Council of Justice and Home Affairs
01 May 1996
The meeting of the Council of Justice and Home Affairs Ministers in Luxembourg on 4 June was the most confusing one held to date. The UK government, represented by Home Secretary Michael Howard, went there having announced a list of reports to be blocked because of the "beef ban". But some of the items to be blocked were not agreed anyway so could not be blocked. Overall 11 reports were "beef ban" blocked, 3 reports were not blocked and agreed, 6 reports were either not agreed or required "more work". A summary of the outcome is given below.
Despite all the UK-hype over the "beef ban" blocks the Italian Presidency was simply recording these as "UK scrutiny reservations" - which means measures agreed could proceed following the Florence Summit on 21-22 June. There is still a slight problem with adopting measures this way as, unusually, the Irish Presidency which took over on 1 July plans to have only one meeting of the Council of Justice and Home Affairs Ministers in November. It has become the practice to hold two such meetings during each Presidency. This probably means the 11 agreed reports will be slipped through another Council of Ministers meeting in July.
Mr Howard opened the discussion on each item to be blocked by the following prepared statement:
"Colleagues will be aware of the UK's position that until there is agreement to lift the export ban on beef derivatives and until a clear framework is in place leading to a lifting of the wider ban, the UK cannot be expected to continue to cooperate normally on other Community business. I will not be able to agree today to decisions requiring unanimity.
I should emphasise my willingness to participate in discussion on the substance of other matters on the agenda. I hope we can make good progress on them so that, when a satisfactory solution has been reached, the Council can rapidly resolve these blocked points."
Mr Giorgio Napolitano, the Italian Minister of the Interior, speaking for the Italian Presidency told a press conference at the end of a frustrating morning session that: "We have made a few steps forward.. but there is the infamous UK reservation." The "beef ban" is now be over but the longer term effects of the UK government's tactics will only become apparent when the final proposals from the 1996 IGC for the "third pillar" are published. The UK's intransigence over the European Court of Justice having any role in the Conventions coming out of this Council of Ministers is still on the table and is seen as yet another example of the UK's isolation on important questions.
Summary of decisions
External Borders Convention: no agreement. This is still blocked by the dispute between the UK and Spain over the status of Gibraltar. The inclusion of the European Court of Justice also remain a major issue.
Commission's three free movement proposals: no agreement. Known as the "Monti Directives" after the Commissioner who presented them. These are lying on the table and will remain so unless there is a change of mind by the UK. The Commission and Belgium believe these proposals are the preserve of the "first pillar" and not the intergovernmental "third pillar".
Draft Council recommendation on the fight against illegal employment of third states citizens: agreed, "beef ban" blocked. Would propose the adoption of sanctions against employers taking on "illegal workers" and those who promote those employing "illegal" workers; joint operations to track "illegals" down; and information exchanges.
Eurodac: no decision needed simply a report of the state of work on the feasibility of a computerised fingerprint database on refugees and asylumseekers to be put in place when the Dublin Convention, signed in 1990, is finally ratified by all the then 12 EU member states. Ireland and the Netherlands still have to complete ratification.
Europol: there was disagreement over the proposed budget for the Europol Drugs Unit for 1997 which included a 16.