§ Mr. MitchellTo ask the Secretary of State for the Home Department, pursuant to his answer of 1 July 1997,Official Report, columns 74-76, if he will list those conventions agreed under article K3 of the Maastricht Treaty, additional to the seven already agreed by that date; and if he will indicate for each the provision for adjudication by the Court of Justice and scrutiny of each carried out by Parliament. [60095]
§ Kate HoeyThree conventions have been agreed under Article K3 of the Maastricht Treaty since 1 July 1997. They are
1. Convention on Driving Disqualifications (agreed 17 June 1998)The purpose of this convention is to provide a mechanism whereby a driving disqualification imposed by one European Union (EU) member state on a resident of another member state may be enforced by the latter state when the driver returns to that state. Enforcement by the driver's own state will normally have the effect of removing his right to drive anywhere in the EU and beyond, during the currency of the ban.The draft convention was sent to the House of Lords European Communities Committee for scrutiny on 24 November 1997 and was finally cleared from scrutiny on 12 March 1998. United Kingdom legislation will be required before it can be ratified.Provision for adjudication by the European Court of Justice is contained in Article 14 of the convention. This allows for the Court to rule on any dispute between member states (which the European Council has been unable to resolve within six months), or between member states and the Commission, regarding the interpretation or application of the convention. It also allows for member states to accept the court's jurisdiction to give preliminary rulings on interpretation.2. Convention on Jurisdiction, Recognition and Enforcement of Judgments in Matrimonial Matters (Brussels II convention) (agreed 28 May 1998).The purpose of this convention is to lay down rules on jurisdiction and on the recognition and enforcement of judgments in certain matrimonial matters between member states. The House of Lords Committee on the European Communities examined an early draft in great detail, and took written and oral evidence. The Committee also saw and cleared from scrutiny a late draft of the convention.731WProvision for adjudication by the European Court of Justice (ECJ) is contained in a separate protocol to the convention, which each member state has the option whether or not to ratify. The protocol provides for competent authorities in the member states to refer issues to the court where there is a conflict of jurisprudence, either between member states or between a member state and the Commission. Ratification of the convention will require amendment of primary legislation in the United Kingdom; this is not a priority at present. No decisions have yet been taken on whether the United Kingdom will ratify the protocol on ECJ jurisdiction.3. Convention on Mutual Assistance and Co-operation between Customs Administration (agreed 18 December 1997).The draft text of the 'Naples II' Convention was considered by the House of Lords European Communities Committee during November and December 1997 and cleared from scrutiny on 17 December 1997.Under Article 26 of the convention, the European Court of Justice will have jurisdiction to resolve disputes between member states, and between a member state and the Commission, in relation to the interpretation or application of the convention where the Council is itself unable to do so within six months. In addition, jurisdiction may be conferred on the court by a member state which makes a declaration to this effect, enabling its courts and tribunals to refer questions concerning interpretation of the convention for a preliminary ruling. This jurisdiction will be similar to that described in Article 177 of the EC Treaty. The United Kingdom does not intend to make such a declaration.