HC Deb 06 February 1991 vol 185 cc147-8W
Mr. Teddy Taylor

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will take steps to ensure that the advice of the Treasury Solicitor on the appropriate legal base for European Community documents is published in the reports attached to these documents.

Mr. Garel-Jones

Ministers who sign explanatory memoranda take full responsibility for the contents including any comments on legal base on which they take appropriate legal advice.

Mr. Teddy Taylor

To ask the Secretary of State for Foreign and Commonwealth Affairs on how many occasions representatives of the United Kingdom Government have questioned the basing of documents on article 100A by the Commission at meetings of the Council of Ministers; and if he will list the titles of such documents and the appropriate ministerial Councils involved.

Mr. Garel-Jones

We provide explanatory memoranda to the House on all Commission proposals for Community legislation. These may include reference to the Government position on whether article 100A is the correct legal base. But exchanges during Council meetings are subject to the normal rules of confidentiality.

Mr. Teddy Taylor

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will raise at the next meeting of the Council of Ministers the manner in which the Commission is basing draft documents on article 100A; and if he will make a statement.

Mr. Garel-Jones

When the United Kingdom has difficulties with the basing of a Commission proposal on article 100A, we will raise these during discussion of that proposal. We do not intend to raise the question at the next meeting of the Foreign Affairs Council.

Mr. Teddy Taylor

To ask the Secretary of State for Foreign and Commonwealth Affairs if he has anything to add to the evidence given by the Treasury Solicitor to the European Legislation Committee on treaty base HC178(iv) and (v) of Session 1987–88.

Mr. Garel-Jones

No. The memorandum in evidence given by the Treasury Solicitor's Department set out clearly and in detail the issues relating to choice of treaty base after the Single European Act. The criteria identified in the memorandum for use of article 100A remain valid.