House of Commons Amendments

Session 2010 - 11
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Other Bills before Parliament

1571

House of Commons

Tuesday 8 March 2011

Consideration of Bill

European Union Bill, As Amended

New ClauseS

Provision of documentation under Part 1

Ms Gisela Stuart

Mr James Clappison

Mr Douglas Carswell

Kate Hoey

Kelvin Hopkins

Michael Connarty

Total signatories: 8

NC1

To move the following Clause:—

‘(1)
A statement laid before Parliament under section 5 of this Act shall be

accompanied with all relevant documentation on the treaty or decision concerned,

including all amendments sponsored by Ministers and other member states during

negotiation of the treaty or decision.

(2)
All decisions which as a result of any of sections 6 to 10 of this Act require

approval by referendum or Act or resolution shall be accompanied with all

relevant documentation on the decision concerned, including all amendments

sponsored by Ministers and other member states during negotiation of the

decision.’.

Consideration of Bill: 8 March 2011
1572

European Union Bill, continued

Parliament Act 1911 in relation to sections 1 to 7

Jacob Rees-Mogg

Mr William Cash

Mr Bernard Jenkin

Mr Sam Gyimah

Steve Baker

Martin Vickers

NC2

To move the following Clause:—

‘(1)
The Parliament Act 1911 is amended as follows.

(2)
In section 2(1), after “five years” there is inserted “or a Bill amending or repealing

sections 1 to 7 of the European Union Act 2011”.’.

Decisions subject to special referral procedure in TFEU

Chris Heaton-Harris

NC3

To move the following Clause:—

‘(1)
A Minister of the Crown may not permit the United Kingdom’s participation in

the final adoption of a decision to which this subsection applies unless subsection

(3) or (4) is complied with in relation to the draft decision.

(2)
The decisions to which subsection (1) applies are—

(a)
a decision under the provision of Article 48 of TFEU that permits the

adoption of legislative acts in the field of social security;

(b)
a decision under the provision of Article 82(2) of TFEU that permits the

adoption of directives establishing minimum rules in criminal procedure,

unless the decision falls under section 9(4);

(c)
a decision under the provision of Article 83(1) of TFEU that permits the

adoption of directives establishing minimum rules concerning the

definition of criminal offences and sanctions, unless the decision falls

under section 9(4);

(d)
a decision under the provision of Article 83(2) of TFEU that permits the

adoption of directives establishing minimum rules concerning the

definition of criminal offences and sanctions.

(3)
This subsection is complied with if—

(a)
a draft decision is before the Council,

(b)
in each House of Parliament a Minister of the Crown moves a motion that

the House does not believe the United Kingdom should request the

referral of a specified draft decision to the European Council under the

provision of Article 48 of TFEU, Article 82(3) of TFEU or Article 83(3)

of TFEU, as the case may be, providing for such a request, and

(c)
each House agrees to the motion without amendment.

(4)
This subsection is complied with if—

(a)
a draft decision is before the European Council,

Consideration of Bill: 8 March 2011
1573

European Union Bill, continued

(b)
in each House of Parliament a Minister of the Crown moves a motion that

the House approves Her Majesty’s Government’s intention to support the

referral of a specified draft decision back to the Council, and

(c)
each House agrees to the motion without amendment.’.

Certain decisions under Article 312 of TFEU requiring approval by Act and by

referendum

Chris Heaton-Harris

NC4

To move the following Clause:—

‘(1)
A Minister of the Crown may not vote in favour of or otherwise support a decision

to which this subsection applies unless—

(a)
the draft decision is approved by Act of Parliament, and

(b)
the referendum condition is met.

(2)
The referendum condition is that set out in section 3(2), with references to a

decision being read for the purposes of subsection (1) as references to a draft

decision.

(3)
Subject to subsection (6), subsection (1) applies to a decision under Article 312(2)

of TFEU to adopt a regulation laying down the first multiannual financial

framework of the European Union for the period following 2013, where that

multiannual financial framework would include—

(a)
an initial annual ceiling on total EU payment appropriations that was

higher than the ceiling on total EU payment appropriations for 2013 in

the multiannual financial framework covering 2013, taking account of an

adjustment of the 2013 ceiling for inflation,

(b)
subsequent annual ceilings on total EU payment appropriations, some or

all of which increased from the previous year, or could increase from the

previous year without revision of the multiannual financial framework

through the procedure laid down in Article 312(2) of TFEU, by more than

an adjustment for inflation,

(c)
an initial annual ceiling on total EU commitment appropriations that was

not lower than the ceiling on total EU commitment appropriations for

2013 in the multiannual financial framework covering 2013, taking

account of an adjustment of the 2013 ceiling for inflation, or

(d)
subsequent annual ceilings on total EU commitment appropriations,

some or all of which were at least as high as the previous year’s ceiling

adjusted for inflation, or could be at least as high as the previous year’s

ceiling adjusted for inflation without revision of the multiannual

financial framework through the procedure laid down in Article 312(2)

of TFEU.

(4)
For the purposes of subsection (3), the only relevant adjustments for inflation are

those used by the EU for the figures involved.

(5)
Subject to subsection (6), subsection (1) also applies to a decision under Article

312(2) of TFEU to adopt a regulation revising the first multiannual financial

framework of the European Union for the period following 2013, where that

regulation would cause the multiannual financial framework to include provision

identified in subsection (3) when the framework had not done so before.

Consideration of Bill: 8 March 2011
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European Union Bill, continued

(6)
Inclusion of provision to enable EU payment or commitment appropriations to be

reallocated between the annual ceilings of the same type of appropriation in a

multiannual financial framework does not of itself cause a regulation laying down

or revising a multiannual financial framework to fall under subsection (1).’.

Certain decisions under Article 311 of TFEU

Chris Heaton-Harris

NC5

To move the following Clause:—

‘(1)
A Minister of the Crown may not confirm the approval by the United Kingdom

of a decision to which this subsection applies unless—

(a)
the decision is approved by Act of Parliament, and

(b)
the referendum condition or the exemption condition is met.

(2)
Subsection (1) applies to a decision under the third paragraph of Article 311 of

TFEU to adopt a decision laying down provisions relating to the system of own

resources of the European Union, where the decision adopted contains provision

for payment to the EU as own resources, without the need for a further decision

under the third paragraph of Article 311 of TFEU, of some or all of the revenues

from a tax or other levy on natural or non-State legal persons that is established

or which may be established by EU law (including by that decision).

(3)
The referendum condition is that set out in section 3(2).

(4)
Subject to subsection (5), the exemption condition is that the Act providing for

the approval of the decision states that—

(a)
under the provisions relating to the system of own resources of the

European Union in force at that time, revenues from the tax or other levy

referred to in subsection (2), or from a tax or other levy that is very

similar and which is established or may be established by EU law, are

already paid in whole or part to the EU as own resources or may be paid

in whole or part to the EU as own resources without a further decision

under the third paragraph of Article 311 of TFEU, and

(b)
the adopted decision to which the decision relates does not contain

provision that is likely to require or allow a significant increase in the

amount or proportion of revenue obtained in the United Kingdom in any

one year from the tax or other levy referred to in subsection (2) that is or

may be paid to the EU as own resources, compared to that required or

allowed by the provisions relating to the system of own resources of the

European Union in force at that time.

(5)
Where a statement as per subsection 4(a) is made that revenues from a very

similar tax or other levy to the tax or other levy referred to in subsection (2) are

or may already be paid in whole or part to the EU as own resources, the statement

for the purposes of subsection 4(b) may state that the adopted decision to which

the decision relates does not contain provision that is likely to require or allow to

be paid to the EU as own resources an amount or proportion of revenue obtained

in the United Kingdom in any one year from the tax or other levy referred to in

subsection (2) that is significantly greater than the amount or proportion of

revenue obtained in the United Kingdom in any one year from the very similar

tax or other levy required or allowed to be paid to the EU as own resources by the

Consideration of Bill: 8 March 2011
1575

European Union Bill, continued

provisions relating to the system of own resources of the European Union in force

at that time.’.

Mr William Cash

Mr Bernard Jenkin

Mr John Redwood

Mr John Whittingdale

Mr James Clappison

Jacob Rees-Mogg

1

Page  4,  line  8  [Clause  4],  at end insert ‘except where any such provision

substantially affects all or any of the political, economic, fiscal, social or constitutional

relationship between the United Kingdom and other Member States of the European

Union.’.

Chris Heaton-Harris

6

Page  4,  line  43  [Clause  6],  at end insert—

‘(2A)
A Minister of the Crown may not confirm the approval by the United Kingdom

of a decision under the provision of Article 218(8) of TFEU for the accession of

the European Union to the European Convention for the Protection of Human

Rights and Fundamental Freedoms in accordance with Article 6(2) of TEU

unless—

(a)
the decision is approved by Act of Parliament, and

(b)
the referendum condition is met.’.

Chris Heaton-Harris

8

Page  6,  line  21  [Clause  7],  after ‘Union’, insert ‘, unless the decision falls under

section (Certain decisions under Article 311 of TFEU)’.

Chris Heaton-Harris

7

Page  6,  line  39  [Clause  7],  at end add—

‘(da)
a decision under Article 312(2) of TFEU to adopt a regulation laying

down or revising the multiannual financial framework of the European

Union, unless the decision falls under section (Certain decisions under

Article 312 of TFEU requiring approval by Act and by referendum).’.

Chris Heaton-Harris

4

Page  8,  line  22  [Clause  9],  at end insert—

‘(4A)
For decisions under a provision falling within either paragraph (b) or (c) of

subsection (2) that are subject to qualified majority voting, otherwise supporting

Consideration of Bill: 8 March 2011
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European Union Bill, continued

a decision includes, for the purposes of subsection (4), permitting the United

Kingdom’s participation in the final adoption of a decision.’.

Secretary William Hague

3

Page  9,  line  2  [Clause  10],  at end insert—

‘(1A)
A Minister of the Crown may not vote in favour of or otherwise support a decision

to which this subsection applies unless Parliamentary approval has been given in

accordance with this section.

(1B)
Subsection (1A) applies to a decision under Article 48(7) of TEU which in

relation to a provision of TFEU applies the ordinary legislative procedure in place

of a special legislative procedure not requiring the Council to act unanimously.’

Chris Heaton-Harris

5

Page  9,  line  3  [Clause  10],  leave out subsection (2).

Mr William Cash

Mr Bernard Jenkin

Mr John Redwood

Mr John Whittingdale

Mr James Clappison

Jacob Rees-Mogg

2

Page  12,  line  4  [Clause  18],  at end insert—


‘In section 2 of the European Communities Act 1972, after subsection (1) there is

inserted the following—


“(1A).”’.

Order of the House [7 DECember 2010]

That the following provisions shall apply to the European Union Bill:

Committal

1.
The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on consideration and Third Reading

2.
Proceedings in Committee, any proceedings on consideration and

proceedings on Third Reading shall be completed in five days.

3.
The proceedings shall be taken in the order shown in the first column of the

following Table.

4.
The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

Consideration of Bill: 8 March 2011
1577

European Union Bill, continued

TABLE

Proceedings
Time for conclusion of proceedings

Clause 18, new Clauses relating to
The moment of interruption on the first

Clause 18, new Schedules relating to
day.

Clause 18.

Clauses 1 to 5, new Clauses relating to
The moment of interruption on the

any of Clauses 1 to 5, new Schedules
second day.

relating to any of Clauses 1 to 5.

Clause 6, Schedule 1, new Clauses
90 minutes before the moment of

relating to Clause 6 or Schedule 1, new
interruption on the third day.

Schedules relating to Clause 6 or

Schedule 1.

Clauses 11 to 13, new Clauses relating
The moment of interruption on the third

to any of Clauses 11 to 13, new
day.

Schedules relating to any of Clauses 11

to 13.

Clauses 7 to 10, new Clauses relating to
The moment of interruption on the

any of Clauses 7 to 10, new Schedules
fourth day.

relating to any of Clauses 7 to 10,

Clause 14, new Clauses relating to

Clause 14, new Schedules relating to

Clause 14.

Clauses 15 to 17, Schedule 2, new
Two hours before the moment of

Clauses relating to Part 2, new
interruption on the fifth day.

Schedules relating to Part 2, Clauses 19

to 22, remaining new Clauses,

remaining new Schedules, remaining

proceedings in Committee.

Any proceedings on consideration,
The moment of interruption on the fifth

proceedings on Third Reading.
day.

5.
Standing Order No. 83B (programming committees) shall not apply to

proceedings in Committee, to any proceedings on consideration or to

proceedings on Third Reading.

Other Proceedings

6.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

EUROPEAN UNION BILL (PROGRAMME) (NO.2)

Secretary William Hague

That the Order of 7 December 2010 (European Union Bill (Programme)) be varied as

follows:

1.
In paragraph 2, for ‘five days’ there shall be substituted ‘six days’.



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