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| For other Amendment(s) see the following page(s):
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| European Union (Referendum) Bill Committee 1-4 |
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| European Union (Referendum) Bill |
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| Clause 1, page 1, line 2, leave out ‘is to’ and insert ‘may’. |
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| Clause 1, page 1, line 3, at end insert ‘if there is a further transfer of power from the |
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| United Kingdom to the European Union’. |
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| Clause 1, page 1, line 3, at end insert— |
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| | ‘(1A) | A transfer of power is defined in Schedule 1.’. |
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| Clause 1, page 1, line 4, leave out paragraph (2). |
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| Clause 1, page 1, line 5, leave out ‘, and before 31 December 2016,’. |
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| Clause 1, page 1, line 5, leave out ‘Secretary of State’ and insert ‘Prime Minister’. |
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| Clause 1, page 1, line 6, at end insert— |
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| | ‘(3A) | The Secretary of State shall appoint the date on which the referendum is to be held |
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| | at least 28 weeks in advance of the proposed polling day.’. |
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| Clause 1, page 1, line 7, after first ‘the’, insert ‘only’. |
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| Clause 1, page 1, leave out lines 8 and 9 and insert ‘“Should the United Kingdom |
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| remain a member of the European Union?”’. |
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| Clause 1, page 1, line 14, at end insert ‘made under the super affirmative resolution |
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| procedure set out in Schedule 2.’. |
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| Clause 1, page 1, line 14, at end insert— |
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| | ‘(7) | The Secretary of State shall consult with the Electoral Commission before |
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| | making an order under subsection 6.’. |
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| To move the following Schedule:— |
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| | 1 | Subject to section 1(2), a “transfer of power” involves one or more of the |
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| | (a) | the extension of the objectives of the EU as set out in Article 3 of the |
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| | Treaty on European Union; |
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| | (b) | the conferring on the EU of a new exclusive competence; |
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| | (c) | the extension of an exclusive competence of the EU; |
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| | (d) | the conferring on the EU of a new competence shared with the member |
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| | (e) | the extension of any competence of the EU that is shared with the |
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| | (f) | the extension of the competence of the EU in relation to— |
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| | (i) | the co-ordination of economic and employment policies, or |
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| | (ii) | common foreign and security policy; |
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| | (g) | the conferring on the EU of a new competence to carry out actions to |
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| | support, co-ordinate or supplement the actions of member states; |
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| | (h) | the extension of a supporting, co-ordinating or supplementing |
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| | (i) | the conferring on an EU institution or body of power to impose a |
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| | requirement or obligation on the United Kingdom, or the removal of |
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| | any limitation on any such power of an EU institution or body; |
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| | (j) | the conferring on an EU institution or body of new or extended power |
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| | to impose sanctions on the United Kingdom; |
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| | (k) | any amendment of a provision listed in Schedule 1 that removes a |
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| | requirement that anything should be done unanimously, by consensus |
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| | (l) | any amendment of Article 31(2) of the Treaty on European Union |
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| | (decisions relating to common foreign and security policy to which |
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| | qualified majority voting applies) that removes or amends the |
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| | provision enabling a member of the Council to oppose the adoption of |
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| | a decision to be taken by qualified majority voting; |
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| | (m) | any amendment of any of the provisions specified in paragraph 3 that |
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| | removes or amends the provision enabling a member of the Council, |
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| | in relation to a draft legislative act, to ensure the suspension of the |
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| | ordinary legislative procedure. |
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| | 2 | A transfer of power also includes a reference to the removal of a limitation on |
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| | 3 | The provisions referred to in paragraph 1(m) are— |
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| | (a) | Article 48 of the Treaty on the Functioning of the European Union |
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| | (b) | Article 82(3) of the Treaty on the Functioning of the European Union |
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| | (judicial co-operation in criminal matters), and |
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| | (c) | Article 83(3) of the Treaty on the Functioning of the European Union |
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| | (particularly serious crime with a cross-border dimension). |
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| | 4 | A treaty or Article 48(6) decision does not fall within this section merely |
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| | because it involves one or more of the following— |
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| | (a) | the codification of practice under the Treaty on European Union or the |
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| | Treaty on the functioning of the European Union in relation to the |
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| | previous exercise of an existing competence; |
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| | (b) | the making of any provision that applies only to member states other |
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| | (c) | in the case of a treaty, the accession of a new member state.’. |
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| To move the following Schedule:— |
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| | ‘Super-affirmative resolution procedure |
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| | 1 | The “super-affirmative resolution procedure” in relation to a draft order under |
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| | 2 | The Minister must have regard to— |
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| | (b) | any resolution of either House of Parliament, and |
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| | (c) | any recommendations of a committee of either House of Parliament |
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| | charged with reporting on the draft order, |
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| | | made during the 60-day period with regard to the draft order. |
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| | 3 | If, after the expiry of the 60-day period, the Minister wishes to make an order |
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| | in the terms of the draft, he must lay before Parliament a statement— |
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| | (a) | stating whether any representations were made under subsection |
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| | (b) | if any representations were so made, giving details of them. |
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| | 4 | The Minister may after the laying of such a statement make an order in the |
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| | terms of the draft if it is approved by a resolution of each House of Parliament. |
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| | 5 | However, a committee of either House charged with reporting on the draft |
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| | order may, at any time after the laying of a statement under paragraph 3 and |
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| | before the draft order is approved by that House under paragraph 4, |
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| | recommend under this subsection that no further proceedings be taken in |
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| | relation to the draft order. |
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| | 6 | Where a recommendation is made by a committee of either House under |
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| | paragraph 5 in relation to a draft order, no proceedings may be taken in relation |
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| | to the draft order in that House under paragraph 4 unless the recommendation |
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| | is, in the same Session, rejected by resolution of that House. |
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| | 7 | If, after the expiry of the 60-day period, the Minister wishes to make an order |
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| | consisting of a version of the draft order with material changes, he must lay |
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| | (a) | a revised draft order; and |
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| | (b) | a statement giving details of— |
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| | (i) | any representations made under paragraph 2(a); and |
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| | (ii) | the revisions proposed. |
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| | 8 | The Minister may after laying a revised draft order and statement under |
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| | paragraph 7 make an order in the terms of the revised draft if it is approved by |
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| | a resolution of each House of Parliament. |
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| | 9 | However, a committee of either House charged with reporting on the revised |
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| | draft order may, at any time after the revised draft order is laid under paragraph |
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| | 7 and before it is approved by that House under paragraph 8, recommend under |
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| | this paragraph that no further proceedings be taken in relation to the revised |
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| | 10 | Where a recommendation is made by a committee of either House under |
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| | paragraph 9 in relation to a revised draft order, no proceedings may be taken |
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| | in relation to the revised draft order in that House under paragraph 8 unless the |
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| | recommendation is, in the same Session, rejected by resolution of that House. |
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| | 11 | For the purposes of paragraphs 4 and 8 an order is made in the terms of a draft |
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| | order if it contains no material changes to the provisions of the draft order. |
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| | 12 | In this section the “60-day period” means the period of 60 days beginning with |
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| | the day on which the draft order was laid before Parliament under section |
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