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Marshalled List for Consideration of Commons Reasibs and Amendments |
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[The page and line references are to HL Bill 55, the bill as first printed for the Lords.] |
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3 | Page 2, line 22, at end insert “, and |
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| | (d) | the Electoral Commission have issued a certificate stating whether |
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| | or not it appears to them that more than 40 per cent of the persons |
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| | entitled to vote in the referendum have voted in it. |
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| | ( ) | If the certificate issued under subsection (2)(d) states that more than 40 per |
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| | cent of the persons entitled to vote in the referendum have voted in it, the |
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| | ( ) | If the certificate issued under subsection (2)(d) states that fewer than 40 per |
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| | cent of the persons entitled to vote in the referendum have voted in it, the |
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| | treaty may not be ratified unless— |
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| | (a) | in each House of Parliament a Minister of the Crown has moved a |
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| | motion that the House approves Her Majesty’s Government’s |
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| | intention to ratify the treaty, and |
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| | (b) | each House has agreed to the motion without amendment.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 3 and 5 for the Reason set out at 5A |
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5 | Page 2, line 42, at end insert “, and |
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| | (d) | the Electoral Commission have issued a certificate stating whether |
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| | or not it appears to them that more than 40 per cent of the persons |
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| | entitled to vote in the referendum have voted in it. |
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| | ( ) | If the certificate issued under subsection (2)(d) states that more than 40 per |
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| | cent of the persons entitled to vote in the referendum have voted in it, the |
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| | decision may be approved. |
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| | ( ) | If the certificate issued under subsection (2)(d) states that fewer than 40 per |
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| | cent of the persons entitled to vote in the referendum have voted in it, the |
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| | decision may not be approved unless— |
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| | (a) | in each House of Parliament a Minister of the Crown has moved a |
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| | motion that the House approves Her Majesty’s Government’s |
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| | intention to approve the decision, and |
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| | (b) | each House has agreed to the motion without amendment.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 3 and 5 for the following Reason— |
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5A | Because the outcome of the referendum should be determined by those who vote in it and |
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| | should not depend on how many do not vote. |
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| | Lord Howell of Guildford to move, That this House do not insist on |
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| | its Amendments 3 and 5 to which the Commons have disagreed for their Reason |
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6 | Page 4, line 34, leave out from “Parliament” to end of line 35 |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A |
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7 | Page 4, line 38, after “defence” insert “that permits a single, integrated military |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A |
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8 | Page 4, line 41, at end insert— |
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| | “( ) | Where the European Council has recommended to the member States the |
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| | adoption of a decision under Article 42(2) of TEU in relation to a common |
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| | EU defence which is not covered by subsection (2), a Minister of the Crown |
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| | may not notify the European Council that the decision is adopted by the |
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| | United Kingdom unless the decision is approved by Act of Parliament.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A |
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9 | Page 5, line 4, leave out from “Parliament” to end of line 5 |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A |
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10 | Page 5, line 5, at end insert— |
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| | “( ) | A Minister of the Crown may not vote in favour of or otherwise permit a |
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| | decision under Article 140(3) of TFEU which would make the euro the |
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| | currency of the United Kingdom unless— |
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| | (a) | the draft decision is approved by Act of Parliament, and |
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| | (b) | the referendum condition is met.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A |
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11 | Page 5, line 5, at end insert— |
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| | “(3A) | A Minister of the Crown may not vote in favour of or otherwise permit a |
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| | decision under Article 4 of the Schengen Protocol that removes any border |
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| | control of the United Kingdom unless— |
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| | (a) | the draft decision is approved by Act of Parliament, and |
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| | (b) | the referendum condition is met. |
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| | (3B) | In subsection (3A) “the Schengen Protocol” means the Protocol (No. 19) on |
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| | the Schengen acquis integrated into the framework of the European Union, |
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| | annexed to TEU and TFEU.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A |
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12 | Page 5, line 22, leave out paragraph (e) |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A |
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13 | Page 5, leave out lines 45 to 49 |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 6 to 13 for the following Reason— |
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13A | Because the decisions concerned would involve an increase in the competences or powers of |
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| | the European Union in relation to the United Kingdom and should therefore require |
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| | approval by referendum as well as by Act. |
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| | Lord Howell of Guildford to move, That this House do not insist on |
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| | its Amendments 6 to 13 to which the Commons have disagreed for their Reason |
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| | Lord Triesman to move, as an amendment to Motion B, at end insert “but |
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| | do propose Amendment 13B in lieu” |
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13B* | Page 5, line 49, at end insert— |
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| | “( ) | Where this section requires that the referendum condition is met before a |
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| | decision is approved, the referendum condition will only be mandatory |
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| | where a Minister of the Crown lays before Parliament a statement |
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| | indicating that in the Minister’s opinion the issue in question is of major |
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| | economic and constitutional significance.” |
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14 | Leave out Clause 18 and insert the following new Clause— |
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| | | “Status of EU law dependent on continuing statutory basis |
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| | By virtue of the European Communities Act 1972 directly applicable or |
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| | directly effective EU law (that is, the rights, powers, liabilities, obligations, |
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| | restrictions, remedies and procedures referred to in section 2(1) of the |
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| | European Communities Act 1972) falls to be recognised and available in |
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| | law in the United Kingdom.” |
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| | COMMONS AGREEMENT WITH AMENDMENTS |
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| | The Commons agree to Lords Amendment No. 14 with the following amendments— |
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14A | Line 3, leave out from beginning to “directly”. |
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14B | Line 7, at end insert “only by virtue of that Act or where it is required to be |
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| | recognised and available in law by virtue of any other Act”. |
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| | Lord Howell of Guildford to move, That this House do agree to Commons |
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| | Amendments 14A and 14B to Lords Amendment 14. |
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15 | Insert the following new Clause— |
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| | “Duration of Part 1 and Schedule 1 |
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| | (1) | Part 1 and Schedule 1 shall expire on the day on which the Parliament in |
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| | which this Act is passed dissolves. |
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| | (2) | In subsequent Parliaments, the Secretary of State may by order provide that |
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| | Part 1 and Schedule 1 shall be deemed to have been revived from the |
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| | beginning of the Parliament in which the order is made. |
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| | (3) | An order under subsection (2) shall provide that Part 1 and Schedule 1 shall |
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| | expire on the day on which the Parliament in which the order is made |
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| | (4) | An order under subsection (2)— |
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| | (a) | must be made by statutory instrument, and |
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| | (b) | may not be made unless a draft has been laid before and approved |
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| | by a resolution of each House of Parliament.” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendment No. 15 for the following Reason— |
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15A | Because Part 1 and Schedule 1 are not provisions to which it is appropriate to apply a |
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| | Lord Howell of Guildford to move, That this House do not insist on |
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| | its Amendment 15 to which the Commons have disagreed for their Reason 15A. |
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| | Lord Goodhart to move, as an amendment to Motion D, at end insert “but do |
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| | propose Amendment 15B in lieu” |
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15B* | Insert the following new Clause— |
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| | “Suspension of section 6 and Schedule 1 |
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| | In Parliaments subsequent to the Parliament in which this Act is passed the |
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| | Secretary of State may by order approved by a resolution of each House of |
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| | Parliament provide that any provision of section 6 or Schedule 1 shall be |
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| | suspended for the duration of that Parliament or for any lesser period.” |
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