HC Deb 24 June 1997 vol 296 cc462-3W
Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list those articles and Protocols of the provisional treaty of Amsterdam for whose implementation primary legislation will be required; and when he expects to publish the necessary Bill. [5011]

Mr. Doug Henderson

The draft Treaty of Amsterdam is not yet in final form, and needs further technical work before it can be submitted for signature by all Member States. After signature of the Treaty, which is planned for October, primary legislation will be required before the United Kingdom ratifies it. We anticipate that such legislation would need to add to the list of Community Treaties in the European Communities Act 1972 all parts of the new Treaty, including Protocols, except those relating to the intergovernmental pillars. However, it is too soon to say when a Bill might be published or what its precise contents will be.

Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has for parliamentary scrutiny of the Treaty of Amsterdam. [5094]

Mr. Henderson

A Bill will be required before the UK ratifies the Treaty of Amsterdam. In the meantime we have deposited for parliamentary scrutiny and placed in the libraries of the House a provisional version of the draft Treaty circulated by the Netherlands Presidency. As indicated in the conclusions of the Amsterdam European Council, the necessary final legal editing and harmonisation of the texts must now be completed, with a view to signature of the Treaty in October.

Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list under the treaty of Amsterdam the(a) areas in and (b) articles under which a group of member states of the European Union may proceed with any description of common arrangements or legislation, which currently would require unanimous assent; and what representations Her Majesty's Government made in respect of those articles at the conference. [5012]

Mr. Henderson

The conditions and limitations on the scope of flexibility are as set out in general clauses inserted into the Treaty of European Union; Article 5a of the European Community Treaty; and Article K12 of the Treaty on European Union. Article J13a of the Treaty on European Union establishes a constructive abstention mechanism in the Common Foreign and Security Policy.

We made clear in the Intergovernmental Conference that we accepted the need for enhanced flexibility provisions but we believed the scope of such provisions in the Community pillar should be limited, and that any Member State should, in all pillars, where its key national interests were affected, be able to prevent flexible actions taking place. We achieved those objectives.

Sir Richard Body

To ask the Secretary of State for Foreign and Commonwealth Affairs which areas currently resolved under unanimity are to be transferred to qualified majority voting under the final Amsterdam treaty text. [4997]

Mr. Henderson

The following areas currently resolved under unanimity are to be transferred to Qualified Majority Voting under the Amsterdam treatyArticle 45 (3): Compensatory aid for imports of raw materials. Article 56 (2): Coordination of provisions laid down by law, regulation or administrative action for special treatment for foreign nationals (right of establishment). Article 130i (1): Adoption of the research framework programme. Article 130i (2): Adapting or supplementing the research framework programme. Article 130o: Setting up of joint undertakings in R&T development.

There will also be QMV for implementing decisions and decisions on the basis of the Common Foreign and Security Policy as provided for by Article J13. However, a Member State may prevent a vote from being taken for important and stated reasons of national interest, whereupon the decision may be referred to the European Council for decision by unanimity.

The flexibility provisions in Articles 5a (Community Pillar) and K12 (Justice and Home Affairs) are also subject to qualified majority voting. However a similar national veto mechanism applies.

The new Articles B (2) (b) (i) and (iii) (some visa questions) in the new chapter on free movement of persons, asylum and immigration shall also be subject to QMV. The UK will not be obliged to take part in co-operation under this chapter.