LORDS

UK’s 2014 opt-out decision (Protocol 36)

The EU Sub-Committee on Justice, Institutions and Consumer Protection and the EU Sub-Committee on Home Affairs, Health and Education conducted a joint inquiry into the UK’s 2014 opt-out decision. The report was published on 23 April 2013. The inquiry was re-opened on 18 July 2013 and a follow-up report was published on 31 October 2013. Both reports were debated in the House of Lords on 23 January 2014.

Protocol 36 of the Treaty of Lisbon allows the Government to decide, by 31 May 2014, whether the UK should continue to be bound by approximately 130 police and criminal justice (PCJ) measures, which would all become subject to the jurisdiction of the Court of Justice of the European Union and the European Commission’s enforcement powers, or if it should exercise its right to opt-out of them all. Either scenario would then take effect from 1 December 2014. The Government has undertaken to organise a debate and a vote in each House before a decision is made.


The Government’s announcement by the Home Secretary on 9 July 2013 provided a list of the 35 measures that the Government would seek to rejoin should the opt-out be exercised. The announcement and the absence of this list of measures during the Committee’s original inquiry has prompted the decision to reopen the inquiry to further scrutinise these developments.

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    Glossary

    • Reports and associated evidence - reports and evidence featuring written submissions and corrected oral evidence published at the conclusion of Committee inquiries. Evidence is periodically updated over the course of an inquiry and is not finalised until the relevant Report is published.
    • Uncorrected oral evidence - transcripts of oral evidence not yet approved by the Committee or witnesses.
    • Other oral evidence - corrected transcripts of oral evidence, usually taken for scrutiny purposes or for ad hoc/regular evidence sessions with Ministers.
    • Evidence - written submissions and corrected oral evidence published for scrutiny purposes or for ad hoc/regular evidence sessions with Ministers.
    • Responses to Reports - Government Department and European Commission responses to reports.
    • Call for Evidence - request to submit evidence to a Committee inquiry.
    • Correspondence - correspondence received and sent by the Committee excluding ministerial correspondence.
    • Correspondence with Ministers - Ministerial correspondence received and sent by the Committee.
    • Progress of Scrutiny - records the decisions taken by the EU Committee on European documents that have been deposited in Parliament for scrutiny.

Follow-up inquiry

UK’s 2014 opt-out decision (Protocol 36) follow-up inquiry

EU Sub-Committee E and F are currently conducting a joint follow-up inquiry on the UK’s 2014 opt-out decision (Protocol 36).

Members Interests

Members' interests in relation to this inquiry

The Members of the Sub-Committees have declared the following interests in relation to this inquiry:

Members are required to register any financial and non-financial interests that a reasonable member of the public might think would influence their actions in Parliament. The full text of the Register is available online: