Session 2010-12
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European Union Bill


FIFTH
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—

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

[Amendments marked * are new or have been altered]

Clause 6

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 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.”

39B

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.”

BARONESS SYMONS OF VERNHAM DEAN

LORD LIDDLE

40

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

LORD PEARSON OF RANNOCH

40A

Page 5, line 11, at end insert—

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

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

LORD BRITTAN OF SPENNITHORNE

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

LORD BRITTAN OF SPENNITHORNE

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

LORD BRITTAN OF SPENNITHORNE

47

Page 14, leave out lines 3 to 8

LORD FLIGHT

47A

Page 14, line 22, at end insert—

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

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 FLIGHT

48A

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

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 FLIGHT

48B

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

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.”

BARONESS FALKNER OF MARGRAVINE

BARONESS BRINTON

64

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.”