Balance of Competences (Review)

Lord Hague of Richmond Excerpts

Thursday 27th March 2014 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)]

My written ministerial statement of 13 February 2014, Official Report, column 76 WS updated the House on progress with the review, on publication of the second set of reports. I wish to inform the House today of the launch of semester four of the review. This is the final semester in the review that I launched in July 2012 and, which will conclude by the end of the year.

Calls for evidence for the seven reports in the fourth (and final) semester cover: economic and monetary policy; information rights; police and criminal justice; education; enlargement; voting, consular and statistics; and subsidiarity and proportionality. The call for evidence period for these reports will open from 27 March and close the week of 30 June 2014.

The Foreign and Commonwealth Office has overall responsibility for the reports covering enlargement and subsidiarity and proportionality, and joint responsibility for the report on voting, consular and statistics. Lead Ministers for each of the other reports will be informing the House separately of the publication of their calls for evidence.

The Enlargement report—will assess the balance of competences between the EU and the UK in the field of enlargement of the European Union, including the impact of enlargement on UK interests, the development and effectiveness of the EU enlargement process and lessons learned from previous enlargements, the role of the member states and EU Institutions in the process, the use of conditionality and of financial and technical assistance, and future challenges and opportunities that enlargement will bring.

The Subsidiarity and Proportionality report—covers the concepts of subsidiarity and proportionality which are fundamental principles to the functioning of the EU. It will address how these are used and applied in practice across EU activity: whether the EU acts only when necessary, and whether action takes place at the lowest level possible, and that the means are proportionate to the end. The report also covers article 352 which provides the EU with the power to act to achieve any of the objectives laid down by in the EU treaties where no other treaty article so provides, including the use and impact of the procedural safeguard provisions on competence.

The Voting, Consular and Statistics—review covers three policy strands each led by the relevant Department: Cabinet Office (voting), the Foreign and Commonwealth Office (consular) and the national statistician on behalf of the UK Statistics Authority (statistics). The voting strand seeks views on the balance of competences on subjects including how to vote and stand as a candidate at elections, the franchise and EU democratic engagement initiatives (such as the European citizens’ initiative). The consular strand will consider the EU’s limited competence in consular services, which extends to the co-ordination of efforts between member states and the requirement for member states to treat unrepresented EU citizens, in consular matters, in the same way as they would treat their own nationals. The statistics strand of the review looks at EU competence to require statistical reports, and how that impacts issues such as data collection, respondent burden and the level of demand for information at a time of resource pressure.

The FCO, along with the Cabinet Office and Statistics Authority will take a rigorous approach to the collection and analysis of evidence. Each call for evidence sets out the scope of the reports and includes a series of broad questions on which contributors are asked to focus. The evidence received (subject to the provision of the Data Protection Act) will be published alongside the final report, which is due to be published by the end of 2014, and will be available on the Government website: www.gov.uk.

It is important to encourage a wide range of interested parties to contribute to ensure objective and evidenced based reports. The FCO will therefore pursue an active engagement strategy, consulting widely across Parliament, the devolved Administrations, think-tanks, business and civil society in order to obtain evidence to inform our analysis. The EU institutions and our foreign partners will also be invited to contribute, as will members of the public. These final reports will also consider evidence submitted in previous semesters where relevant.

The call for evidence documents are being placed in the Libraries of both Houses. They are also published and available on the Government website: https://www.gov.uk/review-of-the-balance-of-competences