Select Committee on European Union Progress of Scrutiny Tenth Report


SUB-COMMITTEE E

LAW AND INSTITUTIONS

MEMBERSHIP: Chairman: Lord Mance

Lord Blackwell, Lord Tomlinson, Lord Wright of Richmond

Co-opted Members:

Lord Bowness, Lord Burnett, Lord Jay of Ewelme, Baroness Kingsmill, Lord Lester of Herne Hill, Lord Norton of Louth, Baroness O'Cathain, Lord Rosser.

(FOR FURTHER INFORMATION PLEASE CONTACT THE CLERK, SUSANNAH STREET, 020 7219 8637)

I.  DOCUMENTS AWAITING CONSIDERATION BY THE SUB-COMMITTEE

II.  DOCUMENTS HELD UNDER SCRUTINY AWAITING THE OUTCOME OF CORRESPONDENCE WITH MINISTERS
12467/05 COM (05) 426 Proposal for a Council Decision concerning the signing on behalf of the European Community, of the Council of Europe Convention No 198 on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism (Home Office)
Sifted 25 October 2005

Letters to the Government 10 Nov, 19 Jan 06, 2 Mar 06 - Paul Goggins MP

Letters to the Chairman 15 Dec, 9 Feb 06

15629/05 + ADD 1 CRIMORG 157 Council Decision on the setting up of a European Anti-Corruption Network. (Home Office)
Sifted 30 March 2006 Letters to the Government 24 Apr, 13 Jul, 12 Oct 06, 30 Nov 06 - Gerry Sutcliffe MP Letters to the Chairman 30 Jun, 1 Aug 06, 15 Nov 06
5199/06 COM (05) 649 Draft Council Regulation on jurisdiction, applicable law, recognition and enforcement of Decisions and cooperation in matters relating to maintenance obligations (DCA)
Sifted 14 February 2006

Letters to the Government 2 Mar, 8 Jun 06, 8 Mar 06, 29 Mar 07, 3 Apr 08 - Bridget Prentice MP, Parliamentary Under Secretary of State

Letters to the Chairman 16 May 06, Feb 07, 20 Mar 07, 18 Mar 08, 17 Apr 08

5203/06 COM (05) 650 Proposal for a Regulation on the Law applicable to contractual obligations (ROME I) (DCA)
Sifted 14 February 2006

Letters to the Government 9 Mar, 27 Apr, 8 Jun, 19 Oct 06, 28 Mar 07, 19 Jul 07, 17 Jan 08 - Bridget Prentice MP, Parliamentary Under Secretary of State, Ministry of Justice

Letters to the Chairman 30 Mar, 16 May 06, 22 Mar 07, 12 Jun 07, 15 Dec 07, 2 Apr 08, 15 May 08

5907/06 COM (05) 593 5907/06 SEM COM (05) 593 Proposal for a Directive on the civil liability and financial securities of ship owners (presented by the Commission) SUPPLEMENTARY EXPLANATORY MEMORANDUM Proposal for a Directive of the European Parliament and the Council on the civil liability and financial guarantees of ship owners (DfT)
Sifted 28 February 2006

Letter to the Government 23 Mar 06

SEM Sifted 23 October 07 Letter to the Government 15 Nov 07, 6 Dec 07 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State Request for notification of outcome of Working Group meetings under Portuguese Presidency

8866/06 COM (06) 168 European Parliament and Council Directive on Criminal Measures aimed at ensuring the enforcement of Intellectual Property Rights (originally Home Office) (Ministry of Justice from May 07)
Sifted 25 May 2006

Letters to the Government 8 June (awaiting RIA), 25 Jul, 19 Oct 06, 30 Nov 06, 16 Oct 07, 29 Nov 07 - Bridget Prentice MP, Parliamentary Under Secretary of State

Letters to the Chairman 8 Jul, 22 Aug, 9 Nov 06, 30 Jul 07, 12 Nov 07 Response awaited following any developments in this matter

11356/06 COM (06) 346 Communication from the Commission on adaptation of the provisions of Title IV of the Treaty establishing the European Community relating to the jurisdiction of the Court of Justice with a view to ensuring more effective judicial protection (Home Office)
Sifted 25 July 2006 Letters to the Government 20 Jul, 12 Oct 06, 11 Jan 07, 22 Feb 07, 12 Jul 07, 25 Oct 07, 17 Jan 08 - Meg Hillier MP, Parliamentary Under Secretary of State Letters to the Chairman 15 Aug 06, 12 Dec 06, 30 Jan 07, 27 Jun 07, 13 Aug 07, 19 Dec 07
11434/06 13524/06 COPEN 76 COPEN 102 Draft Framework Decision on the recognition and enforcement of prohibitions arising from convictions for sexual offences committed against children (Home Office)
Sifted 28 November 2006 Letters to the Government 14 Dec 06, 2 Feb 07, 26 Mar 07, 10 May 07 - Joan Ryan MP Letters to the Chairman Jan 07 (holding reply), 18 Jan 07, 26 Feb 07, 19 Apr 07
11817/06 COM (06) 400 Green Paper on conflict of Laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition (DCA)
Sifted 6 September 2006 Letter to the Government 19 Oct 06, 25 Oct 07, 18 Dec 07 - Bridget Prentice MP, Parliamentary Under Secretary of State Letter to the Chairman 27 Mar 07, 4 Dec 07
7349/07 8200/07 8545/07 DROIPEN 19, 31, 35 Proposal for a Council Framework Decision on certain procedural rights in criminal proceedings throughout the European Union [new version]; Council of Europe Secretariat's Observations on the Framework Decision; Proposed Resolution by Member States meeting within the Council of the European Union on practical action to promote fairness in criminal proceedings [new version] (Office for Criminal Justice Reform)
Sifted 16 May 2007 Letters to Government 24 May 07, 12 Jul 07, 16 Oct 07 - Baroness Scotland QC Letter to the Chairman 27 Jun 07, 30 Jul 07
9871/07 COM (07) 249 Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals (Home Office)
Sifted 26 June 2007 Letters to the Government 05 Jul 07, 25 Oct 07 - Liam Byrne MP, Minister of State Letter to the chairman 9 Oct 07
13407/07 + ADD 1 COM (07) 502 Communication from the Commission: A Europe of Results - Applying Community Law (FCO)
Sifted 23 October 2007 Letter to the Government 15 Nov 07 - Jim Murphy MP, Minister for Europe
14094/07 COM (07) 625 14094/07SEM COM (07) 625 Proposal for a Regulation of the European Parliament and of the Council on European Statistics; Supplementary Explanatory Memorandum Proposal for a Regulation of the European Parliament and of the Council on European Statistics (ONS)
Sifted 13 November 2007 Supplementary EM Sifted 22 January 2008 Letter to the Government 29 Nov 07, 24 Jan 08 - Angela Eagle MP, Exchequer Secretary Letter to the Chairman 14 Jan 08 Awaiting further explanatory note and the EDPS opinion
14486/07 COM (07) 674Amended proposal for a Directive of the European Parliament and of the Council on the civil liability and financial guarantees of ship owners (DfT)
Sifted 27 November 2007 Letter to the Government 6 Dec 07 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State Request for notification of outcome of Working Group meetings under Portuguese Presidency
5037/08

5039/08

7254/08 EUROJUST 20

Draft Council Decision on the strengthening of Eurojust amending Council Decision 2002/187/JHA as amended by Council Decision 2003/659/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (Home Office)

Draft Council Decision on the European Judicial Network (Home Office)

Draft Council Decision on the strengthening of Eurojust amending Council Decision 2002/187/JHA as amended by Council Decision 2003/659/JHA setting up Eurojust with a view to reinforcing the fight against serious crime. (EUROJUST) (Home Office)

5037/08 Sifted 29 January 2008 5039/08 Sifted 5 February 2008 7254/08 Sifted 1 April 2008 Letters to the Government 7 Mar 08, 1 May 08, 22 May 08 - Meg Hillier MP, Parliamentary Under Secretary of State Letters to the Chairman 27 Mar 08, 16 Apr 08, 12 May 08
5947/08 + ADD 1, 2 COM (07) 767 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on effective consular protection in third countries: The contribution of the European Union Action Plan 2007-2009 (FCO)
Sifted 20 February 2008 Letters to the Government 7 Mar 08, 24 Apr 08, 22 May 08 - Jim Murphy MP, Minister for Europe Letters to the Chairman 24 Mar 08, 10 May 08
6333/08 Communication from the Commission on the creation of a Forum for discussing EU justice policies and practice (Ministry of Justice)
Sifted 4 March 2008 Letter to the Government 13 Mar 08 - Bridget Prentice MP, Parliamentary Under Secretary of State Request for summary and views following first Forum plenary
†7403/08 COM (08) 128 Green Paper on effective enforcement of judgements in the European Union: the transparency of debtors' assets (Ministry of Justice)
Sifted 22 April 2008 Letter to the Government 15 May 08 - Bridget Prentice MP, Parliamentary Under Secretary of State Request for clarification
*7616/08 COM (08) 134Proposal for a directive of the European Parliament and of the Council amending directive 2005/35/EC on Ship-Source Pollution and on the introduction of Penalties for Infringements (MOJ)
Sifted 13 May 2008 Considered at meeting 21 May 08
†7972/08 COM (08) 135 Communication from the Commission to the European Parliament and the Council on "European Agencies - The Way Forward" (FCO)
Sifted 29 April 2008 Letter to the Chairman 24 Apr 08 Letter to the Government 15 May 08 - Jim Murphy MP, Minister for Europe

III  DOCUMENTS UNDER SCRUTINY:

IN CONNECTION WITH THE SUB-COMMITTEE'S REPORT PUBLISHED 25 JUL 07: "EUROPEAN SUPERVISION ORDER" (31ST REPORT, SESSION 2006-07, HL PAPER 145) RECOMMENDED FOR DEBATE
12367/06 COM (06) 468 Proposal for a Council Framework Decision on the European supervision order in pre-trial procedures between Member States of the European Union (originally Home Office, now Ministry of Justice)
Sifted 10 October 2006 Letters to the Chairman 10 Jul 07, 12 Sep 07 - Government Response Letter to the Government 7 Mar 08 - Rt Hon Baroness Scotland of Asthal, QC, Attorney General, Office for Criminal Justice Reform Request for latest amended text and a supplementary EM
†15821/07Proposal for a Council Framework Decision on the European Supervision Order in pre-trial procedures between Member States (Ministry of Justice)
Sifted 1 April 2008 Letter to the Government 24 Apr 08 - Rt Hon Baroness Scotland of Asthal QC, Attorney General , Office for Criminal Justice Reform, Ministry of Justice








In connection with the Sub-Committee's Report published 16 Jan 07: "Breaking the deadlock: what future for EU procedural rights?" (2nd Report, session 2006-07, HL Paper 20)
15432/05 DROIPEN 61 Proposal for a Council Framework Decision on certain procedural rights during criminal proceedings throughout the European Union. (Home Office)
Sifted 28 February 2006

Letters to the Government 23 Mar, 18 May 06

Letters to the Chairman 25 Apr, 14 Jul 06

For scrutiny of previous text see document 10880/05 Droipen 34. - awaiting Government Response

13116/06 DROIPEN 60 Proposal for a Council Framework on certain procedural rights in criminal proceedings throughout the European Union (Office of Criminal Justice Reform)
Sifted 31 October 2006 Awaiting Government Response


IV.  DOCUMENTS CLEARED FROM SCRUTINY, AWAITING OUTCOME OF CORRESPONDENCE WITH MINISTERS
†12668/07 Proposal for a Council Decision relating to the conclusion of an agreement between the European Community and the Council of Europe on cooperation between the European Union Agency for Fundamental Rights and the Council of Europe (Ministry of Justice) (E)
Sifted 9 October 2007 Letter to the Government 25 Oct 07 - Cleared from Scrutiny - Michael Wills MP - Request to the kept informed of practical measures to implement agreement
11771/07 COM (07) 394Communication from the Commission on a simplified business environment for companies in the areas of company law, accounting and auditing (BERR)
Sifted 11 September 2007 Letter to the Government 11 Oct 07 - Cleared from Scrutiny
12269 /07 COM (07) 447Report from the Commission : Second Progress Report on the Common Frame of Reference (Ministry of Justice)
Sifted 11 September 2007 Letter to the Government 16 Oct 07 - Cleared from Scrutiny - Bridget Prentice MP, Parliamentary Under Secretary of State
5785/08 COM (07) 805 Report from the Commission pursuant to Article 6 of the Council Framework Decision of 24 February 2005 on confiscation of crime-related proceeds, instrumentalities and property (2005/212/JHA) (Home Office)
Sifted 4 March 2008 Letters to the Government 13 Mar 08, 1 May 08 - Cleared from Scrutiny - Vernon Coaker MP, Parliamentary Under Secretary of State Letter to the Chairman 21 Apr 08 Awaiting final Government report on implementation
7279/08 Draft Council Framework Decision strengthening citizens' rights, fostering the application of mutual recognition in respect of decisions rendered following a trial at which the person concerned did not appear personally, and amending:

-  Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States ("the EAW FD")

-  Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties ("the Fines FD")

-  Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders ("the Confiscation Orders FD")

-  Framework Decision 2008/…/JHA of … on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union ("the Custodial Sentences FD")

-  Framework Decision 2008/…/JHA of … on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions ("the Probation FD") (Office for Criminal Justice Reform)

Sifted 26 March 2008 Letters to the Government 3 Apr 08, 1 May 08 - Cleared from Scrutiny - Rt Hon Baroness Scotland of Asthal QC, Attorney General Letter to the Chairman 15 Apr 08, 23 Apr 08 Awaiting final text

v.  Reports awaiting Government Response:
Home OfficeBreaking the deadlock: what future for EU procedural rights? (2nd Report, session 2006-07, HL Paper 20) Response due 16 Mar 07


 
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