Committee
European and External Relations Committee, 12 Sep 2006
12 Sep 2006 · S2 · European and External Relations Committee
Item of business
Transposition and Implementation of European Directives Inquiry
Gordon Jackson's question is one that I have asked myself—I suppose that it is an example of one lawyer asking another, but it could also be described as a medical condition.I want to pick up on what Bruce Crawford and Phil Gallie have said. Phil Gallie referred to the transposition rate. That is not what I have been investigating and I do not think that Mr Gallie was suggesting that that is what I should be doing. I think that he was saying that a country's willingness or capacity to transpose directives might offer a guide to the quality of transposition.I have a few points on methodology. We have yet to finalise the visits. Although the destinations are known, we have not finalised who we will meet. It is important that we do not meet only representatives of governmental bodies and that we do not talk just about transposition. We want to get a flavour of how implementation and enforcement are carried out because it would be possible to transpose a directive perfectly, but if it just sat on the statute book and no one bothered about it, not much would be achieved.I believe that it will be possible to make comparisons with what happens here. In that regard, Bruce Crawford's comments are particularly pertinent. We might find that members of the business community in the Republic of Ireland say that they are consulted at length in advance of transposition. If they tell us what happens in Ireland, we will be able to make a meaningful comparison with the process that is followed here. We can also find out how they feel about the impact of such consultation.Irene Oldfather made a helpful suggestion that it might be possible to adopt an objective approach by considering what action has been taken on implementation by European institutions such as the European Court of Justice and the European Commission. Given that the Commission has an interest in proper implementation, it will no doubt have views on how implementation can be evaluated, taking into account all the different factors. I am sure that it will have considered that in respect of many regulations over quite a period. As the paper says, the intention is that I will go to Brussels to meet the Commission at the end of the evidence-gathering process.
In the same item of business
The Convener:
SNP
We move on to item 2. What has it been called? Is it the Jim Wallace inquiry?
Gordon Jackson:
Lab
The Wallace report.
The Convener:
SNP
Yes—the Wallace report. We will have an update from Jim Wallace on his reporter's inquiry into the transposition and implementation of European Union directi...
Mr Wallace:
LD
Thank you, convener. This has shades of the previous discussion as it is an issue that I felt I had to narrow down, otherwise it could go on for ever. It is ...
The Convener:
SNP
Members may now comment.
Irene Oldfather:
Lab
I thank Jim Wallace for his work. His paper is interesting and raises several issues. I am particularly interested in paragraph 13, which indicates that"A nu...
Mr Wallace:
LD
Do I have a different paper?
Irene Oldfather:
Lab
I am referring to paragraph 13 of the annex.
Mr Wallace:
LD
Paragraph 13 of the annex. Sorry. I was looking at the main report.
Irene Oldfather:
Lab
I was quoting from the summary of the written evidence.I assume that that means analysis of states other than Ireland and Denmark, which are the countries th...
Mr Wallace:
LD
The work is proving particularly difficult, not least because of the need for translation, which is a genuine issue and means that it is not straightforward ...
Irene Oldfather:
Lab
One or two of the directives that are listed are from 2006, so the suggestion would be difficult to apply to them, but one or two are from 2003, which was th...
Mr Wallace:
LD
The idea is helpful.
Phil Gallie:
Con
What I will say is more or less along the lines of what Irene Oldfather said and concerns paragraph 13 of the summary of written evidence and the first comme...
Mr Wallace:
LD
I think so.
Phil Gallie:
Con
I will back up what Irene Oldfather said. You selected Dublin and Copenhagen for visits because they are in countries in which you are interested. A couple o...
Mr Wallace:
LD
I acknowledge the merit in what Phil Gallie says. One consideration in arranging visits was that they should not appear to be excessive, but a visit might no...
The Convener:
SNP
The travel was agreed first by the committee and then by the Conveners Group.
Mr Wallace:
LD
I am not saying that travel would be necessary; there are ways of operating without travelling.
Phil Gallie:
Con
France and Italy are particularly interesting, although I would be satisfied with a study of Spain.
Mr Wallace:
LD
I will bear that in mind.
Phil Gallie:
Con
It is a tough job.
The Convener:
SNP
Perhaps Mr Jackson would like to help Mr Wallace.
Mr Wallace:
LD
Tuscany will call.
Bruce Crawford:
SNP
I have not a different view, but a different emphasis from Phil Gallie. What matters is the quality of what countries do with directives once they have them;...
John Home Robertson:
Lab
I, too, thank Jim Wallace for what he has done. The issue goes to the heart of what the committee needs to do. How often do we hear examples of something tha...
Gordon Jackson:
Lab
I am curious to ask Jim Wallace: when you look at another country, how do you find out the truth?
John Home Robertson:
Lab
It is bad enough in Scotland.
Gordon Jackson:
Lab
I am making a serious point. If somebody came to Scotland and said, "Do you overimplement or underimplement? Do you do enough or do too little?" the Executiv...
The Convener:
SNP
Do you think?