Presentation Slides Parliament explained | European scrutiny | House of Lords 29 October 2015

1. © House of Lords 201413 October 2015
The scrutiny of EU documents in the House
of Lords
Stuart Stoner
Clerk to the European Union Select Committee
Lords EU Committee scrutiny adviser

2. © 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).

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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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9. © 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

10. © House of Lords 2014
Questions?
Contact me:
Stuart Stoner
Clerk to EU Select Committee
stoners@parliament.uk
020 7219 5864
http://www.parliament.uk/hleu
Follow the Committee on Twitter: @LordsEUCom