HC Deb 11 November 2003 vol 413 cc203-4W
Mr. Nicholas Brown

To ask the Secretary of State for Foreign and Commonwealth Affairs what impact he estimates the draft European Union constitution will have on the United Kingdom energy sector; and what changes are proposed to the present regulatory position. [136094]

Mr. MacShane

Article 111–130 (2)(c) provides for voting by unanimity on "measures significantly affecting a member state's choice between different energy sources and the general structure of its energy supply". The Government have made a legal assessment of the potential impact of the draft Constitutional Treaty on UK powers to regulate the energy sector. Article 111–157 of the draft EU Constitutional Treaty states the policy on energy shall aim to:

  1. (a) ensure the functioning of the energy market;
  2. (b) ensure security of energy supply in the Union; and
  3. (c) promote energy efficiency and saving and the development of new and renewable forms of energy.
and states that this policy shall not affect a member state's choice between different energy sources and the general structure of its energy supply.

Under the Treaty establishing the European Community, there is already Union activity in energy matters and we believe there is a strong case for making the legal base for policy in this area more transparent. The UK support the opening up of the European energy market which benefits British energy firms. The UK Government would not agree to any proposal that was inconsistent with UK energy interests.

Mr. Cash

To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions he has had since the start of the Inter-Governmental Conference with the Foreign Ministers of(a) Denmark, (b) Italy and (c) Germany relating to the primacy, under Article 110 of the draft European Constitution, of the European Constitution over their own respective constitutions; if he will urge those ministers to hold discussions on the matter with the judges of their respective constitutional courts; and if he will make a statement. [137901]

Mr. MacShane

We have discussed the wording of Article 1–10 with all our EU partners, as part of our ongoing discussions on the IGC. It is for them to decide what advice to seek.

Mr. Cash

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will place in the Library a copy of the draft of the Protocol relating to the succession of rights and obligations which it is proposed should be annexed to the European Constitution. [137902]

Mr. MacShane

There is no such Protocol. The current proposal is for legal continuity in relation to the European Community and the European Union to be covered in Part IV of the Constitutional Treaty. The Convention on the Future of Europe's draft was laid before Parliament in August as Command Paper 5897.