Select Committee on European Scrutiny Tenth Report



  THE COMMITTEE'S STANDING ORDER AND MEMBERSHIP AND THE

  SCRUTINY RESERVE RESOLUTION

The European Scrutiny Committee is appointed under Standing Order No.143, viz:

  European Scrutiny Committee

143.—(1) There shall be a select committee, to be called the European Scrutiny Committee, to examine European Union documents and—

(a)  to report its opinion on the legal and political importance of each such document and, where it considers appropriate, to report also on the reasons for its opinion and on any matters of principle, policy or law which may be affected;

(b)  to make recommendations for the further consideration of any such document pursuant to Standing Order No. 119 (European Standing Committees); and

(c)  to consider any issue arising upon any such document or group of documents, or related matters.

The expression 'European Union document' in this Order and in Standing Orders No. 16 (Proceedings under an Act or on European Union documents), No. 89 (Procedure in standing committees) and No. 119 (European Standing Committees) means—

(i)  any proposal under the Community Treaties for legislation by the Council or the Council acting jointly with the European Parliament;

(ii)  any document which is published for submission to the European Council, the Council or the European Central Bank;

(iii)  any proposal for a common strategy, a joint action or a common position under Title V of the Treaty on European Union which is prepared for submission to the Council or to the European Council;

(iv)  any proposal for a common position, framework decision, decision or a convention under Title VI of the Treaty on European Union which is prepared for submission to the Council;

(v)  any document (not falling within (ii), (iii) or (iv) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to consideration of any proposal for legislation;

(vi)  any other document relating to European Union matters deposited in the House by a Minister of the Crown.

(2) The committee shall consist of sixteen Members.

(3) The committee and any sub-committee appointed by it shall have the assistance of the Counsel to the Speaker.

(4) The committee shall have power to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee's order of reference.

(5) The committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from time to time.

(6) The quorum of the committee shall be five.

(7) The committee shall have power to appoint sub-committees and to refer to such sub-committees any of the matters referred to the committee.

(8) Every such sub-committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report to the committee from time to time.

(9) The committee shall have power to report from time to time the minutes of evidence taken before such sub-committees.

(10) The quorum of every such sub-committee shall be two.

(11) The committee shall have power to seek from any committee specified in paragraph (14) of this order its opinion on any European Union document, and to require a reply to such a request within such time as it may specify.

(12) The committees specified for the purposes of this order are those appointed under Standing Order No. 152 (Select committees related to government departments) including any sub-committees of such Committees, the Select Committee on Public Administration, the Committee of Public Accounts, and the Environmental Audit Committee.

(13) Unless the House otherwise orders, each Member nominated to the committee shall continue to be a member of it for the remainder of the Parliament.



The present membership of the Committee is as follows:1

Colin Breed MP (Liberal Democrat, Cornwall South East)

Roger Casale MP (Labour, Wimbledon)

William Cash MP (Conservative, Stone)

Michael Connarty MP (Labour, Falkirk East)

Tony Cunningham MP (Labour, Workington)

Wayne David MP (Labour, Caerphilly)

Terry Davis MP (Labour, Birmingham Hodge Hill)

Jim Dobbin MP (Labour, Heywood and Middleton)

Mark Hendrick MP (Labour, Preston)

Jimmy Hood MP (Labour, Clydesdale)

Anne McIntosh MP (Conservative, Vale of York)

Jim Marshall MP (Labour, Leicester South)

Angus Robertson MP (SNP, Moray)2

Laurence Robertson MP (Conservative, Tewkesbury)

Anthony Steen MP (Conservative, Totnes)

Bill Tynan MP (Labour, Hamilton South)

On 18 July 2001, the Committee elected Mr Jimmy Hood as its Chairman.





1 Appointed on 16 July 2001.

2 Appointed on 12 November 2001.

  

Resolution of the House of 17 November 19983

That,

(1) No Minister of the Crown should give agreement in the Council or in the European Council to any proposal for European Community legislation or for a common strategy, joint action or common position under Title V or a common position, framework decision, decision or convention under Title VI of the Treaty on European Union—

(a)  which is still subject to scrutiny (that is, on which the European Scrutiny Committee has not completed its scrutiny) or

(b)  which is awaiting consideration by the House (that is, which has been recommended by the European Scrutiny Committee for consideration pursuant to Standing Order No. 119 (European Standing Committees) but in respect of which the House has not come to a Resolution).

(2) In this Resolution, any reference to agreement to a proposal includes—

(a)  agreement to a programme, plan or recommendation for European Community legislation;

(b)  political agreement;

(c)  in the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 251 of the Treaty of Rome (co-decision), agreement to a common position, to an act in the form of a common position incorporating amendments proposed by the European Parliament, and to a joint text; and

(d)  in the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 252 of the Treaty of Rome (co-operation), agreement to a common position.

(3) The Minister concerned may, however, give agreement—

(a)  to a proposal which is still subject to scrutiny 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)  to a proposal which is awaiting consideration by the House if the European Scrutiny Committee has indicated that agreement need not be withheld pending consideration.

(4) The Minister concerned may also give agreement to a proposal which is still subject to scrutiny or awaiting consideration by the House if he decides that for special reasons agreement should be given; but he should explain his reasons—

(a)  in every such case, to the European Scrutiny Committee at the first opportunity after reaching his decision; and

(b)  in the case of a proposal awaiting consideration by the House, to the House at the first opportunity after giving agreement.

(5) In relation to any proposal which requires adoption by unanimity, abstention shall, for the purposes of paragraph (4), be treated as giving agreement.








3Votes and Proceedings, 17 November 1998, p 1250.



 
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Prepared 17 December 2001