I recently wrote a letter to Seán Gorman, Secretary General of the Department of Enterprise, Trade and Employment, concerning early warning notes. The content of the letter is as follows:
Re: Oireachtas Scrutiny of Legislative Proposals received from the Department of Enterprise, Trade and Employment.
The system of sending early warning notes (on trade defence measures) to the Sub-Committee on European Scrutiny, which was agreed with your Department in 2004, has worked very well during 2005. The procedure has greatly facilitated the Sub-Committee by providing it with advance warning regarding the provision of anti-dumping duties in both new and review cases. During 2005, the majority of proposals concerning anti-dumping measures were preceded by Early Warning notes for the consideration of the Sub-Committee. There was also a very significant drop in the number of adopted measures received by the Sub-Committee. The Sub-Committee further welcomed the initiative, taken by the Department, in sending a letter indicating measures likely to be agreed by written procedure during the Commission's summer recess.
However, the Sub-Committee noted that two of the proposals, COM(2005)663 and COM(2005)664, considered by the Sub-Committee at its meeting of 26th January 2006 were not the subject of advance early warning notes and were submitted after their adoption.
While it is appreciated that, on occasion, exceptional circumstances will arise, the Sub-Committee would request that the Department endeavour to ensure that the Early Warning System operates as envisaged in the future. Regarding receipt of adopted measures which were not anti-dumping measures, I would further ask that the Department indicate, where required, if proposals are likely to be adopted by written procedure.
The Sub-Committee appreciates the effort the Department has put into ensuring that information is brought to its attention to allow it to fully scrutinise all proposals emanating from the EU, including ones which are adopted within a short period of time. It is currently satisfied that the Early Warning System agreed in discussions with officials from the Department is the correct system.
The sub-committee adjourned at 10.15 a.m. until 9.30 a.m. on Thursday, 2 March 2006.