Burden of Proof Directive

HC Deb 05 December 1997 vol 302 c386W

Mr. Gill

To ask the Secretary of State for Education and Employment what representations the Government has made to its European Union partners concerning the definition of subsidiarity and proportionality used in the Burden of Proof directive. [17220]

Mr. Alan Howarth

There is no definition of subsidiarity or proportionality in the draft Directive on the Burden of Proof, although there is a reference to those principles in Recital 20. The Government believes the draft Directive complies with the principles. At the European Council in June in Amsterdam the UK stated its intention to accede to the social provisions of the new Treaty. The European Council agreed that the United Kingdom would henceforth be asked to express its viewpoint during discussions on Directives. The UK's views have accordingly been taken into account in this Directive: in particular, recital 15 was inserted to reflect legal practices in this country.