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EU Committee: Scrutiny Reserve

Volume 693: debated on Monday 18 June 2007

asked the Leader of the House:

Whether, in light of the number of occasions on which the European Union Committee scrutiny reserve has been over-ridden in recent years, she has proposals to change the procedures relating to the reserve.

My Lords, no. The scrutiny reserve exercises an important discipline on the Government, which they do not override lightly. Whenever the Government override the scrutiny, the responsible Minister accounts for it to the committee and the House, as required by the scrutiny reserve resolution. The Government continue to work with the European Union Committee to improve the management of the scrutiny process to minimise the risk of an override.

My Lords, does not a 7 per cent rate of over-ride perhaps indicate that we are not being as effective as we might be, or that the Government are not being as co-operative as they might be, in making sure that we give proper scrutiny to European legislation? If that is not so and these over-rides are justified, might we ask committee chairmen to say so in their reports, rather than leaving us to speculate that we are falling down on the job?

My Lords, my understanding is that the rate of over-rides in this House is about 6 per cent. It is not always possible to synchronise the Westminster and Brussels timetables, particularly where you have fast-moving instruments. I understand from being briefed on the Question that 25 per cent of recent over-rides have been in the area of common foreign and security policy and that 20 per cent occurred during the parliamentary Recess. The Government are in constant discussion with the chairs of the European Union Committee and its sub-committees, because it is important that the process works not only for Parliament but also for the Government.

My Lords, does the Leader of the House agree that every time the Government sign up to something in Brussels while it is still under scrutiny by a Select Committee, they are asserting that it is more important to stick to a timetable set in Brussels than to honour their undertakings to this House? That is what we are really talking about. Of the 22 over-rides that took place when Britain had the presidency and some control over the agenda, how many related to matters that were urgent and brooked no delay? If they were not urgent, why did Britain proceed with them?

My Lords, I am pleased to report to the House that the European Union Committee and the Government see this as a joint responsibility. For example, the committee has acknowledged that it has a responsibility to help to prevent unnecessary over-rides in the way in which it manages its work. It has also accepted that there have been difficulties when Parliament is in recess. Noble Lords will know that in this House the noble Lord, Lord Grenfell, does a sift during the Recess precisely to prevent that kind of thing happening. So it is a joint responsibility between the committee and the Government; it is not a one-way street.

My Lords, I think that I heard my name mentioned a moment ago. Does the noble Baroness agree that, since the Cabinet Office decided about two and a half years ago to publish which department was responsible for each over-ride, the figures show that the so-called naming and shaming has occasioned a downward trend in the number of over-rides, which is very satisfactory? Does she accept that there are occasions when it is perfectly understandable why there should be an over-ride, because individual Council formations have a habit of changing their programmes and timetables and sometimes it is not possible to meet them? Does she further agree that the fact that the European Union Committee publishes in its annual report a full list of the over-rides and the reason for them has made the whole system much more transparent?

My Lords, I entirely agree with the noble Lord, Lord Grenfell, that the system is much more transparent and that there is greater accountability. I think that the publication of individual departments helps the process. It also helps that individual departments plan more appropriately than they have in the past. However, I also agree with the noble Lord that there are occasions when over-rides will happen.

My Lords, would it not be helpful if we in this country—Parliament and government—adopted the Danish system, which mandates Ministers before they come to decisions rather than agreeing or disagreeing with them after the decisions have been made?

My Lords, I think that we all accept that, in negotiations, it is important that Ministers have a degree of flexibility.

My Lords, does the Minister agree that prompt responses from the Government to the European Union Select Committee of the House of Lords would assist in reducing the number of over-rides? Is she aware that the committee has recently experienced long delays in replies to this correspondence?

My Lords, I was not aware that there was a significant issue with respect to responding to correspondence from the EU Select Committee. I am happy to look at that in detail and report back to the House.

My Lords, can the Minister tell the House when the scrutiny committees of either House have made any difference to the relentless progress of European integration over the past 30 years? Will she confirm that the scrutiny committees can only do just that: they can scrutinise, debate and report but, after a matter may have been debated, the reserve is automatically lifted? Dare I ask her what the point is of the whole exercise?

My Lords, I think that Members of this House would agree that the point of the whole exercise is that Parliament has an important and valuable role to play in this process. We all know that the decision taken by the people of this country when they agreed through a referendum our membership of the European Community is not one with which the noble Lord concurs.

My Lords, can the Leader of the House confirm that in one of the areas to which she referred where there are rather a lot of over-rides—that of common foreign and security policy—there have recently been improvements in the scrutiny procedures, with new instructions circulated in the Ministry of Defence? Does she agree that it would be wise to consider that again after a year or so to see whether it is reducing the number of over-rides?

My Lords, I am very happy to agree with that proposal. We should look at all ways of continuing to improve the scrutiny process. Where appropriate, we should review those mechanisms because, as I said in answer to an earlier question, this is about a partnership between the European Union Committee and the Government.

My Lords, can the Leader of the House confirm that there is a great deal of public confidence in the scrutiny procedures, not least as carried out by this House? Does she agree that, in dealing with questions of Europe, Parliament is the best forum for examining and judging those issues?

My Lords, of course Parliament is a very important forum for examining these issues. I entirely agree with the noble Lord, Lord McNally, that the European Union Committee not only has an extremely valuable role to play but is extraordinarily well respected, not only in this House but elsewhere, because of the way in which it carries out that role.

My Lords, although I am sure that my noble friend cannot possibly have the figures in the papers in front of her, will she confirm that, in general terms, the influence of the European Union Committee and sub-committees has been significant and that, more often than not, the Government have accepted the bulk of the various committees’ recommendations, which in turn have influenced the way in which the Government negotiate in Brussels?

My Lords, I confirm that the committee has a great deal of influence. The Government always look very carefully at its proposals and recommendations because of the experience and expertise of its members.

My Lords, I have absolutely no idea from the figures in front of me, but given how we conduct our business in the European Union I expect that we are doing very well.

My Lords, does the Leader of the House agree that the referendum held in the 1970s was on our remaining in a common market of some six countries, which is totally different from the European Union as it is today?

My Lords, the European Union of today, which is a union of 27 countries rather than six, is of course very different, but the benefits of membership of the European Union are understood by the vast majority of people in this country.

My Lords, as the Minister was good enough to mention the referendum of 1975, when, as my noble friend said, the British people voted to stay in what they were assured was a common market, will she say whether we gain any small light of hope that the Government may be contemplating a referendum on what is about to be signed up to next weekend and at the subsequent intergovernmental conference?

My Lords, the noble Lord should know better than to read into what I say today what I will be saying specifically in response to questions on the Statement that I shall repeat next week; I have no doubt that he will be here then. The Government’s position on the constitutional treaty is absolutely clear. We are in the midst of negotiations, and I know that the noble Lord would not expect me to pre-empt their outcome in any way.