;

(b)  If the European Union Committee has indicated that agreement need not be withheld pending completion of scrutiny or the holding of the debate.

(4)  The Minister concerned may also give agreement to a proposal which is still subject to scrutiny or awaiting debate in the House if he decides that for special reasons agreement should be given; but he should explain his reasons—

(a)  In every such case, to the European Union Committee at the first opportunity after reaching his decision; and

(b)  In the case of a proposal awaiting debate in the House, to the House at the opening of the debate on the Committee's report.

(5)  In relation to any proposal which requires adoption by unanimity, abstention shall, for the purposes of paragraph (4), be treated as giving agreement.

European Union Committee's Orders of Reference, 21 November 2006

Excerpted from Hansard

Moved, That a Select Committee be appointed to consider European Union documents and other matters relating to the European Union.

That the expression "European Union documents" shall include the following documents:

(i)  Any proposal under the Community treaties for legislation by the Council or the Council acting jointly with the European Parliament;

(ii)  Any document which is published for submission to the European Council, the Council or the European Central Bank;

(iii)  Any proposal for a common strategy, a joint action or a common position under Title V (provisions on a common foreign and security policy) of the Treaty on European Union which is prepared for submission to the Council or to the European Council;

(iv)  Any proposal for a common position, framework decision, decision or a convention under Title VI (provisions on police and judicial co-operation in criminal matters) of the Treaty on European Union which is prepared for submission to the Council;

(v)  Any document (not falling within (ii), (iii) or (iv) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to consideration of any proposal for legislation;

(vi)  Any other document relating to European Union matters deposited in the House by a Minister of the Crown.

That the committee have power to appoint sub-committees and to refer to them that any matters within its terms of reference; the committee have power to appoint the Chairmen of sub-committees, but that the sub-committees have power to appoint their own Chairman for the purpose of particular inquiries; that the quorum of each sub-committee be two;

That the committee have power to co-opt any member to serve on a sub-committee;

That the committee have power to appoint specialist advisers;

That the committee and its sub-committees have power to adjourn from place to place;

That the committee have leave to report from time to time;

That the Reports of the Select Committee shall be printed, regardless of any adjournment of the House;

That the evidence taken by the European Union Committee or any sub-committee in the last Session of Parliament be referred to the committee;

That the evidence taken by the Committee shall, if the Committee so wishes, be printed.


 
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