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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