European Union Bill [HL]

Page 1, line 12, leave out subsection (5)

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

Page 2, line 9, after “ratified” insert “before the dissolution of the Parliament in existence at the commencement of this Act”

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.”

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;”

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.”

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.”

Page 2, line 22, at end insert “and over 40% of those entitled to vote have voted”

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.”

The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.

Page 2, line 28, after “Kingdom” insert “before the dissolution of the Parliament in existence at the commencement of this Act”

Page 2, line 29, leave out paragraph (a)

Page 2, line 31, leave out from “Parliament” to end of line 6 on page 3

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;”

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.”

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.”

Page 2, line 42, at end insert “and over 40% of those entitled to vote have voted”

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.”

Page 3, line 4, leave out “(1)(i) or (j)” and insert “(1)”

Page 3, line 4, leave out “(1)(i) or (j)” and insert “(1)(a) to (j)”

Page 3, line 4, leave out “or (j)” and insert “, (j), (k), (l) or (m)”

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

Page 3, line 8, leave out “or an Article 48(6) decision”

Page 3, line 43, leave out subsection (3)

Page 3, line 45, leave out paragraphs (b) and (c)

Page 4, line 1, leave out “or Article 48(6) decision”

The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.

Page 4, line 13, leave out subsection (2)

Page 4, line 18, leave out “or Article 48(6) decision”

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”

Page 4, line 19, leave out subsection (4)

Page 4, line 20, leave out “(1)(i) or (j)” and insert “(1)”

Page 4, line 24, leave out from “(3)” to end of line 29

The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

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”

Page 4, line 33, after “applies” insert “before the dissolution of the Parliament in existence at the commencement of this Act”

Page 4, line 34, leave out from “Parliament” to end of line 35

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.”

Page 4, line 40, leave out from “Parliament” to end of line 41

Page 4, line 41, leave out paragraph (b)

Page 4, line 42, leave out subsection (3)

Page 5, line 4, leave out from “Parliament” to end of line 5

Page 5, line 5, leave out paragraph (b)

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.”

Page 5, line 10, leave out paragraphs (a) to (d)

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;”

Page 5, line 17, leave out paragraphs (c) and (d)

Page 5, line 22, leave out paragraph (e)

Page 5, line 24, leave out paragraphs (f) to (k)

The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.

Page 13, leave out lines 12 and 13

Page 13, line 21, leave out from beginning to end of line 35 on page 14

Page 14, leave out lines 3 to 8

The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.

Page 6, line 3, after “applies” insert “before the dissolution of the Parliament in existence at the commencement of this Act”

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.

Page 9, line 17, leave out “3”

The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.

Page 9, line 40, leave out “, 3”

Page 9, line 41, leave out “or decisions”

Page 9, line 42, leave out “or more decisions” and insert “decision”

The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

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.”

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.”

Page 10, line 3, leave out “3”

The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.

Page 10, line 31, leave out paragraphs (c) and (d)

The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.

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.”

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.”

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.”

The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.

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.”

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.”

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.”

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.”