Subordinate Legislation Committee

Inquiry into the scrutiny of subordinate legislation and delegated powers

Consultation Response
SLC 12(ii) - European and External Affairs Committee

EUR(3)-01-09 : Paper 5 : 20 January 2009

Strategic approach and forward work planning - January 2009

1.The purpose of this paper is to describe ways for the Committee to function and propose a strategic direction and planning procedure for the Committee.  A forward work plan based on these principles will be presented separately.

2. The paper proposes 4 overarching strategic themes to guide the Committee’s approach (the WHAT) and then explains a procedure for developing and managing a work plan (the HOW).  It is proposed that the core of the forward work plan is a menu of topics based on the European Commission’s work programme, and that significant issues are added to the menu throughout the year based on intelligence from Brussels and other high priority ad-hoc issues that arise and may be of significance to Wales.  The work plan menu can then inform the Committee’s activity over the work year.

Strategic themes

3. The Committee’s proposed strategic themes are:

• Scrutiny of WAG

• Pursuing key strategic EC proposals

• Monitoring specific ongoing European legislative proposals, including their subsidiarity implications

• Understanding and participation

4. More detail is presented in the table below.

Inquiry phase

5. Once an issue has been chosen, EEAC will examine available evidence and form an agreed position.

6. Evidence should be sought from the relevant WAG Minister to ascertain the government position and receive a report on the UK government position (for European issues).  WAG’s position can be cross referenced with other parliaments’/executives’ positions (if available) and evidence collected from key stakeholders from across the European Union (as relevant) including MEPs and others such as local government, industry, advocacy groups, etc.  This will enable EEAC’s position to be formulated after a balanced assessment of the available evidence.

Influencing options

7. There are 4 key channels through which EEAC can influence the EU decision making process:

The European Commission

8. EC proposals are formed at the beginning of the EU decision making process as Green Papers and then White Papers or a communication setting out policy options and inviting responses.

9. This is an ideal point for the Committee to influence the EC which is the main player in the decision making process as it is the stage at which significant changes can be made to proposals.

10. Sometimes the Committee may have chosen to examine an issue that is past the Green Paper/White Paper stage.  In this case, influencing the EC directly through this channel will not be possible.

The European Parliament

11. The degree of influence of the EP is related in large part to the formal procedure applying to a particular piece of legislation. Under the Codecision Procedure, which applies to most EU legislation, a legislative proposal cannot be adopted without the agreement of the EP. This contrasts with the Consultation Procedure (which still applies to the Common Agricultural Policy, for example), where the EP is consulted and gives its opinion on a proposed legislation, with the Council of Ministers required to hear the EP opinion but not necessarily take on board any proposed amendments or suggestions from the EP, before taking a final decision to approve a piece of legislation.

12. EP assigns an EC proposal to the relevant subject committee which appoints one of its members as a rapporteur to draw up the Parliament’s response.  The lead EP committee has a procedure for developing its position on the proposal which is then considered at the plenary session of the Parliament where it is finally adopted.

13. There is an opportunity for EEAC to feed back to the rapporteur directly during this process which can take between a few months to over a year.  EEAC’s position could be strengthened by gaining support of the Welsh MEPs and other MEPs that are willing to support the position.

14. Gaining support from the Welsh MEPs is important because although they may not sit on the lead committee for the proposal, they are able to table amendments to reports being considered by any European committees, and through discussions with their political colleagues, they can potentially influence the party line taken by EP’s political groups when it comes to the vote in the committee.

15. The Committee of the Regions (CoR) also feeds into the EP’s consideration process, so is another avenue through which we can seek to promote EEAC’s position.

Council of Ministers

16. There are 2 routes to influencing the Council: through WAG which feeds into the UK Rep position and through the House of Lords and the House of Commons.  

17. The Lords and Commons have an agreement with the UK government called 'scrutiny reserve’ that nothing will be agreed by the UK government in Council until it has been cleared by Parliament (bar exceptional circumstances and when this happens, the relevant Minister must explain their reasons to the European Scrutiny Committee).  Both houses are open to EEAC presenting them with views on EC proposals.

Committee of the Regions

18. The CoR is not a formal "EU Institution”, however, the Treaty of the European Union sets out a wide range of policy areas where the CoR must be consulted for its opinion, which it feeds into the formal EU Institutions (Council, Parliament and Commission). For each legislative proposal the CoR appoints a rapporteur, who presents a report to the relevant CoR "Commission” (Committee), which then goes to Plenary for formal adoption. The CoR must "lobby” the other EU Institutions for its views to be taken on board, and also work through other formal and informal networks as another route to apply influence. Wales has four representatives on the CoR, two full members and two alternates. The National Assembly for Wales is represented by Christine Chapman (full member) and Nerys Evans (alternate). The WLGA has the other two places.

EU networks

19. Reports produced by EEAC can also be disseminated to a wide range of formal and informal EU lobbying networks in Brussels and across the EU, as part of the process of trying to influence the policy debate and ensure EEACs views are heard. Examples of such networks include CALRE, REGLEG, the Conference of Peripheral and Maritime Regions, Eurocities, Eurochambres, Assembly of European Regions, as well as the plethora of local, regional and national representations based in Brussels, and industrial/sectoral lobbyists.

20. The influencing route chosen by EEAC once it has formed its position on a proposal depends on the stage in the EU decision making process the proposal is at and an assessment by EEAC secretariat and agreement of the Committee of what are the most appropriate channels to use

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