©Parliamentary copyright 3/01 H O U S E o f L O R D S House of Lords The European Union Committee

©Parliamentary copyright 3/01 H O U S E o f L O R D S The European Union Committee  First established in 1974 to consider proposals for Community legislation.  Terms of reference are: ‘ to consider European Union documents and other matters relating to the European Union’.

©Parliamentary copyright 3/01 H O U S E o f L O R D S The Committee has seven sub-committees Economic and Financial Affairs and International Trade (A) Internal Market (B) Foreign Affairs, Defence and Development Policy (C) Environment and Agriculture (D) Law and Institutions (E) Home Affairs (F) Social and Consumer Affairs (G)

©Parliamentary copyright 3/01 H O U S E o f L O R D S Membership  70 members of the House on sub-committees  Of whom 18 at present on the select committee  About 10% of the total membership of the House of Lords and perhaps 15-20% of the active membership  Supporting Staff over 20

©Parliamentary copyright 3/01 H O U S E o f L O R D S What’s the point? National parliamentary scrutiny of EU legislation has a clear constitutional purpose. Scrutiny at an early stage is therefore essential and must be as effective as possible. (Scrutiny review paragraph 13)

©Parliamentary copyright 3/01 H O U S E o f L O R D S To that end, scrutiny should include:  The accumulation, presentation and summary of relevant material, including information, statistics, explanation and analysis.  The provision of information to the House and to the public as a contribution to transparency.  Drawing the attention of the House, the Government, European institutions and the public to significant matters contained within that information and in particular making recommendations—"focusing the debate".  Contributing to the law-making process by detailed analysis of draft texts, by exposing difficulties and proposing amendments.  An examination of the Government and its role in agreeing European legislation and, as part of that process, compelling the Government not only to think through what it is doing or has done but sometimes to account for it.  An examination of the Commission and the policies it formulates

©Parliamentary copyright 3/01 H O U S E o f L O R D S Meetings  Select Committee - almost once a week  Sub-Committees - usually once a week  Not often in recesses!

©Parliamentary copyright 3/01 H O U S E o f L O R D S Documents Considered  Over 1000 deposited annually by Government  Many Legislative proposals  Green and White papers  Commission Annual Work Programme

©Parliamentary copyright 3/01 H O U S E o f L O R D S The Explanatory Memorandum  Submitted by Department on date  Subject Matter  Ministerial Responsibility  Legal and procedural Issues  Subsidiarity  Policy Implications  Regulatory Impact Assessment  Financial Implications  Consultation  Timetable  Minister’s Signature

©Parliamentary copyright 3/01 H O U S E o f L O R D S The Chairman’s Sift  About 25% referred to sub-committees for examination  Advice: –Clerk of Sub-Committee –Legal Adviser and legal Assistant –European Policy Advisers –Clerk to Select Committee

©Parliamentary copyright 3/01 H O U S E o f L O R D S The Sift  Three Options: –Clear from Scrutiny –send to Sub-Committee for information –send to Sub-Committee for Examination

©Parliamentary copyright 3/01 H O U S E o f L O R D S Sub-Committee Options  Clear from Scrutiny after discussion  Write to relevant Minister seeking clarification  Invite Minister/officials to speak to Committee – short inquiry?  Start substantial inquiry

©Parliamentary copyright 3/01 H O U S E o f L O R D S Correspondence  About 300 letters a year between Ministers and Committee  All published every six months  Aim for internet publication of significant correspondence once sent

©Parliamentary copyright 3/01 H O U S E o f L O R D S Substantial Enquiries  Call for evidence from interested parties e.g. –Government –European Institutions –Industry –Trades Unions –Pressure Groups –Academics –NGOs

©Parliamentary copyright 3/01 H O U S E o f L O R D S Substantial Inquiries  Written evidence  Oral Evidence  Civil Servants from Department  Minister  Commission Officials  MEPs

©Parliamentary copyright 3/01 H O U S E o f L O R D S Substantial Reports  About 25 a year across a wide range of topics  Recent Examples –Working time –Constitutional treaty –Climate Change –Development Aid –Fraud –World Trade Organisation –Immigration –Financial Services

©Parliamentary copyright 3/01 H O U S E o f L O R D S Substantial Reports  Examine merits of proposals considered and present views of witnesses on them  Prepared by Sub-Committee and approved by Select Committee  For Information/Debate in the House  Government Response within two months

©Parliamentary copyright 3/01 H O U S E o f L O R D S The Scrutiny Reserve  No minister should give agreement in Council to any proposal for E.C. legislation……. –(a) Which is still subject to scrutiny (that is, on which the E.U.committee has not completed its scrutiny): –(b) on which the E.U. Committee has made a report to the House for debate, but on which the debate has not yet taken place.

©Parliamentary copyright 3/01 H O U S E o f L O R D S The Scrutiny Reserve  Minister can override if proposal is confidential, routine or trivial or is substantially the same as a proposal on which scrutiny has been completed; or if E.U. Committee has agreed  Minister may also give agreement to proposal still subject to scrutiny if decides that for special reasons agreement should be given: but must explain reasons- –in every case to E.U. committee at first opportunity –in case of debate, to House at opening of debate

©Parliamentary copyright 3/01 H O U S E o f L O R D S The Select Committee  Sees Minister for Europe after European Councils and Foreign Minister/ Ambassador of incoming Presidency  Each year, produces Annual Report and report on Commission’s Work Programme  Oversees Sub-Committee work (Activity reports)  Occasionally produces other substantive reports –A second Parliamentary Chamber for Europe: an unreal solution to some real problems. –Draft Constitutional Treaty –Review of Scrutiny

©Parliamentary copyright 3/01 H O U S E o f L O R D S Publications  Weekly Bulletin  Progress of Scrutiny  Correspondence with Ministers  Information on internet

©Parliamentary copyright 3/01 H O U S E o f L O R D S What we don’t do  Follow translation into UK law  Follow effects of implementation Committee does intend to work closely with new Committee on merits of Statutory Instruments.

©Parliamentary copyright 3/01 H O U S E o f L O R D S The need for continuing improvement In 2002 the Committee conducted a wide ranging review of scrutiny and made over 60 recommendations for change. These are being implemented gradually as resources permit To quote the Chairman Lord Grenfell: I hope that no one in this House would take the view that a system of scrutiny to which so many of your Lordships—over 70, in fact—devote so much of your time is not capable of continuing improvement.

©Parliamentary copyright 3/01 H O U S E o f L O R D S Changes underway: scrutiny  Enhanced scrutiny during co-decision  Scrutiny of comitology  Scrutiny of RIAs  Scrutiny of devolution and human rights  Scrutiny of budget (Sub-Committee A)  GAERC scrutiny (Sub-Committee C)

©Parliamentary copyright 3/01 H O U S E o f L O R D S Changes underway - process  short and more focussed inquiries  more follow-up  better provision for debates in the House  enhanced monitoring of scrutiny overrides  joint working with the Commons  subsidiarity mechanism?

©Parliamentary copyright 3/01 H O U S E o f L O R D S Changes for the future: administration  Enhanced contacts with EP and other national parliaments  Enhanced information: –National parliament office (Brussels): Richard McLean –Press and Publicity action plan –Website –Newsletter –Annual report –Information to Peers – how?

©Parliamentary copyright 3/01 H O U S E o f L O R D S QUESTIONS? Any questions? Any observations?