Question
Further to the reply by the Baroness Scotland of Asthal on 12 December 2005 (Official Report, cols. 1103–05), whether they regard decisions taken under Article 251 of the treaty establishing the European Community as binding upon the United Kingdom.
Answer
Article 251 of the treaty establishing the European Community provides for measures to be adopted subject to obtaining a qualified majority in the Council of Ministers and agreement of the European Parliament. Measures adopted according to this procedure are binding upon the United Kingdom where it participates in the measure to be adopted.During the debate on the Identity Cards Bill, a question arose over whether a measure requiring EU identity cards could be adopted under Title IV of the treaty establishing the European Community. Title IV, ““Visas, asylum, immigration and other policies related to free movement of persons””, is primarily concerned with the entry of third country nationals into the Community and their rights of residence and movement once there. It does not refer to measures establishing identity cards for EU citizens. In addition, the UK is bound by Title IV measures only if it chooses to opt in to them, so even if a measure providing for EU ID cards could be adopted under Title IV, the UK would have a choice whether to participate in the measure and thus whether to be bound by it.