§ Mr. StreeterTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the Human Rights article contained in the Amsterdam treaty. [9117]
§ Mr. Doug HendersonWe welcome the reference to fundamental rights in Article F of the Treaty on European Union. The new article re-states the principle that acts of the Union and of the Community must respect the existing fundamental rights of EU citizens, which are an essential feature of the responsibility which states bear towards their citizens. We also welcome the new Article 6a to the Treaty of Rome permitting (but not obliging) the Council, acting unanimously, to take action at Community level to combat discrimination.
§ Mr. StreeterTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will list those areas where the European Court of Justice has gained jurisdiction as a result of the Amsterdam treaty. [9077]
§ Mr. HendersonBecause the Court has a full role in the European Community pillar, extensions of the EC Treaty provisions at Amsterdam also involve an extension in the jurisdiction of the Court. Article K.7 of the Amsterdam Treaty will also give the Court a limited role in relation to the Justice and Home Affairs pillar of the Treaty on European Union: the Court will have a preliminary rulings jurisdiction for those Member States which choose to accept it; jurisdiction to review the legality of framework decisions and decisions adopted by the Council; and jurisdiction over certain disputes between Member States and between Member States and the Commission. Under Article K.12 the Court will have jurisdiction to review the operation of the Justice and Home Affairs pillar flexibility procedure. The Court will also have jurisdiction, through Article L, over the fundamental rights implications of action of the institutions within the Justice and Home Affairs pillar insofar as it has wider jurisdiction in that pillar.
§ Mr. StreeterTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the impact of the Amsterdam treaty on the work of the European Court of Justice. [9076]
§ Mr. HendersonThere is likely to be some increased workload for the Court of Justice deriving from the extension of its jurisdiction under the Treaty of Amsterdam. However, the impact of the new Treaty on the Court's workload will not become clear until sometime after the Treaty comes into force.
§ Mr. StreeterTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the terms of the flexibility clause agreed at Amsterdam; and if it will be enacted by qualified majority procedure. [9092]
361W
§ Mr. HendersonThe draft Treaty of Amsterdam (CONF 4001/97) has been placed in the Libraries of the House. The decision to use the flexibility provisions will be taken by Qualified Majority Voting, but with an "emergency brake" clause, which states that a Member State may "for important and stated reasons of national policy" prevent a vote being taken by QMV; the decision may then be referred to the European Council, for decision by unanimity.
§ Mr. StreeterTo ask the Secretary of State for Foreign and Commonwealth Affairs what additional powers will be granted to the European Parliament by the Amsterdam treaty. [9124]
§ Mr. HendersonA full list of the powers of assent and co-decision granted to the European Parliament can be found on pages 115 to 117 of the draft Treaty of Amsterdam (CONF 4001/97), copies of which have been placed in the Libraries of the House. I also refer the hon. Member to the answer I gave to the hon. Member for Tonbridge and Malling (Sir J. Stanley) on 30 June,Official Report, column 38. New powers for the European Parliament in the Third Pillar are dealt with in Article K.11 of the draft Treaty; those in the new free movement title of the European Communities Treaty (TEC) in Article G. In addition, the European Parliament will exercise certain powers in the application.
§ Mr. StreeterTo ask the Secretary of State for Foreign and Commonwealth Affairs in what areas the Amsterdam treaty extends co-decision making; and if he will make a sttaement. [9091]
§ Mr. HendersonI refer the hon. Member to the reply I gave to the hon. Member for Tonbridge and Malling (Sir J. Stanley) on 30 June,Official Report, column 38.