European Union 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 21, leave out from “indicate” to end of line 22 and insert—

“(a) whether, in the Minister’s opinion, the effect of the provision in relation to the United Kingdom is significant; and

(b) the grounds on which, in the Minister’s opinion, the Article 48(6) decision is in the national interest of the United Kingdom.”

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 32, leave out “or otherwise support”

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”

[Withdrawn]

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

Page 4, line 35, at end insert—

“( ) Notwithstanding subsection (1), the Minister may indicate support in principle for a decision if the Minister also gives notice that a vote in favour is subject to approval by an Act of Parliament and the referendum condition being met, if required.”

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 41, at end insert—

“( ) A Minister of the Crown may not confirm the approval by the United Kingdom of a decision under the provision of Article 25 of TFEU that permits the adoption of provisions to strengthen or add to the rights listed in Article 20(2) of that Treaty (rights of citizens of the European Union) unless—

(a) the decision is approved by Act of Parliament, and

(b) the referendum condition is met.”

Page 4, line 41, at end insert—

“( ) A Minister of the Crown may not confirm the approval by the United Kingdom of a decision under Article 218(8) of TFEU for the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms in accordance with Article 6(2) of TEU unless—

(a) the decision is approved by Act of Parliament, and

(b) the referendum condition is met.”

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 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 draft 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 draft decision before a Minister of the Crown may vote in favour of it.”

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

“(4) The referendum condition is that—

(a) an independent review committee is appointed by the Secretary of State in accordance with regulations made under this Act;

(b) the independent review committee has conducted an inquiry into, and published a report containing a recommendation on, whether it is necessary for a referendum to be held in respect of a draft decision;

(c) the Secretary of State has laid a copy of the report before both Houses of Parliament; and

(d) the recommendations are approved by a resolution of each House of Parliament.

(4A) In considering whether a referendum is necessary under subsection (4), the review committee must have regard to—

(a) the significance of the draft decision;

(b) the urgency of the draft decision; and

(c) whether the draft decision is in the national interest.

(4B) 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.

(4C) If a referendum is held, the majority of those voting in the referendum must be in favour of the approval of the draft decision before a Minister may vote in favour of it.”

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

Page 5, line 11, at end insert—

“( ) a decision under Articles 38 to 44 to amend the common fisheries policy;”

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

Page 14, line 22, at end insert—

“Article 207(4) (certain EU trade agreements).”

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

[Withdrawn]

Page 6, line 6, leave out paragraph (a)

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.

Page 9, line 4, leave out subsection (4)

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 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.”

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.”

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.

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.”

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.”

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.”

Insert the following new Clause—

“Duration of Part 1 and Schedule 1 (No. 3)

(1) Part 1 and Schedule 1 shall expire three years after the day on which the Parliament in which this Act is passed dissolves.

(2) After the period as determined by subsection (1) above has elapsed and in subsequent Parliaments, the Secretary of State may by order provide that Part 1 and Schedule 1 shall be deemed to have been revived.”