European Union Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 6th June 2011, as follows—

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

[Amendments marked * are new or have been altered]

Clause 1

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

1

Page 2, line 4, leave out “supporting” and insert “permitting”

LORD HOWELL OF GUILDFORD

2

Page 2, line 4, leave out from “Crown” to end of line 6 and insert—

“(a) voting in favour of the decision in the European Council or the Council, or

(b) allowing the decision to be adopted by consensus or unanimity by the European Council or the Council.”

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

3

Page 2, line 5, leave out “supporting” and insert “permitting”

Clause 2

LORD HOWELL OF GUILDFORD

4

Page 2, line 18, after “treaty” insert “also”

LORD WILLIAMSON OF HORTON

LORD TRIESMAN

LORD HOWE OF ABERAVON

LORD DYKES

5

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 per cent 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 per cent 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 per cent 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.”

Clause 3

LORD TRIESMAN

LORD LIDDLE

6*

Page 2, line 32, after second “condition” insert “, the urgency condition”

LORD HOWELL OF GUILDFORD

7

Page 2, line 38, after “decision” insert “also”

LORD WILLIAMSON OF HORTON

LORD TRIESMAN

LORD HOWE OF ABERAVON

LORD DYKES

8

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 per cent 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 per cent of the persons entitled to vote in the referendum have voted in it, the decision may be approved.

( ) If the certificate issued under subsection (2)(d) states that fewer than 40 per cent of the persons entitled to vote in the referendum have voted in it, the decision may not be approved 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 approve the decision, and

(b) each House has agreed to the motion without amendment.”

LORD TRIESMAN

LORD LIDDLE

9*

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

10*

Page 3, line 6, at end insert—

“( ) The urgency condition is where an amendment under the simplified revision procedure is considered to be urgent and in the national interest.”

Clause 4

LORD TRIESMAN

LORD LIDDLE

11*

Page 3, line 29, leave out paragraph (k)

12*

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

Clause 6

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

13

Page 4, line 32, leave out “support” and insert “permit”

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD GOODHART

LORD TUGENDHAT

14

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

15

Page 4, line 38, after “defence” insert “that permits a single, integrated military force”

16

Page 4, line 41, at end insert—

“( ) Where the European Council has recommended to the member States the adoption of a decision under Article 42(2) of TEU in relation to a common EU defence which is not covered by subsection (2), a Minister of the Crown may not notify the European Council that the decision is adopted by the United Kingdom unless the decision is approved by Act of Parliament.”

17

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

18

Page 5, line 5, at end insert—

“( ) A Minister of the Crown may not vote in favour of or otherwise permit 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.”

19

Page 5, line 5, at end insert—

“(3A) A Minister of the Crown may not vote in favour of or otherwise permit a decision under Article 4 of the Schengen Protocol that removes any border control of the United Kingdom unless—

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

(b) the referendum condition is met.

(3B) In subsection (3A) “the Schengen Protocol” means the Protocol (No. 19) on the Schengen acquis integrated into the framework of the European Union, annexed to TEU and TFEU.”

20

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

21

Page 5, leave out lines 45 to 49

After Clause 6

LORD KERR OF KINLOCHARD

LORD HOWE OF ABERAVON

BARONESS WILLIAMS OF CROSBY

22

Insert the following new Clause—

“Decision to join the euro

(1) No notification shall be given to the Council of the European Communities that the United Kingdom intends to move to the third stage of economic and monetary union (in accordance with the Protocol on certain provisions relating to the United Kingdom adopted at Maastricht on 7th February 1992) unless—

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

(b) the referendum condition is met.

(2) The referendum condition is that set out in section 3(2), with references to a decision being read for the purposes of subsection (1) as references to a notification.”

Clause 7

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

23

Page 6, line 19, leave out “support” and insert “permit”

Clause 8

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

24

Page 7, line 2, leave out “support” and insert “permit”

25

Page 7, line 14, leave out “support” and insert “vote in favour of”

Clause 9

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

26

Page 8, line 15, leave out “support” and insert “permit”

Clause 10

LORD LIDDLE

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

27

Page 8, line 30, leave out “support” and insert “permit”

28

Page 8, line 46, leave out “support” and insert “permit”

29

Page 9, line 12, leave out “support” and insert “vote in favour of”

After Clause 12

LORD WILLOUGHBY DE BROKE

30

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 five years has expired.”

After Clause 13

LORD TRIESMAN

LORD LIDDLE

31*

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 18

LORD HANNAY OF CHISWICK

LORD DYKES

LORD TOMLINSON

LORD RICHARD

32

Page 12, line 9, at end insert—

“(2) 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.

(3) This section does not alter the rights and obligations assumed by the United Kingdom on becoming a member of the EU.”

LORD KERR OF KINLOCHARD

LORD MACKAY OF CLASHFERN

LORD FALCONER OF THOROTON

LORD LESTER OF HERNE HILL

33

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.”

After Clause 21

LORD LIDDLE

34

Insert the following new Clause—

“Duration of Part 1 and Schedule 1

Part 1 and Schedule 1 shall cease to have effect on the day after the dissolution of the Parliament in existence at the commencement of this Act.”

LORD KERR OF KINLOCHARD

LORD TRIESMAN

LORD ARMSTRONG OF ILMINSTER

BARONESS WILLIAMS OF CROSBY

35

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.”

Prepared 7th June 2011