APPENDIX 4: STATEMENT ON JHA OPT-INS BY
THE RT HON THE BARONESS ASHTON OF UPHOLLAND, LEADER OF THE HOUSE
OF LORDS ON 9 JUNE 2008
For the benefit of Peers who intend to speak during
the Report Stage of the EU Treaty (Amendment) Bill (2nd Day),
I am writing to place the attached statement on JHA Opt-Ins in
the Library of the House of Lords.
Statement on JHA Opt-ins
The Government believes that it is important for
the EU Scrutiny Committees, and Parliament as a whole to have
a clear idea of the Government's approach to JHA; individual JHA
measures should be seen in this context. The Government is keen
to ensure that the views of the Scrutiny Committees, benefiting
from expertise in the area and having a strategic overview of
the UK policy on the EU and our engagement on Justice and Home
Affairs business, inform the Governments decision making process.
As such, the Government therefore commits:
- · To table a report in Parliament each
year and make it available for debate, both looking ahead to the
Government's approach to EU Justice and Home Affairs policy and
forthcoming dossiers, including in relation to the opt-in and
providing a retrospective annual report on the UK's application
of the opt-in Protocol;
- · To place an Explanatory Memorandum
(EM) before Parliament as swiftly as possible following publication
of the proposal and no later than ten working days after publication
of the proposal. That EM would set out the main features of the
proposal, as now, and, in particular, to the extent possible,
an indication of the Government's views as to whether or not it
would opt-in. Where the Government is in a position to provide
them at that stage, the EM will also cover the factors affecting
the decision. The European Scrutiny Committees of the two Houses
will then be able to fully review the proposal and, where it has
been possible to give a view, the Government's approach to the
opt-in;
- · Provided that any such views are forthcoming
within 8 weeks of publication, to take into account any opinions
of the Committees with regard to whether or not the UK should
opt-in;
- · The Committees, as with all proposals,
can call a Minister to give evidence and can make a report to
the House, if they wish with a recommendation for debate, on a
motion that would be amendable (other debates in the Lords
to take note of Committee reports are not usually amended).
- · For the Commons, such a debate would
usually be in Committee. In the Lords, where a Committee determines
that a decision on whether or not to opt-in to a measure should
be debated, the Government will undertake to seek to arrange a
debate through the usual channels.
- · As a general rule, except where an
earlier opt-in decision is necessary, not to override the scrutiny
process, by making any formal notification to the Council of a
decision to opt-in within the first 8 weeks following publication
of a proposal[5]. Where
the Government considers an early opt-in to be essential, it will
explain its reasons to the Committee as soon as is possible. The
Government will continue to keep the Committees fully informed
as negotiations develop;
- · To ensure that a Minister is regularly
available to appear before the Scrutiny Committees in advance
of every Justice and Home Affairs Council.
This package of measures will be reflected in a Code
of Practice, to be agreed with the Scrutiny Committees, setting
out the Government's commitment to effective scrutiny. The Government
believes that the Scrutiny Reserve Resolution should also be amended,
or a new resolution brought forward, to incorporate these commitments.
This will be reviewed three years after the entry
into force of the Treaty to ensure that the enhanced scrutiny
measures are working effectively.
We believe that this package, in addition to the
strengthened role for national parliaments in the Treaty, strikes
the right balance between ensuring that the Government can exercise
the opt-in effectively within the Treaty deadline, whilst ensuring
that Parliaments views are fully considered.
5 An example of where an early opt-in may be necessary
is on the opt-in to the final text of a readmission agreement.
These are often concluded very close to meetings with the third
states concerned, to be signed at the meeting. In order to allow
signature at the meeting, the Government undertakes to EU partners
to complete the domestic opt-in process quickly. Back
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