Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 4 September 2013                  

58

 

European Union (Referendum) Bill, continued

 
 

(3)    

The Secretary of State may by order make further provisions for the purposes of

 

facilitating the holding of the referendum or implementing recommendations of

 

the Electoral Commission in respect of the referendum.

 

(4)    

An order under this section may make minor, consequential or incidental

 

modifications or amendments to this Act or another enactment that was passed

 

before this Act is passed if the Secretary of State is reasonably satisfied that there

 

are compelling reasons to make such modifications or amendments.

 

(4A)    

No order under this Act may be made unless a draft of the order has been laid

 

before, and approved by a resolution of, each House of Parliament.’.

 

Emma Reynolds

 

83

 

Clause  3,  page  2,  line  7,  leave out ‘by order’ and insert ‘present further legislation

 

to Parliament to’.

 

Emma Reynolds

 

84

 

Clause  3,  page  2,  line  9,  leave out sub-paragraph (4).

 

Emma Reynolds

 

81

 

Clause  3,  page  2,  line  13,  after second ‘a’, insert ‘super-affirmative resolution’.

 

Emma Reynolds

 

80

 

Clause  3,  page  2,  line  14,  at end insert—

 

‘(5)    

Results for the referendum will be published according to European

 

parliamentary constituencies, except that Gibraltar’s results shall be published

 

separately from the rest of the South West.’.

 

Emma Reynolds

 

86

 

Clause  3,  page  2,  line  14,  at end insert—

 

‘(1)    

The counting officer must provide each presiding officer with however many

 

ballot boxes and ballot papers the counting officer thinks are necessary.

 

(2)    

Every ballot box must be constructed so that the ballot papers can be put in it, but

 

cannot be withdrawn from it, without the box being unlocked or (in the case of a

 

box without a lock) the seal being broken.’.

 

Mr Barry Sheerman

 

Mr William Bain

 

91

 

Clause  3,  page  2,  line  14,  at end insert—  

 

‘(5)    

If the turn out for the vote is found to be less than 50 per cent of electors, the

 

referendum is to be considered invalid.’.

 

Mr Barry Sheerman

 

Mr William Bain

 

92

 

Clause  3,  page  2,  line  14,  at end insert—  

 

‘If it appears to the Secretary of State that less than 40 per cent of the

 

persons entitled to vote in the referendum have voted “no” in reply to the


 
 

Public Bill Committee: 4 September 2013                  

59

 

European Union (Referendum) Bill, continued

 
 

question posed in the referendum he shall lay before Parliament the draft

 

of an Order for the repeal of this Act.’.

 


 

New Schedules

 

Emma Reynolds

 

NS1

 

To move the following Schedule:—

 

‘Transfer of powers

 

1          

Subject to section 1(A), a “transfer of power” involves one or more of the

 

following—

 

(a)    

the extension of the objectives of the EU as set out in Article 3 of the

 

Treaty on European Union;

 

(b)    

the conferring on the EU of a new exclusive competence;

 

(c)    

the extension of an exclusive competence of the EU;

 

(d)    

the conferring on the EU of a new competence shared with the member

 

states;

 

(e)    

the extension of any competence of the EU that is shared with the

 

member states;

 

(f)    

the extension of the competence of the EU in relation to—

 

(i)    

the co-ordination of economic and employment policies, or

 

(ii)    

common foreign and security policy;

 

(g)    

the conferring on the EU of a new competence to carry out actions to

 

support, co-ordinate or supplement the actions of member states;

 

(h)    

the extension of a supporting, co-ordinating or supplementing

 

competence of the EU;

 

(i)    

the conferring on an EU institution or body of power to impose a

 

requirement or obligation on the United Kingdom, or the removal of

 

any limitation on any such power of an EU institution or body;

 

(j)    

the conferring on an EU institution or body of new or extended power

 

to impose sanctions on the United Kingdom;

 

(k)    

any amendment of a provision listed in Schedule 1 that removes a

 

requirement that anything should be done unanimously, by consensus

 

or by common accord;

 

(l)    

any amendment of Article 31(2) of the Treaty on European Union

 

(decisions relating to common foreign and security policy to which

 

qualified majority voting applies) that removes or amends the

 

provision enabling a member of the Council to oppose the adoption of

 

a decision to be taken by qualified majority voting;

 

(m)    

any amendment of any of the provisions specified in paragraph 3 that

 

removes or amends the provision enabling a member of the Council,

 

in relation to a draft legislative act, to ensure the suspension of the

 

ordinary legislative procedure.

 

2          

A transfer of power also includes a reference to the removal of a limitation on

 

a competence.

 

3          

The provisions referred to in paragraph 1(m) are—

 

(a)    

Article 48 of the Treaty on the Functioning of the European Union

 

(social security),


 
 

Public Bill Committee: 4 September 2013                  

60

 

European Union (Referendum) Bill, continued

 
 

(b)    

Article 82(3) of the Treaty on the Functioning of the European Union

 

(judicial co-operation in criminal matters), and

 

(c)    

Article 83(3) of the Treaty on the Functioning of the European Union

 

(particularly serious crime with a cross-border dimension).

 

4          

A treaty or Article 48(6) decision does not fall within this section merely

 

because it involves one or more of the following—

 

(a)    

the codification of practice under the Treaty on European Union or the

 

Treaty on the functioning of the European Union in relation to the

 

previous exercise of an existing competence;

 

(b)    

the making of any provision that applies only to member states other

 

than the United Kingdom;

 

(c)    

in the case of a treaty, the accession of a new member state.’.

 


 

Emma Reynolds

 

NS2

 

To move the following Schedule:—

 

‘Super-affirmative resolution procedure

 

1          

The “super-affirmative resolution procedure” in relation to a draft order under

 

this Act is as follows.

 

2          

The Minister must have regard to—

 

(a)    

any representations,

 

(b)    

any resolution of either House of Parliament, and

 

(c)    

any recommendations of a committee of either House of Parliament

 

charged with reporting on the draft order,

 

            

made during the 60-day period with regard to the draft order.

 

3          

If, after the expiry of the 60-day period, the Minister wishes to make an order

 

in the terms of the draft, he must lay before Parliament a statement—

 

(a)    

stating whether any representations were made under subsection

 

(2)(a); and

 

(b)    

if any representations were so made, giving details of them.

 

4          

The Minister may after the laying of such a statement make an order in the

 

terms of the draft if it is approved by a resolution of each House of Parliament.

 

5          

However, a committee of either House charged with reporting on the draft

 

order may, at any time after the laying of a statement under paragraph 3 and

 

before the draft order is approved by that House under paragraph 4,

 

recommend under this subsection that no further proceedings be taken in

 

relation to the draft order.

 

6          

Where a recommendation is made by a committee of either House under

 

paragraph 5 in relation to a draft order, no proceedings may be taken in relation

 

to the draft order in that House under paragraph 4 unless the recommendation

 

is, in the same Session, rejected by resolution of that House.

 

7          

If, after the expiry of the 60-day period, the Minister wishes to make an order

 

consisting of a version of the draft order with material changes, he must lay

 

before Parliament—

 

(a)    

a revised draft order; and

 

(b)    

a statement giving details of—

 

(i)    

any representations made under paragraph 2(a); and


 
 

Public Bill Committee: 4 September 2013                  

61

 

European Union (Referendum) Bill, continued

 
 

(ii)    

the revisions proposed.

 

8          

The Minister may after laying a revised draft order and statement under

 

paragraph 7 make an order in the terms of the revised draft if it is approved by

 

a resolution of each House of Parliament.

 

9          

However, a committee of either House charged with reporting on the revised

 

draft order may, at any time after the revised draft order is laid under paragraph

 

7 and before it is approved by that House under paragraph 8, recommend under

 

this paragraph that no further proceedings be taken in relation to the revised

 

draft order.

 

10         

Where a recommendation is made by a committee of either House under

 

paragraph 9 in relation to a revised draft order, no proceedings may be taken

 

in relation to the revised draft order in that House under paragraph 8 unless the

 

recommendation is, in the same Session, rejected by resolution of that House.

 

11         

For the purposes of paragraphs 4 and 8 an order is made in the terms of a draft

 

order if it contains no material changes to the provisions of the draft order.

 

12         

In this section the “60-day period” means the period of 60 days beginning with

 

the day on which the draft order was laid before Parliament under section

 

1(6).’.

 


 

Martin Horwood

 

NS3

 

To move the following Schedule:—

 

‘Combination of polls

 

    (1)  

Where the date of the poll for one or more of the following is the same as the

 

date of the poll for the referendum, the polls are to be taken together—

 

(a)    

a local authority election in England;

 

(b)    

a local referendum in England;

 

(c)    

a mayoral election in England;

 

(d)    

a Welsh Assembly general election;

 

(e)    

Welsh local elections;

 

(f)    

a Scottish parliamentary general election;

 

(g)    

Scottish local elections;

 

(h)    

the general election of members of the Northern Ireland Assembly;

 

(i)    

local elections in Northern Ireland.

 

      (2)  

If any of the elections referred to in subsection (1) are not held on the same day

 

as the referendum, that subsection does not apply.

 

      (3)  

In this section—

 

“local authority election in England” means the election of a councillor of

 

any of the following—

 

(a)    

a county council in England;

 

(b)    

a district council in England;

 

(c)    

a London borough council;

 

(d)    

a parish council.

 

“local referendum in England” means a referendum held in England under

 

Part 2 of the Local Government Act 2000;


 
 

Public Bill Committee: 4 September 2013                  

62

 

European Union (Referendum) Bill, continued

 
 

“mayoral election in England” means an election in England for the return

 

of an elected mayor as defined by section 39(1) of the Local Government

 

Act 2000;

 

“Northern Ireland local election” means a local election as defined by

 

section 130(1) of the Electoral Law Act (Northern Ireland) 1962;

 

“Scottish parliamentary general election” means an ordinary election under

 

section 2 of the Scotland Act 1998;

 

“Welsh Assembly general election” means an ordinary election under

 

section 3 of the Government of Wales Act 2006.’.

 


 
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