MEMORANDUM. Title of the official in Brussels:

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1 MEMORANDUM FROM: TO: SUBJECT: HON. MICHAEL FRENDO, SPEAKER HOUSE BUSINESS COMMITTEE INFORMATION ON THE REPRESENTATIVES OF NATIONAL PARLIAMENTS IN THE EUROPEAN PARLIAMENT DATE: 26 TH APRIL 2011 The information contained in this report was obtained from the Eleventh Bi-annual report of COSAC dated May At the time the COSAC report was drafted, 24 out of the 27 Member States had one or more officials based permanently in Brussels. Other than the Maltese Parliament, Slovakia and Spain had not yet appointed a permanent representative. Since then, Spain has rectified its position by appointing a representative in January 2010, and Romanian Senate appointed a representative in October Te Slovak Parliament has suspended its presence but intends to appoint a new representative by the end of the year. In an interview carried in The Times of Malta with Prof. Jerzy Buzek prior to his visit to Malta in the beginning of 2011, the President of the EP stated that: Other member states have found that having a permanent representative in the European Parliament has helped them strengthen their organic link with us. Now that national parliaments have a larger role under the Treaty of Lisbon, it would be very opportune for Malta to appoint a permanent representative in the European Parliament. 1 This report presents the information contained in the COSAC report under 4 sections: title of the official in Brussels, term of office, frequency of reporting back to national parliament and the accountability of the official. In view of the fact that appointment and terms of reference of these officials is not harmonised throughout the EU, various models have been adopted that reflect the different structures within the respective national parliaments. A summary of the main tasks of these officials in Brussels is also presented. Finally, this report also proposes a possible outline for the terms of reference that could be adopted once the Maltese Parliament decides to appoint its permanent representative in Brussels. Title of the official in Brussels: 1 The Times of Malta, 24 January 2011: Opportune for Malta to have permanent representative at EP 1

2 - Permanent Representative of [ ] to the EU 2 - Permanent Officer of the [ ] to the EU 3 - Representative of the [ ] to the European Parliament 4 - Representative of [ ] in Brussels 5 - Head of the Representation Office of [ ] to the European Parliament 6 - Special Permanent Representative of [ ] to the European Parliament and the other EU Institutions 7 - Representative of [ ] to the COSAC Secretariat and the European Parliament 8 - Representative/Special Expert/Counsellor 9 - Head of the [ ] Liaison Office in the European Parliament 10 - Head of the Permanent Office to the EU of [ ] 11 - Special Attaché of [ ] in the Permanent Representation of [ ] to the EU 12 Permanent Representative of [ ] to the European Institutions 13 - EU Liaison Officer 14 The French Senate appointed a Representative responsible for the administrative section of the [ ], who is an official of the European Affairs Services. The Italian Camera dei Deputati appoints an official of the Department of EU Affairs. Term in office: - No fixed term 15 - Decision taken on a case by case basis 16 - No fixed term - Decision taken on a case by case basis months 18-2 years 19-3 years 20 2 Austria (Nationalrat and Bundesrat), Denmark (Folketing), France (Assemblée nationale), Ireland (House of the Oireachtas), Italy (Senato della Repubblica), Lithuania (Seimas), Netherlands (States-General), Poland (Sejm and Senat), Portugal (Assembleia da Républica), UK (House of Commons), Spain (Cortes Generales) 3 Germany (Bundestag) 4 Belgium (Chambre des représentants and Sénat), Bulgaria (Narodno Sabranie), Cyprus (Vouli Ton Antiprosopon), Estonia (Riigikogu), Slovenia (Drzavni zbor) 5 Czech Republic (Sénat) 6 Romania (Camera Deputatilor) 7 Slovakia (Narodna rada) 8 Czech Republic (Poslanecka Smenovna) This Chamber did not have a representative in Brussels, but the Member of the COSAC Secretariat also performs tasks linked to the Czech Presidency (information available as at May 2009 when the Czech Republic held the EU Presidency). 9 Finland (Eduskunta) 10 Greece (Vouli Ton Ellinon) 11 Hungary (Orszaggyules) 12 Latvia (Saeima) 13 Luxembourg (Chambre des Députés), Sweden (Riksdag) 14 UK (House of Lords), Spain (Cortes Generales) 15 Austria (Nationalrat and Bundesrat), Belgium (Sénat), Denmark (Folketing 3-4 years is normal and is renewable), France (Assemblée nationale maximum 8 years), France (Sénat), Germany (Bundestag), Greece (Vouli Ton Ellinon), Italy (Camera dei Deputati as long as they alternate), Italy (Senato), Luxembourg (Chambre des Députés), Netherlands (States-General), Poland (Senat), Romania (Camera Deputatilor) 16 Belgium (Chambre des représentants), Latvia (Saeima should not exceed 3 years, renewable once), Poland (Sejm renewable) 17 Bulgaria (Narodno Sabranie) 18 Czech Republic (Poslanecka Smenovna non-renewable) 19 Czech Republic (Sénat renewable upon agreement), Portugal (Assembleia da Républica renewable once), Slovenia (Drzavni zbor renewable, finally decided by the Secretary General), Sweden (Riksdag renewable), UK (House of Commons and House of Lords renewable for 1 year, total maximum of 3 years) 2

3 - 4 years 21 - Subject to agreement between Ministry of Foreign Affairs and [ ] 22 In Romania, the Standing Bureau of the Camera Deputatilor is entitled to decide on term of office. Frequency of reporting by the official: - Ad-hoc basis 23 - Weekly report 24 - Regularly 25 - On request 26 Accountability of the official: - To the Speaker 27 - To the Speaker and Secretary General 28 - To the Secretary General 29 - To the Secretary General and to the Head of Department on European Affairs in terms of setting priorities 30 - To the Head of EU Affairs and the Secretary General 31 - To the Head of the EU and International Affairs Department 32 - To the Head of the Office for Relations with EU Institutions and to the Head of the International Affairs Service 33 - To the Director of the Department of European Affairs and Inter-parliamentary Relations 34 - To the Head of Secretariat of the EU Affairs Committee 35 - To the Director of the EU Secretariat Cyprus (Vouli Ton Antiprosopon regulated by Article 47 on the Law on Public Service not generally renewable), Estonia (Riigikogu renewable), Ireland (House of the Oireachtas non-renewable), Lithuania (Seimas may be extended for up to one year), Slovakia (Narodna rada non-renewable) 21 Finland (Eduskunta renewable under certain circumstances) 22 Hungary (Orszaggyules) 23 Austria (Nationalrat and Bundesrat), Belgium (Chambre des représentants), Belgium (Sénat), Cyprus (Vouli Ton Antiprosopon), Czech Republic (Sénat to Members), Denmark (Folketing), Finland (Eduskunta), Ireland (House of the Oireachtas), Italy (Camera dei Deputati), Italy (Senato written), Lithuania (Seimas), Netherlands (States-General), Poland (Senat on important issues), Slovakia (Narodna rada), Slovenia (Drzavni zbor), Sweden (Riksdag), UK (House of Lords when there is something important to report) 24 Belgium (Sénat), Cyprus (Vouli Ton Antiprosopon), Finland (Eduskunta), Germany (Bundestag), Poland (Sejm), Poland (Senat) 25 Czech Republic (Sénat to parliamentary officials), Estonia (Riigikogu), Germany (Bundestag), Greece (Vouli Ton Ellinon), Hungary (Orszaggyules), Ireland (House of the Oireachtas every 2 or 3 weeks), Italy (Senato orally), Lithuania (Seimas), Luxembourg (Chambre des Députés), Netherlands (States-General), Romania (Camera Deputatilor), Slovenia (Drzavni zbor), UK (House of Commons) 26 Belgium (Sénat), Bulgaria (Narodno Sabranie requested by the Speaker), Latvia (Saeima), Portugal (Assembleia da Républica and ad hoc reports when requested) 27 Romania (Camera Deputatilor) 28 Bulgaria (Narodno Sabranie) 29 Cyprus (Vouli Ton Antiprosopon), Lithuania (Seimas), Slovakia (Narodna rada) 30 Belgium (Chambre des représentants), Slovenia (Drzavni zbor) 31 Czech Republic (Sénat), Denmark (Folketing), France (Sénat), Luxembourg (Chambre des Députés), Poland (Senat), Portugal (Assembleia da Républica) 32 Austria (Nationalrat and Bundesrat), Greece (Vouli Ton Ellinon), Hungary (Orszaggyules), Italy (Camera dei Deputati) 33 Italy (Senato) 34 Belgium (Sénat) 35 Estonia (Riigikogu) 36 Finland (Eduskunta), Germany (Bundestag) 3

4 - To the Director General for the European, International and Defence Affairs 37 - To the Director of Committees 38 - To the Head of Secretariat of the Chamber 39 - To the Chairperson and the Senior Advisor to the European Affairs Committee 40 - To the Principal Clerk of delegated Legislation 41 - To the Clerk of the EU Committee and the Clerk of the Scrutiny Committee 42 Principal objectives of the representatives: - To follow up and report back at an early stage on the EU decision-making process and other developments in Brussels in order to enhance democratic control and political influence on the EU decision-making process; - To provide rapid and up to date information on EU matters to national parliaments, particularly regarding scrutiny matters and the control of subsidiarity by national parliaments; - To communicate information about national parliaments dealings with EU issues; - To assist in the preparation for the presidency of the EU, especially in view of the membership in the COSAC s Secretariat for 18 months; - To enhance the direct cooperation between national parliaments and the EU institutions; - To organise visits by MPs and parliamentary officials to the EU institutions and to offer support to delegations participating in interparliamentary meetings; - To network and exchange information with the other permanent representatives especially as a result of the new roles foreseen by the Lisbon Treaty; and - To contribute to the career development of parliamentary officials. PROPOSED APPOINTMENT AND TERMS OF REFERENCE FOR THE MALTESE PARLIAMENT: Title: [Permanent] Representative of the Maltese Parliament to the EU Term of Office: 3 years, non-renewable Background: knowledge of the workings of the EU institutions, primarily the European Parliament, the Commission and the Council Salary: Scale 7 plus allowances given to Diplomatic Staff at the Maltese embassies abroad Accountability: accountable to Speaker and the Clerk of the House of Representatives; works closely with the Chairman and Members of the Foreign and European Affairs Committee and with the FEAC staff; Reports: on a regular basis to FEAC Members, and upon request to the Speaker and the Clerk of the House of Representatives. Responsibilities: - Joins the network of permanent representatives of national parliaments - Establishes contacts with officials from the European Parliament, the Commission, and the Council, responsible for relations with national parliaments 37 France (Assemblée nationale) 38 Ireland (House of the Oireachtas), Netherlands (States-General) 39 Sweden (Riksdag) 40 Latvia (Saeima), Poland (Sejm) 41 UK (House of Commons) 42 UK (House of Lords) 4

5 - Updates the network of permanent representatives with important national issues - Updates the network of permanent representatives with relevant EU related matters going on in the Maltese Parliament, particularly but not limited to the control of subsidiarity - Reports back to the Maltese Parliament on important issues being discussed at EU level - Supports Maltese MPs participating in interparliamentary meetings (JPMs and JCMs) in Brussels by preparing necessary briefings and documentation - Attends interparliamentary meetings, particularly when MPs from Malta cannot be present - Provides reports following interparliamentary meetings in Brussels - Assists delegations from the Maltese Parliament visiting the European Institutions Selection: Option 1: Call for applications from within the Public Service; Speaker and Clerk of the House of Representatives responsible for the selection, as well as 2 MPs from the FEAC. Option 2: Call for applications from outside the Public Service; Speaker and Clerk of the House of Representatives responsible for the selection, as well as 2 MPs from the FEAC. Option 3: If the staff complement of the FEAC is increased to at least four, a yearly rotation system similar to that adopted by the Italian Camera dei Deputati can be put in place. In view of the fact that this possibility was not defined in the call for applications, this system cannot be mandatory for all the staff and the term of office would need to be flexible and on a case by case basis. Option 4: The person chosen would be a member of the diplomatic staff of the Ministry of Foreign Affairs chosen by a 3-person board including 2 MPs from the FEAC selected from a list of 3-5 persons nominated by the Permanent Secretary of the Ministry of Foreign Affairs. This could be an initial method to facilitate quick implementation. Members of the House Business Committee are called to discuss this memorandum and to choose one of the options herewith provided or to recommend any other option. This matter is now a matter of urgency and needs to be addressed without any further delay. Michael Frendo Speaker 5

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