The European Scrutiny System in the House of

The European Scrutiny System in the House of Commons

Purpose of the scrutiny system • Directly - to influence UK Ministers in the Council • Indirectly - to influence the European institutions, public opinion, business, interest groups

Other EU-related activity • • General EU debates Statements after Council meetings Select committee inquiries Written and oral questions

Principles of the scrutiny system • Specialised committee rather than ‘mainstreaming’ • Examines documents rather than Council meetings • Importance of documents rather than merits • All documents rather than a selection • Separate system in each House

A document-based process • Deposit - within 2 days • Explanatory Memorandum - within 10 days • (Protocol)

Documents covered • Draft Regulations, Directives and Council Decisions • Later stages of legislation • Budgetary documents • Commission Green and White Papers • EMU documents • 2 nd and 3 rd pillar documents • Reports of the Court of Auditors

Explanatory Memoranda • Comprehensive, covering legal base, impact on UK law, subsidiarity, policy and financial implications etc. • One on every document • Constitutes the Minister’s evidence to Parliament • Public document

Unnumbered Explanatory Memoranda

European Scrutiny Committee • 16 Members • Chairman

Role of the European Scrutiny Committee • Assess political and/or legal importance of EU documents, and recommend debates • Be a source of analysis and description • Monitor business in the Council and the lines taken by UK Ministers • Keep EU developments under review • Supervise the scrutiny system

Work of the European Scrutiny Committee • • • Weekly meetings and reports Examines every document 14 staff Deals with documents quickly Occasional oral evidence and general reports • Acts on behalf of the House

Scrutiny Committee’s consideration • Is the document of political or legal importance? • Do we have enough information? • Should it be debated? – If so, Floor or Standing Committee?

Scrutiny Reserve Resolution • Constrains Ministers – from agreeing to any proposal or decision not cleared by the Committee – from agreeing to any proposal or decision awaiting a resolution by the House • Exceptions: – routine or trivial – Committee’s agreement – ‘special reasons’

European Standing Committees • Three committees • Debate documents referred by the European Scrutiny Committee, on a government motion • Core of permanent Members, but any Member may attend , speak and move amendments

Standing Committee proceedings • One hour of questions • 1½ hours of debate • Amendments

Proceedings in the House • Motions without debate • Debates

Other aspects of scrutiny • • • Pre- and post- Council scrutiny General inquiries National Parliament Office Departmental select committees Lords Committee

Areas of change and reform • • • Mechanics of scrutiny system Pre- and post-Council scrutiny Form of debates Involving outsiders Inter-parliamentary links Role of national parliaments in the EU

Summary • Document-based process • Explanatory Memoranda • Scrutiny Committee reports on documents and recommends debates (fast) • Standing Committee and House debates • Scrutiny Reserve resolution • Additional to other forms of accountability • Value depends on Members’ use of it