CALL FOR EVIDENCE

At its meeting on 18 March 2008, the European and External Relations Committee agreed to undertake an inquiry into the impact of the Lisbon Treaty on Scotland.

Please note that at its meeting on 24 June 2008 the Committee agreed to monitor developments in connection with the Lisbon Treaty following the Irish Referendum and to review the position in respect of its own inquiry in the Autumn.

Background

The Treaty of Lisbon was signed on 13 December 2007 and is intended to enter into force on 1 January 2009. The Lisbon Treaty amends the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC) which is renamed the Treaty on the Functioning of the European Union (TFEU). There are also 11 new protocols to be annexed to the Treaties.

Inquiry remit

At its meeting on 13 May 2008 the Committee agreed that the remit of the inquiry is to consider the impact of the Lisbon Treaty on Scotland as it relates to devolved matters.

The Lisbon Treaty raises a number of key aspects which are likely to have an impact on Scotland and, in particular, the respective roles of the Scottish Government and the Scottish Parliament. For example, the Lisbon Treaty creates or extends EU competence into the areas of energy, tourism, crime prevention and sport. Likewise, climate change is explicitly mentioned in the Treaties for the first time. Of particular importance to Scotland is the extension of co-decision by the Council and European Parliament into the areas of agriculture, fisheries, transport and structural funds. The Lisbon Treaty also introduces significant changes to the area of Freedom, Security and Justice (FSJ) and the inquiry will consider, in particular, the extent to which the “opt-in” arrangements secured by the UK will take into account Scotland’s unique legal system. The inquiry will also consider the role of the Scottish Parliament in connection with the revised Subsidiarity Protocol.

Against this background, witnesses may wish to address any or all of the following questions as they relate to devolved matters:

New competences

• What are the implications of the extension/or new competences in the areas of energy, tourism, crime prevention and sport?

Institutional/Procedural changes

• What are the implications of the key changes to the functions and powers of a) the European Parliament b) the Court of Justice of the EU c) the European Commission d) the Council of Ministers?
• What are the implications of the extension of co-decision into agriculture, fisheries, transport and structural funds and to the whole of justice and home affairs?

Freedom, Security and Justice

• What are the implications of the key changes to the area of Freedom, Security and Justice?
• How might these changes impact on Scotland’s legal system?
• How does the UK parliament currently scrutinise the existing “opt in” mechanisms?
• What mechanisms should be put in place to ensure the effective representation of Scottish interests?
• What are the implications of the UK Government Protocol to the Charter for Fundamental Rights of the EU?

Subsidiarity

• How and to what extent will the Protocol on the application of the principles of subsidarity and proportionality impact on the role of regional parliaments?
• How can the Scottish Parliament work with the UK Parliament and devolved assemblies in respect of the subsidiarity provisions of the Lisbon Treaty?
• Are there examples of protocols and/or mechanisms developed by other regional parliaments with legislative powers from which the Scottish Parliament could learn?

Written evidence

The Committee is interested in hearing from organisations and individuals who have a specific interest in or will be directly affected by the Lisbon Treaty as it relates to devolved matters either from a legal or academic perspective or as a stakeholder.

Please note that:

• The closing date for submissions is 29 August 2008.

• Submissions are requested to be provided in electronic form in word format and should be sent to europe@scottish.parliament.uk.  Where access to e-mail is not available, please contact the Clerks to discuss alternative arrangements.

• All evidence will be treated as a public document and automatically published on the Committee’s web pages unless the submission explicitly requests to be a private submission. 

• Submissions should be no more than four sides of A4.  Please contact the Clerks to discuss the admissibility of longer submissions.

• All public submissions will be posted on this web page following the closing date of 29 August 2008.

Oral evidence

The written evidence received is likely to inform which organisations are invited to give oral evidence to the Committee.  It is expected that oral evidence sessions will run between September 2008 and January 2009.

Regional seminar

The Committee is planning to host a seminar in Autumn 2008 and invite representatives from other regional parliaments with legislative powers to discuss and share their proposals in relation to the subsidiarity mechanisms envisaged by the Lisbon Treaty.

Contact details

Any queries relating to the inquiry or the call for evidence can be made by contacting Lucy Scharbert, Assistant Clerk to the Committee on 0131 348 5232 or by e-mailing europe@scottish.parliament.uk.

For public information enquiries, contact: 0131 348 5000

For general enquiries, contact 0845 278 1999 (local call rate)
Text phone: 0131 348 3415 RNID Typetalk calls welcome
email: sp.info@scottish.parliament.uk

Visit our website at: www.scottish.parliament.uk