Select Committee on Procedure of the House Fifth Report



FIFTH REPORT FROM THE SELECT COMMITTEE ON PROCEDURE OF THE HOUSE


MONDAY 8 NOVEMBER 1999


BY THE SELECT COMMITTEE ON PROCEDURE OF THE HOUSE

ORDERED TO REPORT:

EUROPEAN COMMUNITIES COMMITTEE

  The Committee considered proposals for changes to the terms of reference and title of the European Communities Committee. The Committee also considered the need for the House to pass a formal Scrutiny Reserve Resolution similar to that of the House of Commons.[1] The changes are necessary to reflect recent developments in the European Union, in particular the coming into force of the Treaty of Amsterdam, and changes made by the House of Commons in relation to its select committee on European Legislation.

Terms of reference

  The Committee recommends the following terms of reference for the select committee:

    "That a Select Committee be appointed to consider European Union documents and other matters relating to the European Union.

    The expression "European Union documents" shall include the following documents:

    (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 (provisions on a common foreign and security policy) 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 (provisions on police and judicial co-operation in criminal matters) 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.

    That the Committee have power to appoint Sub-Committees and to refer to such Sub-Committees any of the matters within the terms of reference of the Committee; that the Committee have power to appoint the Chairmen of Sub-Committees, but that such Sub-Committees have power to appoint their own Chairman for the purpose of particular inquiries; that two be the quorum of such Sub-Committees;

    That the Committee have power to co-opt any Lord for the purpose of serving on a Sub-Committee;

    That the Committee have power to appoint Specialist Advisers;

    That the Committee and any Sub-Committee have power to adjourn from place to place;

    That the Committee have leave to report from time to time;

    That the Reports of the Select Committee from time to time shall be printed, notwithstanding any adjournment of the House;

    That the Minutes of Evidence taken before the European Communities Committee or any Sub-Committee in the last session of Parliament be referred to the Committee: and

    That the Committee do meet on ................ at ...............".

The Committee's title

  The Committee's title no longer accurately reflects the scope of its work. We recommend that the title should be "Select Committee on the European Union".

Scrutiny Reserve Resolution

  The Commons Scrutiny Reserve Resolution has always been held to apply to the House of Lords. The procedures of the two Committees are now sufficiently different to make it desirable that the House of Lords adopt its own Scrutiny Reserve Resolution, as follows:

      "That -

    (1)  No Minister of the Crown should give agreement in the 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 theTreaty on European Union-

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

    (b)  on which the European Union Committee has made a report to the House for debate, but on which the debate has not yet taken place

    (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 establishing the European Community (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 establishing the European Community (co-operation), agreement to a common position.

    (3)  The Minister concerned may, however, give agreement to a proposal which is still subject to scrutiny or which is awaiting debate in the House -

    (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 the holding of the debate.

    (4)  The Minister concerned may also give agreement to a proposal which is still subject to scrutiny or awaiting debate in 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 Union Committee at the first opportunity after reaching his decision; and

    (b)  in the case of a proposal awaiting debate in the House, to the House at the opening of the debate on the Committee's Report.

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

Recommendation

  Accordingly the Committee recommends:

    —  the terms of reference set out above

    —  the new title set out above

    —  the adoption of the above Scrutiny Reserve Resolution.



1   The Lords Committee's work is underpinned by an undertaking given by the Government that they will not agree in the Council of Ministers to any proposal on which parliamentary scrutiny at Westminster has not been completed. This undertaking was formalised in a House of Commons resolution (the "Scrutiny Reserve Resolution") in 1980. The Resolution was most recently renewed by the Commons on 17 November 1998. There is at present no equivalent Lords resolution. Back


 
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