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EU Legislation (EUC Report)

My Lords, I thank all noble Lords and who have spoken today and thank the Minister. This has been a constructive and lively debate over large areas of the sub-committee's report. There is not time to mention more than a few points. The committee certainly sought to take and invited evidence on a broad basis. There has been some debate this morning about the extent to which the EU lawmaking process can be regarded as properly democratic. There was reference to the possibility of a long-term change in the mechanisms by which legislation is proposed, but at present, as a number of noble Lords emphasised, the Commission does not dispose: it proposes. Although it has discretion, it is not in any way the sole disposer. It operates subject to constraints—institutional and public as well as the underpinning legal constraints, through the European Parliament, of appointment and budget. As the noble Lord, Lord Wallace, said, of all international institutions, the Commission might be regarded as the most democratic. It is certainly very open. Of course, that gives us opportunities that we need to take and to engage with. A number of noble Lords supported the proposal that the period for response be extended to 16 weeks from eight. There was reference to scrutiny in this Parliament and in particular in this House and to the possibility that the Select Committee might consider the procedural aspects of that. I am sure that that is something the Select Committee is likely to take up. The influence of reports of this House was mentioned. Of course we do not initiate proposals. Our role is to scrutinise proposals. In my limited experience, the scrutiny that we undertake can be and is effective. One example that I can mention immediately is the recent proposals relating to pre-trial supervision. We were roundly critical of the form in which they came forward and we received feedback from Brussels about the relevance and acceptability in large measure of some of the points we made. The ultimate proposal was far better thought through and far better drafted, and there have been several such instances. I believe that this House, through its scrutiny committees, has a real impact on European legislation; certainly that is what one hears. There were references to the importance of British staff in the Commission and I welcome what was said in that respect in support of the committee, and in relation to the importance of common law and its role being understood. There have been some reservations about the Commission’s approach to the closed loop of lobbyists. Certainly that needs to be reviewed in the light of the publicity that should follow if the register is effective, although that is likely only if it is made compulsory. We hope it will be. I am grateful for the Government’s support for the report and for the Minister's response on matters in it. I look forward to his further response on outstanding points. I am grateful that he has indicated that they will receive attention. Motion agreed.