House of Commons Select Committee on Modernisation of the House of Commons Scrutiny of European Business Second Report of Session 2004–05 Volume II Oral and written evidence Ordered by The House of Commons to be printed 16 March 2005 HC 465-II [Incorporating HC 565 i-v, Session 2003-04] Published on 22 March 2005 by authority of the House of Commons London: The Stationery Office Limited £16.50 The Select Committee on Modernisation of the House of Commons The Select Committee on Modernisation of the House of Commons is appointed by the House of Commons to consider how the practices and procedures of the House should be modernised. Current membership Mr Peter Hain MP (Labour, Neath) (Chairman) Ann Coffey MP (Labour, Stockport) Barbara Follett MP (Labour, Stevenage) Mr Oliver Heald MP (Conservative, North East Hertfordshire) Mr David Kidney MP (Labour, Stafford) Martin Linton MP (Labour, Battersea) Mr Patrick McLoughlin MP (Conservative, West Derbyshire) Anne Picking MP (Labour, East Lothian) Mr Peter Pike MP (Labour, Burnley) Joan Ruddock MP (Labour, Lewisham Deptford) Mr Martin Salter MP (Labour, Reading West) Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills) Mr Andrew Stunell MP (Liberal Democrat, Hazel Grove) Mr Paul Tyler MP (Liberal Democrat, North Cornwall) Sir Nicholas Winterton MP (Conservative, Macclesfield) The following Members were also members of the Committee during the Parliament: Mr Andrew Mitchell MP (Conservative, Sutton Coldfield) Mr David Cameron MP (Conservative, Witney) Mr Greg Knight MP (Conservative, East Yorkshire) Dr John Reid MP (Labour, Hamilton North & Bellshill) (Chairman) Caroline Flint MP (Labour, Don Valley) Mr Robin Cook MP (Labour, Livingston) (Chairman) Mrs Lorna Fitzsimons MP (Labour, Rochdale) Mr John M. Taylor (Conservative, Solihull) Powers The powers of the Committee are set out in an Appendix to the House of Commons Standing Orders. These are available on the Internet via www.parliament.uk. Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at http://www.parliament.uk/modcom. Committee staff The current staff of the Committee are George Cubie and Tom Healey (Clerks), Susan Morrison (Chief Office Clerk) and Jane Cooper (Secretary). Contacts All correspondence should be addressed to the Clerk, Select Committee on Modernisation of the House of Commons, Journal Office, House of Commons, London, SW1A 0AA. The telephone number for general enquiries is 020 7219 3318; the Committee’s email address is [email protected] Witnesses Wednesday 5 May 2004 Page Mr Jimmy Hood MP and Mr Dorian Gerhold, Clerk of European Scrutiny Ev 14 Committee Wednesday 23 June 2004 Rt Hon David Heathcoat-Amory MP and Ms Gisela Stuart MP Ev 32 Wednesday 14 July 2004 Dr Richard Corbett MEP, Mr Timothy Kirkhope MEP, Mr Chris Huhne MEP Ev 46 and Dr John Whittaker MEP Wednesday 8 September 2004 Hon Mrs Gwyneth Dunwoody MP and Rt Hon Michael Jack MP Ev 61 Wednesday 15 September 2004 Mr Roger Sands, Clerk of the House and Mr Liam Laurence Smyth, Clerk of Ev 90 Delegated Legislation List of written evidence 1 European Scrutiny Committee (ESC) Ev 1 2 Supplementary submission from European Scrutiny Committee (ESC) Ev 24 3 Rt Hon David Heathcoat-Amory MP Ev 31 4 Ms Gisela Stuart MP Ev 31 5 Mr Chris Huhne MEP Ev 43 6 Hon Mrs Gwyneth Dunwoody MP Ev 59 7 Rt Hon Michael Jack MP Ev 60 8 Supplementary submission from Hon Mrs Gwyneth Dunwoody MP Ev 74 9 Mr Roger Sands, Clerk of the House of Commons Ev 79 10 Note by the Clerk of the Committee Ev 97 11 Mr Bill O’Brien MP Ev 106 12 Mr Colin Challen MP Ev 107 13 Mr Stephen McCabe MP Ev 107 14 Brian White MP Ev 107 15 Rt Hon Alan Williams MP Ev 107 16 Corporation of London Ev 109 17 Foreign Affairs Committee Ev 112 18 Mr Jim Cousins MP Ev 118 19 Procedure Committee Ev 118 20 Mr Richard Allan MP Ev 120 21 British Bankers’ Association Ev 121 22 Supplementary Government Memorandum Ev 122 23 Dr Doug Naysmith MP Ev 123 24 Lawrie Quinn MP Ev 124 25 Norman Lamb MP Ev 124 26 Dr Nick Palmer MP Ev 125 27 CBI Ev 126 28 Mr Kelvin Hopkins MP Ev 129 29 UK National Parliament Office Brussels Ev 130 30 Jonathan Evans MEP Ev 134 31 Derek Wyatt MP Ev 135 32 Letter from Mr Jimmy Hood MP, Chairman, European Scrutiny Committee Ev 135 33 Note from the Clerk, European Scrutiny Committee Ev 136 34 Letter from the Chair, European and External Affairs Committee, National Assembly for Wales Ev 139 35 Note from UK House of Commons IPEX Correspondent Ev 139 36 Note from the Clerk of Delegated Legislation Ev 140 37 Letter from the Chairman, Modernisation Committee to the President, European Commission Ev 146 38 Letter from the President, European Commission to the Chairman, Modernisation Committee Ev 147 976842PAG1 Page Type [SO] 17-03-05 00:41:59 Pag Table: COENEW PPSysB Unit: PAG1 Select Committee on Modernisation of the House of Commons: Evidence Ev 1 Oral evidence Taken before the Select Committee on Modernisation of the House of Commons on Wednesday 5 May 2004 Members present: Mr Peter Hain, in the Chair Ann CoVey Mr Peter Pike Barbara Follett Joan Ruddock Mr Oliver Heald Mr Richard Shepherd Mr David Kidney Mr Paul Tyler Martin Linton Sir Nicholas Winterton Mr Patrick McLoughlin Submission from European Scrutiny Committee (ESC) Introduction 1. We welcome the Modernisation Committee’s inquiry into scrutiny of European matters in the House of Commons, and are pleased that the Government wishes to improve the way in which Parliament engages with European matters. We note that the Leader of the House hopes the Modernisation Committee will work with us in developing its proposals, and we will be happy to provide the Modernisation Committee with any assistance we can. 2. It is important to emphasise at the outset that the main purpose of the scrutiny system in the Commons is to make UK Ministers accountable for their activities in the Council. The scrutiny system may have other benefits, such as additional information for Members, the media and the public and influence on European institutions, but ministerial accountability is fundamental, and any proposals to change the system must be judged primarily by that yardstick. 3. We agree with the Leader that “European issues . should be in the mainstream of our political life”.1 and hope that the Modernisation Committee’s proposals will contribute to this and encourage more Members to participate in the House’s EU-related activities. However, many EU proposals are detailed and technical, and are never likely to interest more than a small minority; some EU matters will be suitable for “mainstreaming”, but many will not. 4. In order to mainstream EU matters in the House, it will be necessary to provide new incentives for Members to be actively involved in them, as well as to ensure they have easy access to relevant information. Such incentives could include greater ability to question Ministers and influence them, more control by the House over the Government’s policies in the EU, direct access by Members to EU policy-makers such as Commissioners, more time on the Floor of the House devoted to EU matters, and greater public and media attention to the House’s EU-related activities. 5. We emphasise the need to ensure eVective publicity for the House’s EU-related activities, including those in Standing Committees, and comment below on the resources which may be necessary for this. Members are more likely to attend debates if people outside the House are paying attention to them, and better links with the public and the media will add value in themselves, especially with regard to the Government’s objective of increasing national parliaments’ role in the EU in order to contribute to the legitimacy of the EU.2 Other advantages could include demonstrating that the Commons actively scrutinises EU legislation, making the public better-informed, helping to reconnect citizens and the EU and, in our case, increasing the range of advice we receive. The two preconditions are that the House should have suYcient ability to question and influence Ministers to make lobbying it worthwhile, and that people should be able to find out quickly and easily what EU matters are being considered in the Commons. 6. We also draw attention to the sheer quantity of EU legislation which passes through the House. We consider every document at our weekly meetings on the basis of briefing from our staV, but only a very small number is recommended for debate. In 2003, 1,080 documents were deposited, 535 were deemed of political and/or legal significance and were reported on, and 48 were recommended for debate, giving rise to 26 debates in European Standing Committees and one on the Floor (in some cases covering several documents). Our sifting role will remain essential whatever steps are taken towards mainstreaming. 1 HC 508, 2003–04, para 2. 2 See Thirtieth Report of the European Scrutiny Committee, European scrutiny in the Commons, 2001–02, HC 152–xxx, para 2. 9768421001 Page Type [E] 17-03-05 00:41:59 Pag Table: COENEW PPSysB Unit: PAG1 Ev 2 Select Committee on Modernisation of the House of Commons: Evidence 7. When this paper refers to “the scrutiny system” we mean the document-based system of scrutiny involving ourselves, the European Standing Committees and occasionally the Floor of the House—not the House’s wider opportunities to consider EU matters, such as Question Time in the Chamber, adjournment debates in Westminster Hall and the policy debates proposed for the European Grand Committee.