Session 2010-12
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European Union Bill


THIRD
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 4 to 6
Schedule 1
Clauses 7 to 17
Schedule 2
Clauses 18 to 22

[Amendments marked * are new or have been altered]

Clause 4

LORD STODDART OF SWINDON

LORD PEARSON OF RANNOCH

20A

Page 3, line 40, at end insert—

“( ) the accession of a new member State”

BARONESS SYMONS OF VERNHAM DEAN

LORD LIDDLE

21

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

22

[Withdrawn]

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD RICHARD

23

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

23ZA

[Withdrawn]

LORD STODDART OF SWINDON

LORD PEARSON OF RANNOCH

23A

Page 4, line 7, leave out paragraph (c)

LORD LIDDLE

LORD TRIESMAN

23B

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union single market”

LORD LIDDLE

LORD TRIESMAN

BARONESS SMITH OF BASILDON

23C

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union to mitigate the effects of climate change”

23D

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union to prevent pollution or mitigate its effects”

23E

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union to provide energy security for the European Union and its member States”

LORD LIDDLE

LORD TRIESMAN

23F

Page 4, line 7, at end insert—

“( ) provisions that strengthen financial regulation in the European Union and reduce the risks of further financial crises, where such provisions are not inconsistent with the United Kingdom’s general approach to financial regulation”

LORD LIDDLE

LORD TRIESMAN

LORD HUNT OF KINGS HEATH

23G

Page 4, line 7, at end insert—

“( ) provisions that strengthen the European Union’s ability to manage migration, where such provisions are not inconsistent with the United Kingdom’s law or established policies or practices”

LORD LIDDLE

LORD TRIESMAN

23H

Page 4, line 7, at end insert—

“( ) provisions that advance the prospects of international agreement to a new global trade round”

23J

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union to—

(i) improve relations with, and

(ii) promote democracy, stability and prosperity in,

neighbouring countries, particularly those in North Africa”

LORD LIDDLE

LORD TRIESMAN

LORD HUNT OF KINGS HEATH

23K

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union to address cross-border crime”

LORD LIDDLE

LORD TRIESMAN

23L

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union to coordinate maritime law and practice, including addressing concerns about piracy and the passage of maritime vessels”

LORD LIDDLE

LORD TRIESMAN

BARONESS ROYALL OF BLAISDON

23M

Page 4, line 7, at end insert—

“( ) provisions that strengthen the effectiveness of the European Union to address human trafficking”

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Clause 5

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD RICHARD

24

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

25

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

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”

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD RICHARD

27

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

BARONESS SYMONS OF VERNHAM DEAN

LORD LIDDLE

28

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

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

LORD TOMLINSON

LORD CLINTON-DAVIS

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

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”

31

[Withdrawn]

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD RICHARD

32

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

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.”

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD RICHARD

34

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

BARONESS SYMONS OF VERNHAM DEAN

LORD LIDDLE

35

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

LORD GOODHART

LORD KERR OF KINLOCHARD

36

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

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

BARONESS SYMONS OF VERNHAM DEAN

LORD LIDDLE

38

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

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.”

LORD LIDDLE

LORD TRIESMAN

39A

Page 5, line 6, leave out subsection (4) and insert—

“(4) The referendum condition is that—

(a) a joint committee of both Houses of Parliament publishes a report containing a recommendation about whether it is necessary for a referendum to be held in respect of a decision; and

(b) the joint committee’s recommendation is approved by a resolution of each House of Parliament.

(4A) If both Houses—

(a) agree a referendum is necessary, a referendum shall be held; or

(b) agree that a referendum is unnecessary, the referendum condition shall be satisfied without a referendum being held.

(4B) If a referendum is held, the majority of those voting in the referendum must be in favour of the approval of the decision before a Minister of the Crown may vote in favour or otherwise support a decision to which this subsection relates.”

BARONESS SYMONS OF VERNHAM DEAN

LORD LIDDLE

40

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

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;”

LORD GOODHART

LORD KERR OF KINLOCHARD

42

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

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD RICHARD

43

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

BARONESS SYMONS OF VERNHAM DEAN

LORD LIDDLE

44

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

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Schedule 1

LORD GOODHART

LORD KERR OF KINLOCHARD

45

Page 13, leave out lines 12 and 13

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

LORD GOODHART

LORD KERR OF KINLOCHARD

47

Page 14, leave out lines 3 to 8

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Clause 7

48

[Withdrawn]

LORD KERR OF KINLOCHARD

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Clause 8

LORD KERR OF KINLOCHARD

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Clause 9

LORD KERR OF KINLOCHARD

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Clause 10

LORD KERR OF KINLOCHARD

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Clause 11

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

49

Page 9, line 17, leave out “3”

LORD TOMLINSON

LORD CLINTON-DAVIS

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

Clause 12

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

50

Page 9, line 40, leave out “, 3”

51

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

52

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

LORD TOMLINSON

LORD CLINTON-DAVIS

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

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 section 2, 3 or 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.”

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 section 2, 3 or 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.”

Clause 13

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

55

Page 10, line 3, leave out “3”

LORD TOMLINSON

LORD CLINTON-DAVIS

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

After Clause 13

LORD STODDART OF SWINDON

55A

Insert the following new Clause—

“Restriction on expenditure by European Commission

(1) In the referendum period for any referendum held in pursuance of section 2, 3 or 6 the European Commission shall not spend money in the United Kingdom on referendum expenses.

(2) In this section “referendum period” and “referendum expenses” have the same meanings as in the Political Parties, Elections and Referendums Act 2000.”

LORD RADICE

55B

Insert the following new Clause—

“Promotion of United Kingdom’s membership of EU

In participating in a campaign for any referendum held in pursuance of section 2, 3 or 6, or in taking other steps required by this Act, Ministers of the Crown must have regard to the desirability of promoting the United Kingdom’s membership of the EU.”

Clause 14

LORD KERR OF KINLOCHARD

LORD DYKES

LORD TOMLINSON

LORD CLINTON-DAVIS

56

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

LORD TOMLINSON

LORD CLINTON-DAVIS

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

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.”

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.”

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.”

LORD ARMSTRONG OF ILMINSTER

LORD TOMLINSON

LORD HOWE OF ABERAVON

BARONESS WILLIAMS OF CROSBY

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

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.”

After Clause 21

LORD TAVERNE

LORD RICHARD

LORD DUBS

LORD HANNAY OF CHISWICK

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.”

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.”

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.”