Enhanced scrutiny of EU Legislation with a United Kingdom opt-in: report, 2nd report of session 2008-09

The Government negotiated a revised Protocol on the position of the United Kingdom in respect of the whole area of Freedom, Security and Justice (FSJ) in the Treaty of Lisbon, extending the opt-in procedure from the current areas of asylum, immigration and other policies on freedom of movement and civil justice to include police and judicial cooperation in criminal matters. These measures do not apply to the United Kingdom unless the Government notifies the President of the Council within three months of the proposal being presented to the Council that it wishes to take part in the measure-i.e. it opts in to the measure. The Committee approached the Government about a procedure for improving the scrutiny of opt-in legislation which would allow the Committee to give its view on whether the United Kingdom should opt in to a particular measure well before the three month period had expired. The Government has agreed that, regardless of the Treaty of Lisbon being in force, it would not as a general rule notify the Council of a decision to opt in during the first eight weeks of the three month period, and that if within those eight weeks this Committee expressed an opinion on whether or not the United Kingdom should opt in, that opinion would be taken into account. If the Committee recommends a debate on a particular measure, the Government has promised to be flexible on making time available for the debate.