I am writing to confirm Ministerial agreement on the following enhanced arrangements for the scrutiny of proposals for EU legislation based on Title IV of the Treaty establishing the European Union which deals with asylum and immigration and judicial cooperation in civil matters. This reflects our desire to continue to look at ways to improve the scrutiny of European business in conjunction with the Scrutiny Committees in both Houses.

• We will endeavour to include in Explanatory Memoranda a list of factors that we expect will be taken into account when coming to an opt-in decision and where possible, an indication as to whether the Government expects to opt-in.
• We are content to take the views of the Committee into account in the case of Title IV TEC opt-in decisions if they are forthcoming within 8 weeks of the publication of proposals and therefore not to opt-in within that 8 week period unless it is essential. The final decision as to whether to opt-in will continue to rest with Ministers.
• The Government is content to be flexible in principle regarding making time available for debates on policy on which opt-in decisions will need to be made, if the Committees recommend such questions for debate. This will only be possible however, if there is early informal communication with you, the Clerks to the Committees, to forewarn us when a debate might be desirable and on the condition that the 8 week period for giving a view on the opt-in decision cannot be extended even if it proves impossible to hold a debate before that deadline.