Rt Hon Lord Lilley


    To ask the Secretary of State for Justice on how many occasions the Government has (a) considered exercising and (b) exercised an opt-in to a new EU measure in each of the last five years; and which such measures the Government has opted into.
    Ministry of Justice
    Djanogly, Jonathan
    I refer the right hon. Member to the written ministerial statement given by my hon. Friend the Parliamentary Under-Secretary of State for the Home Department (James Brokenshire) on 14 October 2010, Official Report, columns 35-36WS, which provides these details in respect of measures for which the Home Secretary is responsible.The Government carefully consider whether or not to opt-in to new measures on each and every occasion the question arises. Since 1 December 2005 the Government have considered whether to exercise the UK’s opt-in in relation to over 90 measures in many different policy areas.I set out in the following list the main measures in which the UK has opted in during this period of time and which are the responsibility of my Department and its predecessor constituent parts that became the Ministry of Justice in May 2007. I have also included several measures and international agreements with Justice and Home Affairs elements on which other Departments lead but which are also within the scope of this question as the opt-in also applies to such elements.This list excludes minor amendments to instruments which have been agreed via further legislative instruments; comitology agreements (again emerging from these instruments); measures on the financial programmes in this area; or legislative instruments giving effect to international agreements, such as the conventions of the Hague Conference on Private International Law.

    RefTitleYear of opt-in decision
    593/2008Regulation of the European Parliament and the Council on the law applicable to contractual obligations (“Rome I”)2008
    4/2009Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations2008
    568/2009/ECDecision of the European Parliament and of the Council of 18 June 2009 amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters2008
    2010/64/EUDirective of the European Parliament and of the Council on the Right to Interpretation and Translation in Criminal Proceedings (Member States) initiative2010
    17513/09Draft Directive of the European Parliament and of the Council on the European Protection Order2010
    12564/10Draft Directive of the European Parliament and of the Council on the Right to Information in Criminal Proceedings2010
    8502/10; 8523/10EU-Republic of Korea Free Trade Agreement2010
    2010/0178Council Decision on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Programme2010
    8155/10Draft Directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornography, extending and repealing Framework Decision 2004/68/JHA2010