Memorandum by the Department of Innovation
Universities and Skills (DIUS) and the Department of Children
Schools and Families (DCSF)
1. The evidence is presented under the two
summary headings in the Annex on page 6 of the call for evidence,
and also comments on other relevant changes made in the Reform
Treaty, in particular on the European Charter of Human Rights
(ECHR).
As regards Youth policy, Community action
shall now also be aimed at "encouraging the participation
of young people in democratic life in Europe"
2. This reference, stating that Community
action shall now also be aimed at "encouraging the participation
of young people in democratic life in Europe" is an addition
to Article 149(2). The addition builds on activity already underway
by mutual agreement under the Open Method of Coordination.
The Council is now permitted to adopt Recommendations
in the field of vocational training
3. This amendment is a change of legislative
procedure and not substance: Article 150 continues to state that
the EU shall fully respect Member States responsibility for content
and organisation of vocational training, thus limiting what could
be proposed in any Recommendation. The amendment, together with
an amendment to Article 149(4) TEC, aligns the procedure for Recommendations
(which are not legally binding) in both Articles, so that they
can be made by the Council on a recommendation from the Commission.
The legislative procedure will therefore be governed by Article
250, rather than Article 251.
ARTICLE 3 (3) TEU
4. The inclusion of rights of the child
is a departure from the current treaties. The UK has ratified
the United Nations Convention on the Rights of the Child (UNCRC),
with some reservations on migrant children and juvenile justice.
CHARTER OF
FUNDAMENTAL RIGHTS
5. The Articles in the Charter that have
potential implications for DCSF and DIUS are noted below:
6. Article 14 (right to education) of the
Charter is described in the official explanations as being "based
on" Article 2 of Protocol 1 of the ECHR. However, the Charter
right is different to the ECHR right in that:
(a) it is a positive, not a negative right
(ie expressed as a right to education, rather than a right not
to be denied education);
(b) it expressly includes vocational training;
and
(c) the UK has a specific reservation on
Article 2 of Protocol 1 of the ECHR (intended to ensure that the
State respects the right of parents to ensure that education is
in conformity with their own religious and philosophical convictions,
but not creating an absolute right for someone to be educated
wherever and however they want, without regard to public spending
constraints).
7. Articles 51 and 52 of the Charter, and
the protocol on the UK's and Poland's position on the Charter,
provide some useful clarification of the effect of the Charter
rights. Nonetheless, the Government will be vigilant in ensuring
that Article 14 is not used to expand the EU's activities in the
education field (limited by the scope of Articles 149-150 of the
EC Treaty) into areas currently outside EC competence.
8. Articles 21 (non-discrimination) and
Article 24 (rights of the child) are also areas of relevance to
the work of DCSF, and again the Government will be vigilant in
ensuring that these Articles are not used to challenge areas of
domestic policy which the Charter is not intended to cover.
INCLUSION OF
SPORT UNDER
ARTICLE 149
9. The general area of sport is a DCMS responsibility
but DCSF has an interest in the link with education and young
people. The Government supports the broad intention of the Treaty
text and agrees with the analysis in the recent EU White Paper
on the value of voluntary sporting activities in promoting the
health and education of young people. It also agrees with the
emphasis placed on the protection of young people taking part
in sporting activities.
14 December 2007
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