MARSHALLED LIST OF AMENDMENTS TO BE MOVED IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 30th March 2011, as follows—
Clauses 1 to 6 Schedule 1 Clauses 7 to 17
| Schedule 2 Clauses 18 to 22
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[Amendments marked * are new or have been altered]
Clause 1
LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD RICHARD
1 |
Page 1, line 12, leave out subsection (5)
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
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Clause 2
BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
2* |
Page 2, line 9, after “ratified” insert “before the dissolution of the Parliament in existence at the commencement of this Act”
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3 |
Page 2, line 13, at end insert—
“( ) Where the treaty is the subject of a challenge in a court of the United Kingdom, it is not to be ratified until the proceedings in court are completed.”
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4 |
Page 2, leave out lines 18 and 19 and insert—
“(i) throughout the United Kingdom if the treaty affects the United Kingdom;
(ii) throughout Gibraltar, where the treaty affects Gibraltar;
(iii) where the treaty affects one or more British overseas territory, throughout the affected territories;
(iv) where the treaty affects the Crown dependencies, throughout those Crown dependencies; or
(v) where the treaty relates to financial regulation, those jurisdictions in sub-paragraphs (i) to (iv) which will be bound by the rules in the treaty or decisions made under the treaty;”
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LORD WILLIAMSON OF HORTON
LORD DYKES
LORD TOMLINSON
LORD HURD OF WESTWELL
5 |
Page 2, line 21, leave out paragraph (c) and insert—
“(c) following the holding of the referendum, in each House of Parliament a Minister of the Crown has moved a motion that the House approves Her Majesty’s Government’s intention to ratify the treaty, and each House has agreed to the motion without amendment.”
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6 |
Page 2, line 22, at end insert “, and
“(d) the Electoral Commission have issued a certificate stating whether or not it appears to them that more than 40% of the persons entitled to vote in the referendum have voted in it.
( ) If the certificate issued under subsection (2)(d) states that more than 40% of the persons entitled to vote in the referendum have voted in it, the treaty may be ratified.
( ) If the certificate issued under subsection (2)(d) states that fewer than 40% of the persons entitled to vote in the referendum have voted in it, the treaty may not be ratified unless—
(a) in each House of Parliament a Minister of the Crown has moved a motion that the House approves Her Majesty’s Government’s intention to ratify the treaty, and
(b) each House has agreed to the motion without amendment.”
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
7 |
Page 2, line 22, at end insert “and over 40% of those entitled to vote have voted”
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8 |
Page 2, line 22, at end insert—
“(2A) If fewer than 40% of those entitled to vote have voted in the referendum, the result shall not be binding.
(2B) Where subsection (2A) applies, the responsible Minister must lay a statement before Parliament within two weeks of the referendum result being finalised.
(2C) A statement under subsection (2B) must include—
(a) the relevant treaty proposal;
(b) the wording of the question asked in the referendum; and
(c) the referendum result.”
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
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Clause 3
BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
9* |
Page 2, line 28, after “Kingdom” insert “before the dissolution of the Parliament in existence at the commencement of this Act”
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
10 |
Page 2, line 29, leave out paragraph (a)
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11 |
Page 2, line 31, leave out from “Parliament” to end of line 6 on page 3
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
12 |
Page 2, line 38, leave out from “held” to end of line 39 and insert—
“(i) throughout the United Kingdom if the decision affects the United Kingdom;
(ii) throughout Gibraltar, where the decision affects Gibraltar;
(iii) where the decision affects one or more British overseas territory, throughout the affected territories;
(iv) where the decision affects the Crown dependencies, throughout those Crown dependencies; or
(v) where the decision relates to financial regulation, in those jurisdictions in sub-paragraphs (i) to (iv) which will be bound by the decision;”
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LORD WILLIAMSON OF HORTON
LORD DYKES
LORD TOMLINSON
LORD HURD OF WESTWELL
13 |
Page 2, line 41, leave out paragraph (c) and insert—
“(c) following the holding of the referendum, in each House of Parliament a Minister of the Crown has moved a motion that the House approves Her Majesty’s Government’s intention to approve the decision, and each House has agreed to the motion without amendment.”
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14 |
Page 2, line 42, at end insert “, and
(d) the Electoral Commission have issued a certificate stating whether or not it appears to them that more than 40% of the persons entitled to vote in the referendum have voted in it.
( ) If the certificate issued under subsection (2)(d) states that more than 40% of the persons entitled to vote in the referendum have voted in it, the treaty may be ratified.
( ) If the certificate issued under subsection (2)(d) states that fewer than 40% of the persons entitled to vote in the referendum have voted in it, the treaty may not be ratified unless—
(a) in each House of Parliament a Minister of the Crown has moved a motion that the House approves Her Majesty’s Government’s intention to ratify the treaty, and
(b) each House has agreed to the motion without amendment.”
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
15 |
Page 2, line 42, at end insert “and over 40% of those entitled to vote have voted”
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16 |
Page 2, line 42, at end insert—
“(2A) If fewer than 40% of those entitled to vote have voted in the referendum, the result shall not be binding.
(2B) Where subsection (2A) applies, the responsible Minister must lay a statement before Parliament within two weeks of the referendum result being finalised.
(2C) A statement under subsection (2B) must include—
(a) the decision in question;
(b) the wording of the question asked in the referendum; and
(c) the referendum result.”
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17 |
Page 3, line 4, leave out “(1)(i) or (j)” and insert “(1)”
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18 |
Page 3, line 4, leave out “(1)(i) or (j)” and insert “(1)(a) to (j)”
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19 |
Page 3, line 4, leave out “or (j)” and insert “, (j), (k), (l) or (m)”
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LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
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Clause 4
LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
20 |
Page 3, line 8, leave out “or an Article 48(6) decision”
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
21 |
Page 3, line 43, leave out subsection (3)
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LORD GOODHART
22 |
Page 3, line 45, leave out paragraphs (b) and (c)
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
23 |
Page 4, line 1, leave out “or Article 48(6) decision”
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
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Clause 5
LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
24 |
Page 4, line 13, leave out subsection (2)
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25 |
Page 4, line 18, leave out “or Article 48(6) decision”
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
26 |
Page 4, line 18, at end insert “and to what extent other member states are using the enhanced cooperation procedure (under Part IV of the TEU) while waiting for the United Kingdom to complete the procedure under Part 1 of this Act”
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
27 |
Page 4, line 19, leave out subsection (4)
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
28 |
Page 4, line 20, leave out “(1)(i) or (j)” and insert “(1)”
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
29 |
Page 4, line 24, leave out from “(3)” to end of line 29
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
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Clause 6
LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD RICHARD
30 |
Page 4, line 33, leave out “to which this subsection applies” and insert “under Article 140(3) of TFEU which would make the euro the currency of the United Kingdom”
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
31* |
Page 4, line 33, after “applies” insert “before the dissolution of the Parliament in existence at the commencement of this Act”
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
32 |
Page 4, line 34, leave out from “Parliament” to end of line 35
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LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD RICHARD
33 |
Page 4, line 36, leave out subsections (2) to (6) and insert—
“( ) The referendum condition is that set out in section 2(2), with references to a treaty being read for the purposes of subsection (1) as references to a draft decision.”
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
34 |
Page 4, line 40, leave out from “Parliament” to end of line 41
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
35 |
Page 4, line 41, leave out paragraph (b)
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LORD GOODHART
36 |
Page 4, line 42, leave out subsection (3)
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
37 |
Page 5, line 4, leave out from “Parliament” to end of line 5
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
38 |
Page 5, line 5, leave out paragraph (b)
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
39 |
Page 5, line 6, leave out subsection (4) and insert—
“(4) A Minister of the Crown may not vote in favour of or otherwise support a decision under Article 140(3) of TFEU which would make the euro the currency of the United Kingdom unless—
(a) the draft decision is approved by Act of Parliament, and
(b) the referendum condition is met.
(4A) The referendum condition is that set out in section 2(2), with references to a treaty being read for the purposes of subsection (4) as references to a draft decision.”
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
40 |
Page 5, line 10, leave out paragraphs (a) to (d)
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LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
41 |
Page 5, line 16, at end insert—
“( ) a decision under Article 311 of TEU which would result in the net contribution of the United Kingdom to the European Union’s own resources exceeding £10 billion;”
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LORD GOODHART
42 |
Page 5, line 17, leave out paragraphs (c) and (d)
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LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
43 |
Page 5, line 22, leave out paragraph (e)
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
44 |
Page 5, line 24, leave out paragraphs (f) to (k)
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
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Schedule 1
LORD GOODHART
45 |
Page 13, leave out lines 12 and 13
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LORD KERR OF KINLOCHARD
LORD MACLENNAN OF ROGART
46 |
Page 13, line 21, leave out from beginning to end of line 35 on page 14
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LORD GOODHART
47 |
Page 14, leave out lines 3 to 8
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.
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Clause 7
BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
48* |
Page 6, line 3, after “applies” insert “before the dissolution of the Parliament in existence at the commencement of this Act”
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LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
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Clause 8
LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
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Clause 9
LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.
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Clause 10
LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
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Clause 11
LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
49 |
Page 9, line 17, leave out “3”
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
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Clause 12
LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
50 |
Page 9, line 40, leave out “, 3”
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51 |
Page 9, line 41, leave out “or decisions”
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52 |
Page 9, line 42, leave out “or more decisions” and insert “decision”
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
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After Clause 12
LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
53 |
Insert the following new Clause—
“Repeat referendums
Where a referendum has been held in pursuance of any of sections 2, 3 and 6, a further referendum on the same treaty or decision, or treaties or decisions, cannot be held until a period of 5 years has expired.”
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54 |
Insert the following new Clause—
“Referendum on the UK’s membership of the European Union
If a majority of those voting in a referendum held in pursuance of any of sections 2, 3 and 6 oppose the ratification of a treaty or approval of a decision, or treaties or decisions, there shall be a binding referendum held on whether the United Kingdom should continue to be a member of the European Union.”
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Clause 13
LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
55 |
Page 10, line 3, leave out “3”
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.
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Clause 14
LORD KERR OF KINLOCHARD
LORD DYKES
LORD TOMLINSON
LORD CLINTON-DAVIS
56 |
Page 10, line 31, leave out paragraphs (c) and (d)
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LORD TOMLINSON
LORD CLINTON-DAVIS
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The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
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Clause 18
LORD HANNAY OF CHISWICK
LORD DYKES
LORD TOMLINSON
LORD RICHARD
57 |
Page 12, line 9, at end insert—
“( ) This section does not alter the existing relationship between EU law and United Kingdom domestic law; in particular, the principle of the primacy of EU law.
( ) This section does not alter the rights and obligations assumed by the United Kingdom on becoming a member of the EU.”
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LORD LEA OF CRONDALL
58 |
Page 12, line 9, at end insert—
“( ) This section does not affect the United Kingdom’s commitments set out in the European Communities Act 1972 and subsequent Acts enacting subsequent amending treaties (the Single Market Act (1987), the Maastricht Treaty on European Union (1992), the Amsterdam Treaty (1997), the Nice Treaty (2001) and the Treaty of Lisbon (2007)), and the treaties concluded to enable successive enlargements of the European Union as part of the dynamics of EU development, with new EU competences in fields agreed to be necessary for Europeans to act together.”
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LORD KERR OF KINLOCHARD
LORD MACKAY OF CLASHFERN
LORD LESTER OF HERNE HILL
LORD DUBS
59 |
Leave out Clause 18 and insert the following new Clause—
“Status of EU law dependent on continuing statutory basis
By virtue of the European Communities Act 1972 directly applicable or directly effective EU law (that is, the rights, powers, liabilities, obligations, restrictions, remedies and procedures referred to in section 2(1) of the European Communities Act 1972) falls to be recognised and available in law in the United Kingdom.”
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LORD ARMSTRONG OF ILMINSTER
LORD TOMLINSON
LORD HOWE OF ABERAVON
BARONESS WILLIAMS OF CROSBY
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The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.
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After Clause 18
LORD STODDART OF SWINDON
60* |
Insert the following new Clause—
“Status of European Communities Act 1972
Any Act of Parliament expressly stating that that Act is “notwithstanding the European Communities Act 1972” shall be construed by courts in the United Kingdom as having the effect of disapplying any EU law to which it refers.”
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After Clause 21
LORD TAVERNE
LORD RICHARD
LORD DUBS
61 |
Insert the following new Clause—
“Duration of Part 1 and Schedule 1
Part 1 and Schedule 1 shall expire on the day on which the Parliament in which this Act is passed dissolves.”
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LORD KERR OF KINLOCHARD
LORD HOWE OF ABERAVON
BARONESS WILLIAMS OF CROSBY
LORD HURD OF WESTWELL
62 |
Insert the following new Clause—
“Duration of Part 1 and Schedule 1 (No. 2)
(1) Part 1 and Schedule 1 shall expire on the day on which the Parliament in which this Act is passed dissolves.
(2) In subsequent Parliaments, the Secretary of State may by order provide that Part 1 and Schedule 1 shall be deemed to have been revived from the beginning of the Parliament in which the order is made.
(3) An order under subsection (2) shall provide that Part 1 and Schedule 1 shall expire on the day on which the Parliament in which the order is made dissolves.
(4) An order under subsection (2)—
(a) must be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.”
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BARONESS SYMONS OF VERNHAM DEAN
LORD LIDDLE
LORD ARMSTRONG OF ILMINSTER
63 |
Insert the following new Clause—
“Time limit on the duration of this Act
This Act ceases to have effect on the day after the dissolution of the Parliament in existence at the commencement of this Act.”
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