Electoral Law

George Howarth Excerpts

Tuesday 2nd February 2016 General Committees

[Chair]

Before we begin, it may be helpful if I remind Members of the procedure in European Committees. The proceedings must conclude no later than two and a half hours after we begin. I will begin by calling a member of the European Scrutiny Committee to make a brief statement about why the Committee decided to refer the documents for debate. I will then call on the Minister to make a statement followed by questions for up to an hour, although I have some discretion to extend that time if there is an appetite to do so. The Committee will then debate the Government motion, and I will put the question on that motion when the debate or the time available is exhausted, whichever comes first.

Does a member of the European Scrutiny Committee wish to make a brief explanatory statement about the decision to refer the documents to the Committee?

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

May I say what a pleasure it is to be serve under your chairmanship for the first time in the new year, Mr Howarth?

The proposed Council decision, which is, I am glad to say, subject to unanimity and ratification by member states, aims to harmonise certain aspects of the conduct of European Parliament elections in member states. Initiated by the European Parliament on the basis of article 223(1) of the treaty on the functioning of the European Union, its more significant measures include common deadlines for establishing lists of candidates and electoral registers; making members of regional parliaments and legislative Assemblies ineligible for election as MEPs; proposals concerning the gender equality of candidates; proposals on electronic and postal voting; some mandatory 3% to 5% thresholds for winning seats; proposals relating to voting by EU mobile citizens and their data; incorporating the spitzenkandidaten process, under which there is a pretence of electing the Commission President; and making provision for detailed implementing rules. However, it does not include aspirational proposals, only set out in the European Parliament’s resolution, such as a common minimum voting age of 16 and a common voting day.

On 13 January, the European Scrutiny Committee recommended a reasoned opinion on the proposed Council decision. The reasoned opinion procedure, introduced by the Lisbon treaty, allows national Parliaments to object to a draft legislative act if they consider that it breaches subsidiarity. That principle requires that decisions should be taken as close to the citizen as possible. National Parliaments have eight weeks from transmission of a proposal to submit a reasoned opinion. If such opinions represent one third of all votes of national Parliaments, they constitute a yellow card. The initiator of the proposal, in this case the European Parliament, must review it. The EU Committee in the House of Lords has also decided to recommend a reasoned opinion. The Government have expressed some subsidiarity concerns, saying that some aspects of the proposal are best decided at national level. Their main concern appears to be that uniform practice for European parliamentary elections would be inconsistent with domestic electoral practices, making it difficult for the UK to hold European parliamentary and local elections at the same time, resulting in further reduced turnouts for European parliamentary elections.

The European Scrutiny Committee concluded in its reasoned opinion that there is no detailed subsidiarity statement in the draft legislative act, so the European Parliament has failed to comply with an essential procedural requirement; there is, in any case, insufficient substantiation in the resolution and the European “added value” assessment; and the proposal’s objective of creating a uniform electoral procedure to enhance the European Parliament’s democratic legitimacy through electoral equality is undermined by harmonisation at a level of detail which divorces the European Parliament’s electoral procedure from well-established and recognised domestic procedures. Bearing that in mind, the European Scrutiny Committee has raised specific objections questioning the European Union’s “added value” benefits of all of the significant measures outlined, excepting the measures on spitzenkandidaten and implementing rules.

The European Scrutiny Committee was not assisted greatly in this task by the Government’s inadequate subsidiarity and financial assessment of the proposal for the reasons set out in paragraphs 1.7 and 1.8 of its report, and so asks the Minister to comment on that.

[Chair]

I call the Minister to make an opening statement.