HC Deb 26 February 1990 vol 168 cc16-7
72. Mr. Teddy Taylor

To ask the Lord President of the Council over the last 12 months how many European Economic Commission directives emanating form the Commission were considered by the House before and after 10 o'clock; and how many were not considered by the House at all.

The Lord President of the Council and Leader of the House of Commons (Sir Geoffrey Howe)

All the legislative proposals issued by the European Commission are considered by the Select Committee on European Legislation, which decides whether to recommend them for debate. Including non-legislative documents, 751 EEC documents were deposited in Parliament in 1989. A total of 96 documents were debated—32 before 10 pm, 40 after 10 pm, and 24 in Standing Committee.

Mr. Taylor

Does my right hon. and learned Friend agree that there is a major democratic problem when floods of legislation affecting all our constituencies pour out of Brussels but in many cases are not fully discussed by the House of Commons? Should not further action be taken to ensure that legislation affecting our constituents is properly discussed in the House before decisions are made in Brussels? Does my right hon. and learned Friend further agree that the worst solution of all would be to refer that flood of legislation to tame Committees?

Sir Geoffrey Howe

My hon. Friend must understand that delegated legislation, national or international, has long been a feature of parliamentary government, particularly unitary parliamentary government such as our own.

On Community legislation, the number of documents coming forward for approval or consideration by the House has not varied significantly in the past 10 years. The proportion debated depends upon the proportion recommended for further consideration by the Scrutiny Committee. That proportion has varied between 10 and 15 per cent., and the figure last year was in no way exceptional. I believe that all those recommended for consideration were debated.

The Procedure Committee report that we are studying makes it clear that debates on such matters are normally held in time. We shall, of course, give further consideration to its recommendations.

Mr. Spearing

Does the Leader of the House agree that the significance of many of the documents, particularly many of the 90 that we discussed last year, is becoming much greater? Does he therefore agree in principle with the recommendation of the Procedure Committee that it would he better for the Select Committee on European Legislation to be able to put those important documents in a wider context? Does he agree with analogy that the EC Scrutiny Committee already has binoculars at its eyes but is asking the House to give it radar?

Sir Geoffrey Howe

Of course the Government attach importance to continuing proper scrutiny of legislation of this kind. That is why we are studying closely the recommendations of the Procedure Committee report, which found that the scrutiny machinery of this Parliament was at least as effective as that of any other member state. It is right that we should give detailed consideration to the Committee's report with a view to early implementation of any changes that the House agrees are necessary.

Mr. Rowe

As we get closer to the EC, which is entirely desirable in most respects, would not it ensure that a higher political priority were given to such important scrutiny if the power to initiate legislation came from Ministers rather than from the European Commission? Does my right hon. and learned Friend agree that that would he a much better way to run the EC?

Sir Geoffrey Howe

My hon. Friend will understand that the process whereby legislation takes shape depends on the relationship between the Commission and the Council of Ministers. The Commission often takes on board proposals from various member states or Ministers. Those proposals, wherever they originate, are carefully considered by the Council before being subjected to consideration by the European Parliament as well as by national Parliaments.