EUROPE FREE FROM TOBACCO SMOKE (5899/07)
Letter from the Chairman to Caroline Flint
MP, Minister of State for Public Health, Department of Health
Your Explanatory Memorandum (EM) on the above
Green Paper was considered by Sub-Committee G at its meeting of
8 March 2007.
We have some sympathy with the third option
proposed by the Commission—the Open Method of Co-ordination—as
this would permit the UK to share its own legislative experiences
with other Member States in a non-legislative forum.
With regard to the possibility of binding legislation,
we agree that it would be important to verify that any proposal
falls within the competence of the Community and that it does
not impact negatively upon the legislation in force throughout
the United Kingdom.
Under the "legal basis" section of
your EM, you quote a passage from the Commission Green Paper stating
that the exact legal basis for legislation in this area cannot
yet be determined. While we understand that these proposals are
only at the consultation stage, we do find it unacceptable that
so little information is provided on this important point. We
would welcome your view as to the Treaty Articles which would
be relevant as the basis for legislation in this area; and for
your assessment of their limitations for this purpose.
We are content to release the Green Paper from
scrutiny but would like to be kept informed both about the legal
point we have raised above, and about the outcome of the Commission's
consultation.
8 March 2007
Letter from Caroline Flint MP to the Chairman
Thank you for your letter of 8 March 2007 following
your Committee's consideration of the Explanatory Memorandum for
the above document dated 14 February 2007.
You specifically asked about the Treaty Articles
which would be relevant as the basis for legislation in this area;
and for my assessment of their limitations for this purpose.
The Department of Health is currently drafting
a response for the Government and is currently in the process
of consulting with lawyers, other Government Departments and the
Devolved Administrations. The Department will be submitting a
response to the Green Paper in advance of the 1 May deadline and
I propose that I write again on the issues you have raised once
I am able to appraise you on the Government's position. I will
also undertake to keep the Committee informed of any outcomes
from the consultation.
22 March 2007
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