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© 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
© House of Lords 2014
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).
© House of Lords 2014
The Committee structure• Financial Affairs (‘A’)
• Internal Market (‘B’)
• External Affairs (‘C’)
• Energy and Environment (‘D’)
• Justice (‘E’)
• Home Affairs (‘F’)
© House of Lords 2014
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.
© House of Lords 2014
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.
© House of Lords 2014
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!
© House of Lords 2014
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!
© House of Lords 2014
© House of Lords 2014
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
© House of Lords 2014
Questions?
Contact me:Stuart Stoner
Clerk to EU Select [email protected]
020 7219 5864http://www.parliament.uk/hleu
Follow the Committee on Twitter: @LordsEUCom