The European Scrutiny System

EU Scrutiny in the CommonsAmelia AspdenSecond Clerk of the European Scrutiny Committee

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The purpose of the scrutiny systemTo ensure the Commons has the chance to influence UK Ministers on EU proposals To hold UK Ministers to account for their activities in the Council of MinistersTo provide an additional source of analysis and opinion about EU legislative proposals, and to highlight flawsTo increase transparency of how business is transacted in the EU Institutions (scrutiny reserve)An important role in policing the principle of subsidiarity

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Commons EU Scrutiny: a documents based systemExplanatory MemorandumEuropean Scrutiny CommitteeScrutiny reserveDebate

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European Scrutiny Committee16 Members, cross-partyMain role is to sift EU Documents on behalf of the HouseCommittee considers briefing, analysis and recommendations provided by Committee staffReports on EU Documents it considers legally and/or politically importantRecommends the most significant for debate in European Committee or on the Floor. NB the Government Whips decide when those debates take place!

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Departments Explanatory MemorandaSubmitted within 10 working days of deposit of an EU Document, and made publicly availableComprehensive, covering legal base, impact on UK law, subsidiarity, policy and financial implications etc.Cabinet Office guidanceAn EM should be able to be read without additional background documentationIt should tell us what the Governments view is on a proposal, as well as about the proposal itself, and its potential implications on the UK

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Scrutiny Reserve ResolutionConstrains Ministersfrom giving agreement to any proposal or decisions not cleared by the Committeefrom giving agreement to any proposal or decision awaiting agreement by the HouseExceptions: routine or trivial; Committees agreement; special reasonsSix-monthly reports from the Cabinet Office detailing overridesOral evidence sessions following overrides

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European CommitteesThree committees: A, B and CDebate documents referred by the European Scrutiny CommitteeAd Hoc members, but ESC and relevant DSC expect to be representedESC member introduces the document and the reasons for debate1 hour of questions1 hours of debate

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Document lists and debate packsFor debates recommended by the Scrutiny Committee, it is the responsibility of the relevant government Department to compile the index of documents relevant to the debateDebate packs are in 3 sections: Documents referred to in the Motion, Documents the Department considers relevant, and Documents the Scrutiny Committee considers relevant.Guidance available from the Scrutiny Committee

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Useful resourcesEuropean Scrutiny Committees websiteWeekly Reports; Ministerial correspondence, current inquiries and oral and written evidenceEuropean Business in the Commons Order Paper Outstanding and scheduled debatesCabinet Office: European Memoranda guidance for DepartmentsEU Institutions and Legislation (short guide by ESC staff)European scrutiny system in the Commons (short guide by ESC staff)

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