European Union Committee: Terms
of Reference, Scrutiny Reserve Resolution and Opt-in Resolution
1. We have considered a memorandum by the Chairman
of the European Union Committee, Lord Roper, proposing new Terms
of Reference for the Committee, and a new Scrutiny Reserve Resolution.
The amendments are technical in nature, and reflect—
- amendments to the European Treaties
arising as a result of the Lisbon Treaty; or
- codification of existing practice.
2. Lord Roper has also proposed a new Resolution,
to embody undertakings given by Baroness Ashton of Upholland during
the passage of the European Union (Amendment) Act 2008, about
scrutiny of Justice and Home Affairs "opt-in" decisions.[1]
3. We recommend the following texts to the
House. Members may find it helpful to
refer to our 2nd Report of this session for further explanation
both of the substantive changes made by the Lisbon Treaty, and
of the way in which the House's scrutiny of opt-in decisions will
work in practice.[2]
PROPOSED NEW EUROPEAN UNION COMMITTEE
TERMS OF REFERENCE
(1) To consider European Union documents deposited
in the House by a Minister, and other matters relating to the
European Union.
The expression "European Union document"
includes in particular:
(a) a document submitted by an institution
of the European Union to another institution and put by either
into the public domain;
(b) a draft legislative act or a proposal for
amendment of such an act; and
(c) a draft decision relating to the Common
Foreign and Security Policy of the European Union under Title
V of the Treaty on European Union.
The Committee may waive the requirement to deposit
a document, or class of documents, by agreement with the European
Scrutiny Committee of the House of Commons.
(2) To assist the House in relation to the procedure
for the submission of Reasoned Opinions under Article 5 of the
Treaty on European Union and the Protocol on the application of
the principles of subsidiarity and proportionality.
(3) To represent the House as appropriate in interparliamentary
cooperation within the European Union.
PROPOSED NEW SCRUTINY RESERVE RESOLUTION
Resolved, That,
(1) Subject to paragraph (5) below, no Minister of
the Crown shall give agreement in the Council or the European
Council in relation to any document subject to the scrutiny of
the European Union Committee in accordance with its terms of reference,
while the document remains subject to scrutiny.
(2) A document remains subject to scrutiny if—
(a) the European Union Committee has made
a report in relation to the document to the House for debate,
but the debate has not yet taken place; or
(b) in any case, the Committee has not indicated
that it has completed its scrutiny.
(3) Agreement in relation to a document means agreement
whether or not a formal vote is taken, and includes in particular—
(a) agreement to a programme, plan or recommendation
for European Union legislation;
(b) political agreement;
(c) agreement to a general approach;
(d) in the case of a proposal on which the Council
acts in accordance with the procedure referred to in Article 289(1)
of the Treaty on the Functioning of the European Union (the ordinary
legislative procedure), agreement to the Council's position at
first reading, to its position at second reading, or to a joint
text; and
(e) in the case of a proposal on which the
Council acts in accordance with Article 289(2) of the Treaty on
the Functioning of the European Union (a special legislative procedure),
agreement to a Council position.
(4) Where the Council acts by unanimity, abstention
shall be treated as giving agreement.
(5) The Minister concerned may give agreement in
relation to a document which remains subject to scrutiny—
(a) if he considers that it is confidential,
routine or trivial, or is substantially the same as a proposal
on which scrutiny has been completed;
(b) if the European Union Committee has indicated
that agreement need not be withheld pending completion of scrutiny;
or
(c) if the Minister decides that, for special
reasons, agreement should be given; but he must explain his reasons—
i. in every such case, to the European Union
Committee at the first opportunity after reaching his decision;
and
ii. if that Committee has made a report for debate
in the House, to the House at the opening of the debate on the
report.
PROPOSED NEW RESOLUTION ON OPT-IN
SCRUTINY
(1) This Resolution applies in relation to notification
to the President of the Council of the European Union of the wish
of the United Kingdom to take part in the adoption and application
of a measure following from a proposal or initiative presented
to the Council pursuant to Title V of Part Three of the Treaty
on the Functioning of the European Union.
(2) No Minister of the Crown may authorise such notification
within 8 weeks after the proposal or initiative has been presented
to the Council.
(3) A Minister may however authorise such notification
sooner than provided by paragraph (2) if he decides that for special
reasons this is essential; but he should explain his reasons—
(a) in every such case, to the European
Union Committee at the first opportunity after giving that authorisation;
and
(b) in the case of a proposal awaiting debate
in the House, to the House at the opening of the debate.
(4) Where the European Union Committee is scrutinising
the question of notification independently of the substance of
the measure to which it relates, scrutiny of the substance of
the measure will continue to be governed by the Resolution of
the House of 6 December 1999[3],
as amended.
Questions for Written Answer:
time-limit for answers
4. We have considered a proposal from the Leader
of the House, that the time-limit within which Questions for Written
Answer are expected to be answered should be changed from the
present "fortnight" (Companion, paragraph 5.36)
to "10 working days". We support this change, and
recommend it to the House.
1 EU Committee, 2nd Report, 2008-09 (HL Paper 25),
Enhanced scrutiny of EU legislation with a United Kingdom opt-in. Back
2
Procedure Committee, 2nd Report, 2009-10 (HL Paper 51). Back
3
This is the date of the existing Scrutiny Reserve Resolution.
The date will be adjusted once this Report has been agreed and
the proposed Resolutions are tabled. Back
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