RIGHTS OF THE CHILD: EU STRATEGY (12107/06)
Letter from the Chairman to Bill Rammell
MP, Minister for Life-long Learning, Further and Higher Education,
Department for Education and Skills
The Sub Committee considered your EM on the
above Communication at its meeting of 2 November 2006.
We strongly support protection of the Rights
of the Child and in this context we do consider that many of the
proposed actions in the Strategy are laudable. It is certainly
the case that the development of the Single Market has significant
implications for children's rights. We are of the opinion that,
as Guardian of the Treaties, the Commission has a role to play
in monitoring the impact of Community law on the Rights of the
Child.
We do question, however, whether the monitoring
work of the Commission necessitates a specfic Strategy. In terms
of the legal base issue, we share your concerns and we also feel
that there are specific subsidiarity issues with the initiative
as a whole. We trust that you will puruse these matters vigorously.
We have a specific query with respect to the
UK's general reservation to the UN Convention on the Rights of
the Child as regards the entry, stay in, potential citizenship
of and departure from the UK of those children subject to immigration
control. We would appreicate your views on whether any such Strategy
might have implications for this reservation?
Finally, from reading your EM, we are unclear
as to whether or not discussions will take place amongst the Member
States and with the Commission. We would be grateful if you could
clarify the situation in this respect.
We look forward to your views on the above matters
in addition to reports on any discussions within Council.
3 November 2006
Letter from Bill Rammell MP to the Chairman
Thank you for your letter of 3 November and
your Committee's comments on the Commission's proposals in this
area. I am grateful for your support for the Government's position
on the need for a specific Strategy and the issues of competence
and subsidiarity. During the recent EU standing committee debate
on this Communication I explained that we believe that any such
strategy should stay within the Union's existing competences and
we should ensure that any EU activity in the field of children's
rights adds value to existing intergovernmental arrangements.
We would oppose any future legislation on children's rights that
does not have a proper Treaty basis. We have made this position
clear to the Commission and will continue to do so.
You asked about the specific issue of the UK's
general reservation to the UN Convention on the Rights of the
Child as regards the entry, stay in, potential citizenship of
and departure from the UK of those children subject to immigration
control. Although there is no substantial threat from the Communication
in its present form, there is a possibility that NGOs and others
who are opposed to the reservation could use the call to "strengthen
recognition and respect for UNCRC" to bring added pressure
to bear on Member States. However, officials I have consulted
at the Home Office believe that this would be relatively easy
to handle with the Communication in its present form.
The Government would certainly seek to prevent
any legislation which sought to "enforce" the UNCRC
being brought forward, due to the competence issues I have already
outlined. The Commission have assured us that they are not contemplating
any legislative activity relating specifically to rights of the
child in view of their lack of general competence in the area
of fundamental rights. This was reiterated at a recent meeting
between UKREP and the Commission.
The Government also shares your concerns about
Member State consultation and discussion and, along with others,
has expressed these concerns to the Commission, through the Permanent
InterGovernmental Group L'Europe de l'Enfance, an ad hoc working
group on Fundamental Rights and in a meeting with the lead Commission
official.
The proposed Forum on the Rights of the Child
will include Member State representation. Recent negotiations
have led to a greater voice for representatives of Member State
governments in the Forum and postponement of the initial meeting
from March to June. However, the agenda is still set by the Commission,
who also act as secretariat.
It is not entirely clear which Council formation(s)
should consider this Communication. Following pressure from the
UK and others, it was put on the agenda of a Social Questions
working party in December but then removed. Other formations,
including Youth and Justice and Home Affairs, have been considered
and promoted by Member States. The German Presidency, which was
supportive of the calls for more Member State consultation, has
now said that it will await the outcome of the first Forum meeting
in June before deciding on when and how the Communication will
be discussed in Council. We will continue to press them on this
point.
20 February 2007
Letter from the Chairman to Bill Rammell
MP
Thank you for your letter of 20 February which
addresses the issues on this Commission Communication that I raised
with you in my letter of 3 November 2006. This was considered
by Sub-Committee G at its meeting on 22 March.
We continue to be concerned that the proposed
strategy on the rights of the child should not in any way go beyond
the scope of Community competence. We are reassured that you share
this view and will continue to make this position clear to the
Commission.
We note your comment that the Government will
seek to prevent any legislation which could undermine the UK's
general reservation relating to the UN Convention on the Rights
of the Child (UNCRC). However, we remind you of the conclusion
set out in paragraph 49 of the 17th Report of the Joint Committee
on Human Rights (HL 99/HC 264), published in March 2005, which
stated:
"We are disappointed that the Government
has failed to act on our earlier recommendation that it should
withdraw the immigration and nationality reservation to the CRC.
In our view, the maintenance of this reservation, which withdraws
the protection of the Convention from a particularly vulnerable
group of children, undermines the otherwise strong record of the
Government in the advancement of children's rights, and calls
into question the UK's commitment to a Convention central to international
human rights protection. We reiterate our previous recommendation
that the Government should withdraw this reservation".
We share the Joint Committee's view that this
general reservation is damaging to the UK's reputation in relation
to children's rights which, in many other respects, is creditable;
and we urge you to reconsider the Government's position on this.
On this issue of the Commission's discussion
of these issues with Member States, we feel there is further to
go, and we urge you to take all opportunities to make the Government's
views known to the Commission and to establish where other Member
States stand on the issues.
At this point we are prepared to release the
document from scrutiny, but we ask you to keep us informed of
developments in the Commission's thinking on the strategy and
to alert us in advance of any firm proposals being put forward.
26 March 2007
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