Download - Parliament explained | European scrutiny | House of Lords 29 October 2015

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Page 1: Parliament explained | European scrutiny | House of Lords 29 October 2015

© House of Lords 201413 October 2015

The scrutiny of EU documents in the House of Lords

Stuart StonerClerk to the European Union Select Committee

Lords EU Committee scrutiny adviser

Page 2: Parliament explained | European scrutiny | House of Lords 29 October 2015

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The Committee structure

• EU Select Committee – “Select”

• Chaired by Lord Boswell of Aynho, since 2012-13 Session.

• Six (formerly seven) Sub-Committees

• Each Sub-Committee has (normally) 12 members: 4/3/3/2 division

• Rotation rule: Each member serves three sessions (Chairman longer).

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The Committee structure• Financial Affairs (‘A’)

• Internal Market (‘B’)

• External Affairs (‘C’)

• Energy and Environment (‘D’)

• Justice (‘E’)

• Home Affairs (‘F’)

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The Committee structure

• Overlaps with, but does not match, Government departmental structure

• E.g. Agriculture, Fisheries, Environment and Energy looks largely at DEFRA and DECC.

• Sub-Committees meet weekly when the House of Lords is sitting. E.g. Justice Sub-Committee meets 4.00pm-6.00pm on Wednesdays and circulates papers on Thursday afternoon.

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The Committee staff

• Clerk – lead official, responsible for procedure

• Policy Analyst – policy expertise, researcher

• Committee Assistant – administrative work

• Legal Advisers (across all sub-committees)

• Clerks and Committee Assistants tend to rotate, Policy Analysts tend not to.

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Committee work• Inquiries – The UK's Title V Opt-in; the

EU’s financial regulatory framework; the EU and Russia; the EU alcohol strategy; the civil use of drones; regional marine co-operation; the role of national parliaments in the EU.

• One-off hearings – scrutiny overrides; financial secretary to the Treasury on the EU Budget; EU Commissioners; the Minister for Europe and the Select Committee.

• Scrutiny!

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Which items are ‘depositable’?• Non-legislative documents:

– Communications; Green Papers/ White Papers; Reports, Commission working papers, strategy documents

• Legislative proposals:– Draft directives– Draft regulations

• Other documents: Delegated/ implementing legislation,

“C” documents.• If in doubt, ask the Clerk!

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Special cases• Override• Scrutiny waiver• Opt-in

– Freedom, security and justice– An extra layer of scrutiny – Parliament should

have the opportunity to comment on the exercise (or otherwise) of the opt-in

– 8 week rule• Delegated or implementing legislation

– EU subordinate legislation– Delegated legislation: consult the Clerk

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Questions?

Contact me:Stuart Stoner

Clerk to EU Select [email protected]

020 7219 5864http://www.parliament.uk/hleu

Follow the Committee on Twitter: @LordsEUCom