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Lord Pearson of Rannoch asked Her Majesty's Government:

Baroness Symons of Vernham Dean: Under the Treaty of Nice 46 Articles were moved to, or were introduced subject to, qualified majority voting:



    appointment of common foreign and security policy (CFSP) special representatives (TEU Art. 23(2)) with emergency brake;


    conclusion of international agreements in order to implement a CFSP joint action of common position, or on matters covered by TEU Titles V and VI for which QMV is required for the adoption of internal decisions or measures (TEU Art. 24);

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    procedure for authorising enhanced co-operation under TEU Title V (TEU Arts. 27(c) & 44) with emergency brake;


    decision to hold in abeyance a member state's request to participate in a CFSP enhanced co-operation activity (TEU Art. 27(e));


    procedure for establishing enhanced co-operation under TEU Title VI, following referral to the European Council (TEU Art. 40a);


    procedure for authorising enhanced co-operation under the Treaty Establishing the Economic Community (TEC), following referral to the European Council (TEC Art. 11);


    incentive measures (excluding harmonisation) to combat discrimination (TEC Art. 13(2));


    provisions facilitating the exercise of the right of citizens of the Union to move and reside within the territory of the member states—with caveats (TEC Art. 18);


    measures establishing standards and procedures for carrying out checks on persons at external borders (following agreement on measures concerning the crossing of such borders) (from 1 May 2004) (Political Declaration on TEC Art. 67);


    measures establishing the conditions under which third country nationals shall have the freedom to travel during a period of no more than three months (from 1 May 2004) (Political Declaration on TEC Art. 67);


    criteria and mechanisms for determining the member state responsible for considering asylum applications (TEC Art. 63(1)(a)), provided that the Council has already unanimously defined common rules and basic principles;


    minimum standards on reception of asylum seekers (TEC Art. 63(1)(b)), provided that the Council has already unanimously defined common rules and basic principles;


    minimum standards with respect to the qualification of third country nationals as refugees (TEC Art. 63(1)(c)), provided that the Council has already unanimously defined common rules and basic principles;


    minimum standards on the procedures in member states for granting or withdrawing refugee status (TEC Art. 63(1)(d)), provided that the Council has already unanimously defined common rules and basic principles;


    minimum standards for giving temporary protection to displaced persons/refugees (TEC Art. 63(2)(a)), provided that the Council has already unanimously defined common rules and basic principles;


    measures on illegal immigration and illegal residence (from 1 May 2004) (Political Declaration on TEC Art. 67);


    measures improving and simplifying co-operation in civil law matters (except family law cases), inc. cross-border service of judicial

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    documents, evidence taking, recognition/enforcement of decisions (TEC Art. 65(a));


    measures promoting the compatibility of the rules applicable in member states concerns the conflict of laws and of jurisdictions (except family law cases) (TEC Art. 65(b));


    measures eliminating obstacles to the good functioning of civil proceedings (except family law cases) (TEC Art. 65(c));


    measures to ensure co-operation between the relevant departments of the administrations of the member states, and between those departments and the Commission, in the areas covered by Title IV (from 1 May 2004) (TEC Art. 66);


    measures in the event of severe difficulties in the supply of certain products (TEC Art. 100(1));


    community financial assistance, under certain conditions, to a member state which is in difficulties or is seriously threatened with severe difficulties caused by natural disasters or exceptional circumstances beyond its control (TEC Art. 100(2));


    measures necessary for the rapid introduction of the euro in member states without a derogation (TEC Art. 123(4));


    negotiation and conclusion of international agreements on trade in services and trade-related aspects of intellectual property (with caveats) (TEC Art. 133(5));


    potentially, measures in some areas of social protection, following agreement by unanimity to move to QMV (TEC Art. 137(2));


    measures supporting the action of member states on industry matters (TEC Art. 157(3));


    specific actions for economic and social cohesion outside the structural funds (Tec Art. 159);


    From 1 January 2007 asks, priority objectives, organisation and rules applicable to the structural funds (TEC Art. 161(1));


    creation of a cohesion fund (delayed deadline) (TEC Art. 161(2));


    economic, financial and technical co-operation with third countries (TEC Art. 181a);


    approval of the MEPs' statute (except rules or conditions relating to the taxation of MEPs) (TEC Art. 190(5));


    laying down regulations governing political parties at European level, inc. funding (TEC Art. 191(2));


    appointment of the Secretary-General and Deputy Secretary-General of the Council (TEC Art. 207(2));

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    extension of the scope of Art. 210 to cover the salaries, allowances and pensions of the members and Registrar of the Court of First Instance (CFI) (TEC Art. 210);


    nomination and appointment of the President and members of the Commission (TEC Art. 214);


    filling a vacancy in the Commission caused by death, compulsory retirement or resignation (TEC Art. 215);


    approval of the European Court of Justice's rules of procedure (TEC Art. 223(6));


    approval of the CFI's rules of procedure (TEC Art. 224(5));


    approval of the Judicial Panels' rules of procedure (TEC Art. 225a(5));


    appointment of the members of the Court of Auditors (TEC Art. 247(3));


    approval of the Court of Auditors' rules of procedure (TEC Art. 248(4));


    appointment of the Economic and Social Committee members (TEC Art. 259(1));


    appointment of the Committee of the Regions members (TEC Art. 263); and


    financial Regulations/rules concerning the responsibility of financial controllers, authorising officers and accounting officers as of 2007 (TEC Art. 279(1)(a&b)).

Under the Treaty of Nice, 16 articles and key sub-articles were made subject to the co-decision procedure:


    incentive measures (excluding harmonisation) to combat discrimination (TEC Art. 13(2));


    measures on the crossing of external borders establishing standards and procedures for carrying out checks on persons at such borders (following agreement on measures concerning the crossing of external borders) (Political Declaration on TEC Art. 62(2)(a));


    measures establishing the conditions under which third country nationals shall have the freedom to travel during a period of no more than three months (from 1 May 2004) (Political Declaration on TEC Art. 62(3);


    criteria and mechanisms for determining the member state responsible for considering asylum applications (TEC Art. 63(1)(a));


    minimum standards on reception of asylum seekers (TEC Art. 63(1)(b));


    minimum standards with respect to the qualification of third country nationals as refugees (TEC Art. 63(1)(c);


    minimum standards on the procedures in member states for granting or withdrawing refugee status (TEC Art. 63(1)(d));


    minimum standards for giving temporary protection to displaced persons/refugees (TEC Art. 63(2)(a));

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    measures on illegal immigration and illegal residence (from 1 May 2004) (Political Declaration on TEC Art. 63(3)(b));


    measures improving and simplifying the system for cross-border service of judicial documents (except family law cases) (TEC Art. 65(a));


    measures promoting the compatibility of the rules applicable in member states concerning the conflict of laws and of jurisdictions (except family law cases) (TEC Art. 65(b));


    measures eliminating obstacles to the good functioning of civil proceedings (except family law cases) (TEC Art. 65(c));


    potentially, measures in some areas of social protection, following agreement by unanimity to move to QMV and codecision (TEC Art. 137(2));


    measures supporting the action of member states on industry matters (TEC Art. 157(3));


    specific actions for economic and social cohesion outside the structural funds (TEC Art. 159); and


    laying down regulations governing political parties at European level, inc. funding (TEC Art. 191(2)).

Turks and Caicos Islands: General Election 24 April 2003

Lord Harris of Haringey asked Her Majesty's Government:

    What has been the outcome of the two petitions filed after the general election in the Turks and Caicos Islands on 24 April 2003.[HL3764]

Baroness Symons of Vernham Dean: Following General Elections in the Turks and Caicos Islands (TCI) on 24 April, which saw the ruling Peoples Democratic Party (PDM) returned for a third term, the opposition Progressive National Party (PNP) filed election petitions against the results in two of the 13 constituencies. On 19 June, the Chief Justice declared the results in both districts void with the result that a fresh election was required in each one. This put the governing PDM in a minority in the Legislative Council. The Chief Minister, the Hon. Derek Taylor, asked the Governor to dissolve the Legislative Council and to call a new general election.

The Governor, acting in accordance with the Constitution of the Turks and Caicos Islands, told the leaders of both parties on 23 June that he was denying both the PDM's request for a new general election and the PNP's request for the immediate appointment of their leader as Chief Minister, and that he would issue writs for by-elections in the two constituencies affected to be held on 7 August.

This was a difficult decision to take. The Governor weighed the arguments carefully. We support the Governor's decision.

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