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The European Scrutiny System in the House of Commons

This article provides an overview of the European scrutiny system in the House of Commons, including its purpose, principles, document-based process, role of the European Scrutiny Committee, scrutiny reserve resolution, European Standing Committees, and other aspects of scrutiny. It also discusses areas of change and reform in the system and the role of national parliaments in the EU.

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The European Scrutiny System in the House of Commons

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  1. The European Scrutiny System in the House of Commons

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

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

  4. 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

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

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

  7. 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

  8. Unnumbered Explanatory Memoranda

  9. European Scrutiny Committee • 16 Members • Chairman

  10. 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

  11. 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

  12. 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?

  13. 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’

  14. 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

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

  16. Proceedings in the House • Motions without debate • Debates

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

  18. 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

  19. 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

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