Question to the Home Office:

To ask Her Majesty’s Government, further to the Written Answer by Lord Bates on 12 February (HL4630) concerning the proposed European Union Passenger Name Records Directive, whether the directive would transfer further powers to the institutions of the European Union; and, if so, whether they consider that a referendum should be held under the provisions of the European Union Act 2011.

The European Union Act 2011 does not apply to the exercise of competence already conferred on the EU within the existing EU Treaties, which includes the enactment of EU measures such as directives or regulations within existing areas of European Union competence (the one exception is a decision under Article 352 TFEU, which requires an Act of Parliament). The normal Parliamentary scrutiny arrangements continue to apply to proposals for EU legislation.

The proposals in the draft Passenger Name Records Directive (PNR) do not transfer further areas of competence to the European Union. In triggering the JHA opt-in, the PNR
Directive was however subject to the enhanced parliamentary scrutiny arrangements, including debates in both Houses in March 2011 prior to the decision that the UK should participate in the measure.