From: THE LORD GRENFELL Chairman of the Select Committee on the European Union COMMITTEE OFFICE HOUSE OF LORDS LONDON SW1A 0PW Tel: 020 7219 6083 Fax: 020 7219 6715 18 June 2008 Report from the European Parliament on a proposal for a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing the performance of the Ombudsman’s duties This proposal was considered by Sub-Committee E (Law and Institutions) at its meeting of 18 June 2008 We welcome the changes to the Ombudsman’s Statute, which we expect will improve access to documents by the Ombudsman and EU citizens. We note that your concerns regarding the proposal have been addressed in the negotiations, although it is regrettable that you were unable to provide us a copy of the amendments in time for us to consider them. As regards your assessment of fundamental rights in your EM, it is disappointing that you simply indicate that the proposal “does not give rise to fundamental rights issues”. Aside from the broader question of the Ombudsman’s fundamental rights role, several rights – including the right to good administration, the right to complain to the Ombudsman and the right to have access to documents – are engaged by the present proposal. We expect to see an accurate and comprehensive analysis in respect of every legislative proposal and will not always be prepared to consider an EM where such an analysis is absent. We have decided to clear the draft decision from scrutiny and would be grateful if you would provide us with a copy of the agreed decision in due course. I am copying this letter to Michael Connarty MP, Chairman of the Commons European Scrutiny Committee; and to Alistair Doherty, Clerk to the Commons Committee; Michael Carpenter, Legal Adviser to the Commons Committee; Les Saunders (Cabinet Office); and Tom Hines, Departmental Scrutiny Co-ordinator. GRENFELL Jim Murphy MP Minister for Europe Foreign & Commonwealth Office King Charles Street Whitehall London SW1A 2AH