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,
JIM JOHNSTON, 020 7219 8637)
I. DOCUMENTS AWAITING CONSIDERATION BY THE SUB-COMMITTEE
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| *Unnumbered | Amended proposal for a Council Framework Decision on the European supervision order in pre-trial procedures between Member States of the European Union (MoJ) [6.11.08]
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| Sifted 11 November 2008
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| *12217/08 + ADD 1,2 COM (08) 464
| Proposal for a European Parliament and Council Directive amending Directive 2006/116/EC of the European Parliament and of the Council on the term of protection of copyright and certain related rights (DIUS)
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| Sifted 4 November 2008
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| *13298/08, 13299/08, 13300/08, 13301/08, 14418/08, 14419/08 14420/08, 14443/08
| Draft amendments to the Rules of Procedure of the Court of Justice, the EU Civil Service Tribunal, the Court of Fist Instance; Draft Decision amending the Rules of Procedure of the Court of First Instance as regards, language arrangements applicable to appeals against decisions of the EU Civil Service Tribunal
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| Sifted 4 November 2008 Letter to the Government 12 Nov 08 - cleared from Scrutiny - Rt Hon Caroline Flint MP, Minister for Europe
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II. DOCUMENTS HELD UNDER SCRUTINY AWAITING THE OUTCOME OF
CORRESPONDENCE WITH MINISTERS
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| COM (08) 329 | Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee towards a European e-Justice strategy (Ministry of Justice)
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| Sifted 15 July 2008 Letter to the Government 23 Jul 08 - Bridget Prentice MP, Parliamentary Under Secretary of State Letter to the Chairman 8 Oct 08 Request for further information
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| 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)
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| Sifted 25 October 2005
Letters to the Government 10 Nov, 19 Jan 06, 2 Mar 06 - Paul Goggins MP, Parliamentary Under Secretary of State
Letters to the Chairman 15 Dec, 9 Feb 06 Request to see a copy of the Commission's opinion together with the Government comments on it
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| 5907/06 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)
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| Sifted 28 February 2006
Letter to the Government 23 Mar 06
SEM Sifted 23 October 07 Letters to the Government 15 Nov 07, 6 Dec 07, 9 Oct 08 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State Letters to the Chairman 10 Jul 08, 1 Oct 08, 28 Oct 08 Request for account of discussions in the Council in October
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| 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)
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| 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
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| 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)
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| 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, 3 Jul 08, 23 Jul 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, 16 Jun 08, 9 Jul 08 Awaiting further information on whether discussion of dossier to be revived
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| 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)
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| Sifted 6 September 2006 Letters to the Government 19 Oct 06, 25 Oct 07, 18 Dec 07 - Bridget Prentice MP, Parliamentary Under Secretary of State Letters to the Chairman 27 Mar 07, 4 Dec 07
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| 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)
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| Sifted 16 May 2007 Letters to Government 24 May 07, 12 Jul 07, 16 Oct 07 - Baroness Scotland QC Letters to the Chairman 27 Jun 07, 30 Jul 07 Request to be kept informed
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| 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)
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| Sifted 13 November 2007 Supplementary EM Sifted 22 January 2008 Letters 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
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| 14486/07 COM (07) 674 | Amended proposal for a Directive of the European Parliament and of the Council on the civil liability and financial guarantees of ship owners (DfT)
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| Sifted 27 November 2007 Letter to the Government 6 Dec 07 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State Letter to the Chairman 10 Jul 08, 28 Oct 08 Request for notification of outcome of Working Group meetings under Portuguese Presidency
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| 7403/08 COM (08) 128 | Green Paper on effective enforcement of judgements in the European Union: the transparency of debtors' assets (Ministry of Justice) (E)
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| Sifted 22 April 2008 Letters to the Government 15 May 08, 26 Jun 08, 23 Jul 08 - Bridget Prentice MP, Parliamentary Under Secretary of State - Cleared from Scrutiny Letters to the Chairman 5 Jun 08, 10 Jul 08, 14 Oct 08 (Response to Green Paper)
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| 7616/08 COM (08) 134 | Proposal 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)
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| Sifted 13 May 2008 Letters to the Government 22 May 08, 10 Jul 08 - Bridget Prentice MP, Parliamentary Under Secretary of State Letters to the Chairman 19 Jun 08, 4 Oct 08
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| 7972/08 COM (08) 135
| Communication from the Commission to the European Parliament and the Council on "European Agencies - The Way Forward" (FCO)
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| Sifted 29 April 2008 Letters to the Chairman 24 Apr 08, 30 May 08 Letters to the Government 15 May 08, 18 Jun 08 - Jim Murphy MP, Minister for Europe Request to be kept informed of developments
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| 7984/08 + ADD 1,2 COM (08) 151
| Proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety (presented by the Commission); Commission staff working document - Summary of Impact Assessment; Commission staff working document - Full Impact Assessment (DoT)
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| Sifted 3 June 2008 Letter to the Government 16 Jun 08 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State Request for response to various concerns
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| 8235/08 + ADD 1-3 COM (08) 165
| European Commission White Paper on damages actions for breach of the EC antitrust rules; Commission staff working paper SEC (08) 404; Commission staff working document - Impact assessment SEC (08) 405 ; Commission staff working document - Executive summary of the Impact Assessment SEC (08) 406 (BERR)
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| Sifted 29 August 2008 Letter to the Government 10 Oct 08 - Gareth Thomas MP, Minister for Trade, Investment and Consumer Affairs Request to see Government response to the White Paper and results of consultation on improving competition regime
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| 9200/08 COM (08) 229 | Proposal for amendment to Regulation 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (FCO)
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| Sifted 3 June 2008 Letter to the Government 18 Jun 08 - Jim Murphy MP, Minister for Europe Request for the Governments views on the proposed amendments
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| 10770/08 | 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)
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| Sifted 29 August 2008 Letter to the Government 9 Oct 08 - Phil Woolas MP, Minister of State for Nationality, Citizenship and Immigration Letter to the Chairman 24 Oct 08 Request for further information
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| 11108/08 COM (08) 380 | Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2001/470/EC establishing a European Judicial Network in Civil and Commercial matters (MoJ)
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| Sifted 29 August 2008 Letter to the Government 16 Oct 08 - Bridget Prentice MP, Parliamentary Under Secretary of State Letter to the Chairman 31 Oct 08 Request for assurances and further explanation
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| 11252/08 + ADD 1-3 COM (08) 396
| Proposal for a Council Regulation Statute for a European Private Company (SPE); Commission staff working document - impact assessment; Commission staff working document - summary of impact assessment ; Commission staff working documents - annexes (BERR)
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| Sifted 29 August 2008 Letter to the Government 10 Oct 08 - Ian Pearson MP, Economics and Business Minister Request for information from results of formal consultation and views expressed during recent discussions
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| †12089/08 COM (08) 466 |
Commission Green Paper on Copyright in the Knowledge Economy (DIUS)
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| Sifted 30 September 2008 Letter to the Government 6 Nov 08 - David Lammy MP, Minister of State for Higher Education and Intellectual Property Request for further information
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| 12135/08 COM (08) 508 | Amended proposal for a Council Decision on the conclusion by the European Community of the convention on International interest in mobile equipment and its protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001 (BERR)
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| Sifted 7 October 2008 Letter to the Government 27 Oct 08 - Baroness Shriti Vadera, Minister for Business and Competitiveness Request for further information
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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)
| 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)
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| 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
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| 15821/07 | Proposal for a Council Framework Decision on the European Supervision Order in pre-trial procedures between Member States (Ministry of Justice)
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| Sifted 1 April 2008 Letters to the Government 24 Apr 08, 18 Jun 08, 16 Oct 08 - Rt Hon Baroness Scotland of Asthal QC, Attorney General , Office for Criminal Justice Reform Letters to the Chairman 30 May 08, 25 Jul 08 - Interim response Request for further thoughts on Chairman's points and progress of negotiations
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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. (formally Home Office) now (OCJR)
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| 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
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| 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)
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| Sifted 31 October 2006 Awaiting Government Response
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IV. DOCUMENTS CLEARED FROM SCRUTINY, AWAITING OUTCOME OF CORRESPONDENCE
WITH MINISTERS
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| Unnumbered | Report from the European Parliament on a proposal for a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (FCO) [28.05.08]
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| Sifted 3 June 2008 Letters to the Chairman 26 May 08, 9 Jun 08 Letter to the Government 18 Jun 08 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe Request to be provided with a copy of the decision in due course
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| 12269/07 COM (07) 447 | Report from the Commission : Second Progress Report on the Common Frame of Reference (Ministry of Justice)
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| Sifted 11 September 2007 Letter to the Government 16 Oct 07 - Cleared from Scrutiny, 27 Jun 08 - Bridget Prentice MP, Parliamentary Under Secretary of State Letter to the Chairman 15 May 08, 16 Jul 08
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| 13407/07 + ADD 1 COM (07) 502
| Communication from the Commission: A Europe of Results - Applying Community Law (FCO)
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| Sifted 23 October 2007 Letter to the Government 15 Nov 07, 17 Jul 08 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe Letter to the Chairman 24 Jun 08 Request to be informed of conclusion drawn from the pilot project for resolving complaints
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| 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)
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| 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 Letters to the Chairman 21 Apr 08, 21 Jul 08 Awaiting final Government report on implementation
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| 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)
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| 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 Letters to the Chairman 15 Apr 08, 23 Apr 08 Awaiting final text
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| 10221/1/08 COPEN 112 Rev 1
| Draft Council Decision on the European Judicial Network (Home Office)
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| Sifted 8 July 2008 Letters to the Chairman 7 Jul 08, 30 Jul 08 Letter to the Government 9 Oct 08 - Meg Hillier MP, Parliamentary Under Secretary of State Considered at meeting 16 Jul 08 - Cleared from Scrutiny
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| 10255/08 + ADD 1 COM (08) 323
| Communication from the Commission on the European Transparency Initiative - A framework for relations with interest representatives (register and code of conduct) (FCO)
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| Sifted 1 July 2008 Letters to the Government 10 Jul 08, 16 Oct 08 - Rt Hon Caroline Flint MP, Minister for Europe - Cleared from Scrutiny Letter to the Chairman 29 Jul 08 Request to see the outcome of the promised review
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v. Reports awaiting Government
Response:
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| OCJR (formally Home Office)
| Breaking the deadlock: what future for EU procedural rights? (2nd Report, Session 2006-07, HL Paper 20) Response due 16 March 07
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