Appendix 3: Terms of reference, Scrutiny Reserve Resolutions and Ashton-Lidington undertakings
Terms of reference
16 May 2013
(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 co-operation within the European Union.
Scrutiny Reserve Resolution
30 March 2010
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.
Scrutiny of opt-ins
Ashton-Lidington undertakings
The “Ashton-Lidington undertakings”, originally reflecting commitments made by the then Leader of the House, Baroness Ashton of Upholland, in 2008, require Government departments to produce an EM within 10 working days of the publication of any proposal to which the UK opt-in applies, and to indicate the Government’s preliminary views on whether they will opt in. The Government will not reach a final view on the matter for eight weeks following publication, and will take account of any views expressed within that time by the EU Select Committee or the European Scrutiny Committee of the House of Commons. A Resolution formalising the eight-week scrutiny reserve was adopted on 30 March 2010, and is reproduced below.
Where the Committee makes a report to the House that it recommends for debate, the Government also undertakes to arrange a debate as soon as possible, on an amendable motion. The procedure for handling such reports was agreed by the House on 16 March 2010.63
On 20 January 2011, the Minister for Europe, the Rt Hon David Lidington MP, made a Written Statement undertaking that the Government would continue to honour the Ashton undertakings, and would also extend them.64 He committed to making “a written statement to Parliament on each opt-in decision, and the reasons for it”, and undertook to make an oral statement “where appropriate and necessary”. He urged the Houses’ EU Committees to “take full advantage of their existing right to call a debate on an amendable motion on any opt-in decision”. He also undertook to set aside Government time for a debate where there was a “particularly strong Parliamentary interest”. In addition, the Government’s commitments were extended to proposals to opt out of Schengen-building measures under Article 5(2) of Protocol 19, which had not been specifically mentioned in the Ashton undertakings.
Opt-in Scrutiny Resolution
30 March 2010
That, 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—
(1)No Minister of the Crown may authorise such notification within 8 weeks after the proposal or initiative has been presented to the Council.
(2)A Minister may however authorise such notification sooner than provided by paragraph (1) 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.
(3)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 30 March 2010, as amended.
63 Procedure Committee, The Lisbon Treaty: procedural implications; Standing Order 19; Private notice questions; Guidance on motions and questions (2nd Report, Session 2009–10, HL Paper 51)