Two steps forward

Following up the Ombudsman's involvement in the whole campaign for transparency some good news. Last night in Committee a report was passed, finally, with broad support from across the house.

Here is the Parliament's release about it,

Press release / Communiqué de presse 10-03-2008
Clearer rules on European Ombudsman's access to information

Proposed changes in the rules governing the European Ombudsman's access to information held by EU bodies and evidence given to him by EU civil servants, are set out in a report, approved by the Legal Affairs Committee on Monday, on the Ombudsman's statute. The key aim of these changes is to boost citizens' confidence in the Ombudsman's work.

Changes in the Ombudsman's statute were requested by the Ombudsman himself, Mr Diamandouros, in a letter sent to EP President Hans-Gert Pöttering in July 2006.
Clearer rules on access to confidential documents

Committee members approved an amendment to a provision that obliges all EU institutions and bodies to provide the Ombudsman with the information he requests. This amendment deletes the current caveat that information may be refused on grounds of secrecy, which Members felt that citizens could interpret as restricting the Ombudsman's right to acquire information.

The new text spells out the rules on the handling of classified information obtained by the Ombudsman and his staff in the course of their inquiries. The report says that they would be required not to divulge any sensitive information or any document falling under the scope of the Community legislation regarding the protection of personal data.

Officials bound to testify

Committee members also agreed to change the rule on the testimony of EU officials. The approved text deletes a requirement that Community civil servants must testify "in accordance with the instructions from their administrations". Again, the committee felt that this wording might mislead citizens into thinking that officials are not always required to tell the truth.

The report setting out amendments to the statute of the European Ombudsman and his staff, drafted by by Anneli Jäätteenmäki (ALDE, FI), was approved in committee with 19 votes in favour and 3 abstentions.

After the plenary vote in Parliament, the agreement of the Council is also needed for the changes to enter into force.

Procedure: own-initiative (Rule 45.2) -- Vote in plenary: April (Strasbourg)

2008/03/10
In the chair: : Jo Leinen (DE) - PES
Committee on Constitutional Affairs

Contact:Federico De Girolamo

Now this all good stuff, but therein lies a tale. The EPP were strongly opposed to this report but were bought off by a compromise. The face saving aspect was,
"The new text spells out the rules on the handling of classified information obtained by the Ombudsman and his staff in the course of their inquiries. The report says that they would be required not to divulge any sensitive information or any document falling under the scope of the Community legislation regarding the protection of personal data".

However of course this is an utter red herring. Given that adding references to EU Regulation 1049/2001 is tautologous because as an EU body the Ombudsman is already obliged to apply EU law in his activities. The EPP have gotten themselves an "invisible" fig-leaf (their aim was to somehow deny the Ombudsman access to personal data of MEPs).

Though the report is as good as it can be for now it still has restrictions on the Ombudsman gaining access to information. To that end the Ind/Dem contingent abstained, arguing that there should be no restrictions at all.

The press officer involved should hang his head in shame however.

Firstly it was the Constitutional Affairs Committee not the Legal Affairs Committee (which he should know as he names the Committee at the bottom of the presser), and secondly the letter was sent to President Borell, not Pöttering. Pöttering may feel he has been there forever, and with his high handed ways many of us might agree with him, but in point of fact he hasn't.

Update

I note the new version of the press release has corrected one of the errors