LAW AND INSTITUTIONS

MEMBERSHIP: Chairman: Lord Bowness

Lord Kerr of Kinlochard

Co-opted Members:

Lord Blackwell, Lord Burnett, Lord Maclennan of Rogart, Baroness O'Cathain, Lord Renton of Mount Harry, Lord Rosser, Earl of Sandwich, Lord Tomlinson, Lord Wedderburn of Charlton, Lord Wright of Richmond.

(FOR FURTHER INFORMATION PLEASE CONTACT THE CLERK, TALITHA ROWLAND, 020 7219 6929)

I.  DOCUMENTS AWAITING CONSIDERATION BY THE SUB-COMMITTEE

Unnumbered	Draft Framework Decision on transfer of proceedings in Criminal Matters (OCJR) [06.10.09]
	Sifted 13 October 2009
17691/09 COM (09) 624	Green Paper from the Commission of the European Communities on obtaining evidence in criminal matters from one Member State to another and securing its admissibility (HO) Sifted 8 December 2009
7928/09	Draft Agreement on the European and Community Patents Court and Draft Statute (BIS) Sifted 24 November 2009
*16632/09	Special Report No. 13/2009: Delegating implementing tasks to executive agencies: A successful option? (HMT) Sifted 6 January 2010
*16801/09 16801/09 COR + ADD 1-3	Initiative for a Directive of the European Parliament and of the Council on the rights to interpretation and to translation in criminal proceedings (MoJ) Sifted 6 January 2010

II.  DOCUMENTS HELD UNDER SCRUTINY AWAITING THE OUTCOME OF CORRESPONDENCE WITH MINISTERS

8866/06 COM (06) 168 IPEX	European Parliament and Council Directive on Criminal Measures aimed at ensuring the enforcement of Intellectual Property Rights (originally HO) (MoJ from May 07) Sifted 25 May 2006; Letters to the Government 8 June (awaiting RIA), 25 Jul, 19 Oct 06, 30 Nov 06, 16 Oct 07, 29 Nov 07 - Bridget Prentice MP, Parliamentary Under Secretary of State; Letters to the Chairman 8 Jul, 22 Aug, 9 Nov 06, 30 Jul 07, 12 Nov 07; Response awaited following any developments in this matter
11356/06 COM (06) 346 IPEX	Communication from the Commission on adaptation of the provisions of Title IV of the Treaty establishing the European Community relating to the jurisdiction of the Court of Justice with a view to ensuring more effective judicial protection (HO) Sifted 25 July 2006; Letters to the Government 20 Jul, 12 Oct 06, 11 Jan 07, 22 Feb 07, 12 Jul 07, 25 Oct 07, 17 Jan 08, 3 Jul 08, 23 Jul 08 - Meg Hillier MP, Parliamentary Under Secretary of State; Letters to the Chairman 15 Aug 06, 12 Dec 06, 30 Jan 07, 27 Jun 07, 13 Aug 07, 19 Dec 07, 16 Jun 08, 9 Jul 08; Awaiting further information on whether discussion of dossier to be revived
11817/06 COM (06) 400	Green Paper on conflict of Laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition (DCA) (G)
IPEX	Sifted 6 September 2006; Letters to the Government 19 Oct 06, 25 Oct 07, 18 Dec 07 - Bridget Prentice MP, Parliamentary Under Secretary of State; Letters to the Chairman 27 Mar 07, 4 Dec 07
7972/08 COM (08) 135	Communication from the Commission to the European Parliament and the Council on "European Agencies - The Way Forward" (FCO)
IPEX	Sifted 29 April 2008; Letters to the Chairman 24 Apr 08, 30 May 08, 22 Sep 09; Letters to the Government 15 May 08, 18 Jun 08, 30 Oct 09 - Chris Bryant MP, Minister for Europe; Request to be kept updated
7984/08 + ADD 1,2 COM (08) 151	Proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety (presented by the Commission); Commission staff working document - Summary of Impact Assessment; Commission staff working document - Full Impact Assessment (DfT)
IPEX	Sifted 3 June 2008; Letter to the Government 16 Jun 08, 12 Dec 08 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State; Letter to the Chairman 20 Nov 08; Request for a new draft and EM when amended proposal presented in Council
12217/08 + ADD 1,2 COM (08) 464	Proposal for a European Parliament and Council Directive amending Directive 2006/116/EC of the European Parliament and of the Council on the term of protection of copyright and certain related rights (DIUS now BIS w.e.f. 8 Jun 09)
IPEX	Sifted 4 November 2008; Letters to the Government 24 Nov 08, 23 Apr 09, 12 Jun 09, 15 Oct 09, 26 Nov 09 - David Lammy MP, Minister of State for Higher Education and Intellectual Property; Letters to the Chairman 26 Mar 09, 2 Jun 09, 8 Jun 09, 8 Jul 09, 11 Jul 09, 6 Nov 09; Awaiting impact assessment
8150/1/09 + ADD 1, 2 COM (09) 135 IPEX	Proposal for a Council Framework Decision on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA (MoJ) Sifted 21 April 2009; Letters to the Government 15 May 09, 25 Jun 09 , 15 Oct 09 - Lord Bach, Parliamentary Under Secretary of State; Letters to the Chairman 1 Jun 09, 19 Jul 09, 5 Jan 10; Request for updates as matters progress
8969/09 + Add 1, 2 COM (09) 126	Proposal for a Directive of the European Parliament and of the Council on combating late payment in commercial transactions (Recast) Implementing the Small Business Act; Commission staff working document - Impact Assessment; Commission staff working document - Summary of Impact Assessment (BERR now BIS w.e.f. 8 Jun 09)
IPEX	Sifted 12 May 2009; Letters to the Government 8 Jun 09, 5 Nov 09, 14 Jan 10 - Lord Davies of Abersoch, Minister for Trade, Investment and Small Business; Letters to the Chairman 7 Aug 09, 13 Oct 09, 30 Nov 09; Request for further information and updates on progress of negotiations
11917/09	Council Framework Decision on the right to interpretation and translation in criminal proceedings (MoJ)
	Sifted 14 October 2009 in advance of sift of 20 Oct 09; Letter to the Chairman 20 Oct 09, 24 Nov 09, 29 Dec 09; Letter to the Government 10 Dec 09 - Lord Bach, Parliamentary Under Secretary; Request for further information
13706/09	Revised proposal for a Council Regulation on the Community patent (BIS) Sifted 24 November 2009; Letter to the Government 4 Dec 09, 17 Dec 09 - Rt Hon David Lammy MP, Minister of State; Letter to the Chairman 2 Dec 09; Override 4 Dec 09
†16195/09 COM (09) 622	Green Paper on a European Citizen's Initiative (FCO) Sifted 15 December 2009; Letter to the Government 14 Jan 10 - Chris Bryant MP, Minister for Europe; Request for provisional Government views

III. DOCUMENTS UNDER SCRUTINY:

In connection with the Sub-Committee's Report published 10 June 2009 "European Contract Law: the Draft Common Frame of Reference" 12th Report, HL Paper 95

12269/07 COM (07) 447	Report from the Commission : Second Progress Report on the Common Frame of Reference (MoJ)
IPEX	Sifted 11 September 2007; Letters to the Government 16 Oct 07 - Cleared from Scrutiny, 27 Jun 08, 12 Mar 09, 17 Jul 09, 15 Oct 09 - Lord Bach, Parliamentary Under Secretary of State; Letters to the Chairman 15 May 08, 16 Jul 08, 10 Dec 08, 28 Feb 09, 19 Jun 09, 22 Jul 09 - Government response to report, 24 Aug 09; Request to be kept informed of developments

In connection with the Sub-Committee's Report published on 18 June 09 "Access to EU Documents" 15th Report, HL Paper 108

9200/08 COM (08) 229	Proposal for amendment to Regulation 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (FCO)
IPEX	Sifted 3 June 2008; Letters to the Government 18 Jun 08, 30 Jan 09, 30 Oct 09 - Chris Bryant MP, Minister for Europe; Letters to the Chairman 11 Dec 08, 12 Oct 09 (addressed to Chairman of Sub committee) - Government response to report; Debated 15 Jul 09

In connection with the Sub-Committee's Report published 27 July 09 "Green Paper on the Brussels I Regulation ( 21st Report, Session 2008-09, HL Paper 148)"

9149/09 9150/09 COM (09) 174 COM (09) 175	Report and Green Paper from the European Commission to the European Parliament, the Council and the European Economic and Social Committee on a Review of Council Regulation (EC) no 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (MoJ)
IPEX	Sifted 19 May 2009; Evidence sessions 10 and 24 June; Letters to the Chairman 12 Sep 09 - Government response to report, 15 Oct 09, 15 Nov 09; Letters to the Government 5 Nov 09, 5 Nov 09, 10 Dec 09 - Lord Bach, Parliamentary Under Secretary of State

In connection with the Sub Committee's Inquiry into "European Certificate of Succession"

14722/09 COM (09) 154	Proposal from the European Commission for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments of succession and the creation of a European Certificate of Succession (MOJ)
IPEX	Sifted 10 November 2009; Letter to the Government 12 Nov 09, 14 Dec 09 - Lord Bach, Parliamentary Under Secretary of State; Letter to the Chairman 17 Nov 09

DOCUMENTS CLEARED FROM SCRUTINY, AWAITING OUTCOME OF CORRESPONDENCE WITH MINISTERS

Unnumbered	Report from the European Parliament on a proposal for a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (FCO) [28.05.08]
No COM number Not on IPEX	Sifted 3 June 2008; Letters to the Chairman 26 May 08, 9 Jun 08; Letter to the Government 18 Jun 08 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe; Request to be provided with a copy of the decision in due course
Unnumbered	Proposal for a Directive of the European Parliament and the Council providing for minimum standards on sanctions against employers of illegally staying third-country nationals (HO) [16.02.09]
No COM number Not on IPEX	Sifted 24 February 2009; Letter to the Government 5 Mar 09 - Cleared from Scrutiny - Phil Woolas MP, Minister of State for borders and Immigration; Request for explanation of why the Committee received the latest text after agreement in Council. Should the Government contemplate opting in to this measure a further Explanatory Memorandum is expected
Unnumbered	Draft Framework Decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings (OCJR) [18.03.09]
No COM number Not on IPEX	Sifted 24 March 2009; Letter to the Government 2 Apr 09 - Cleared from Scrutiny - Lord Bach, Parliamentary Under Secretary of State; Request to be kept informed of the text as it emerges from Council
Unnumbered	Draft resolution of the Council on a roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings [08.10.09] (OCJR)
No COM number Not on IPEX	Sifted 14 October 2009 in advance of sift of 20 Oct 09; Letter to the Government 21 Oct 09 - Cleared from scrutiny - Lord Bach, Parliamentary Under Secretary of State; Request for further information
COM (08) 329	Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee towards a European e-Justice strategy (MoJ)
IPEX	Sifted 15 July 2008; Letters to the Government 23 Jul 08, 24 Nov 08, 15 Jan 09 - Cleared from Scrutiny - Lord Bach, Parliamentary Under Secretary of State; Letters to the Chairman 8 Oct 08, 9 Dec 08; Request to be kept informed of the development of the EU's e-justice programme
13407/07 + ADD 1 COM (07) 502 IPEX	Communication from the Commission: A Europe of Results - Applying Community Law (FCO) Sifted 23 October 2007; Letters to the Government 15 Nov 07, 17 Jul 08, 30 Oct 09 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe; Letters to the Chairman 24 Jun 08, 9 Oct 09; Request to be informed of conclusion drawn from the pilot project for resolving complaints
5785/08 COM (07) 805	Report from the Commission pursuant to Article 6 of the Council Framework Decision of 24 February 2005 on confiscation of crime-related proceeds, instrumentalities and property (2005/212/JHA) (HO)
IPEX	Sifted 4 March 2008; Letters to the Government 13 Mar 08, 1 May 08 - Cleared from Scrutiny - Vernon Coaker MP, Parliamentary Under Secretary of State; Letters to the Chairman 21 Apr 08, 21 Jul 08; Awaiting final Government report on implementation
10221/1/08 COPEN 112 Rev 1	Draft Council Decision on the European Judicial Network (HO)
No COM number Not on IPEX	Sifted 8 July 2008; Letters to the Chairman 7 Jul 08, 30 Jul 08; Letter to the Government 9 Oct 08 - Meg Hillier MP, Parliamentary Under Secretary of State; Considered at meeting 16 Jul 08 - Cleared from Scrutiny
10255/08 + ADD 1 COM (08) 323	Communication from the Commission on the European Transparency Initiative - A framework for relations with interest representatives (register and code of conduct) (FCO)
IPEX	Sifted 1 July 2008; Letters to the Government 10 Jul 08, 16 Oct 08 - Cleared from Scrutiny - Rt Hon Caroline Flint MP, Minister for Europe; Letter to the Chairman 29 Jul 08; Request to see the outcome of the promised review
10770/08	Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals (HO)
No COM number Not on IPEX	Sifted 29 August 2008; Letters to the Government 9 Oct 08, 24 Nov 08, 15 Jan 09, 5 Mar 09 - Cleared from Scrutiny, 30 Apr 09, 12 Nov 09 - Phil Woolas MP, Minister of State; Letters to the Chairman 24 Oct 08, 9 Dec 08, 21 Apr 09, 13 Oct 09; Request for explanation of why the Committee received the latest text after agreement in Council. Should the Government contemplate opting in to this measure a further Explanatory Memorandum is expected
12089/08 COM (08) 466	Commission Green Paper on Copyright in the Knowledge Economy (DIUS)
IPEX	Sifted 30 September 2008; Letter to the Government 6 Nov 08, 11 Dec 08 - Cleared from Scrutiny, 23 Apr 09 - David Lammy MP, Minister of State for Higher Education and Intellectual Property; Letters to the Chairman 3 Dec 08, 26 Mar 09; Request to see the material on which the next consultation is based
5208/09 No COM number Not on IPEX	Draft framework decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings (MoJ) Sifted 24 February 2009; Letters to the Government 13 Mar 09, 2 Apr 09 - Cleared from Scrutiny, 15 May 09, 19 Jun 09 - Lord Bach, Parliamentary Under Secretary of State; Letters to the Chairman 18 Mar 09, 30 Apr 09, 1 Jun 09; Request to be kept informed of the text as it emerges from Council
12727/09	Special Report No 9/2009 concerning the efficiency and effectiveness of the personnel selection activities carried out by the European Personnel Selection Office (FCO)
No COM number Not on IPEX	Sifted 13 October 2009; Letter to the Government 5 Nov 09 - Cleared from scrutiny - Chris Bryant MP, Minister for Europe; Request for opinion on impact of language teaching on under-representation
†13885/1/09 REV	Council Decision on the security rules for protecting EU classified information [10.12.09] (CO) Sifted 15 December 2009; Letter to the Government 14 Jan 10 - Cleared from scrutiny - Rt Hon Angela Smith MP, Minister of State; Request for information on what is involved in ratification of the Intergovernmental Agreement
†15298/09 COM (09) 612	Communication from the Commission to the European Parliament and the Council on the European Transparency Initiative: The Register of Interest Representative, one year after (FCO) Sifted 1 December 2009; Letter to the Government 17 Dec 09 - Cleared from scrutiny - Chris Bryant MP, Minister for Europe Request to be kept informed of the outcome of discussions

iv.  Reports awaiting Government Response:

	No Government responses outstanding