Session 2010 - 12


 
 

 

European Union Bill

Marshalled List for Consideration of Commons Reasibs and Amendments

[The page and line references are to HL Bill 55, the bill as first printed for the Lords.]

MOTION A

LORDS AMENDMENTS 3 AND 5

Clause 2

3

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.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 3 and 5 for the Reason set out at 5A

Clause 3

5

Page 2, line 42, at end insert “, and

 
 
HL Bill 84—I55/1

 
 

2

 
 

(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.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 3 and 5 for the following Reason—

5A

Because the outcome of the referendum should be determined by those who vote in it and

 

should not depend on how many do not vote.

 

A

 

Lord Howell of Guildford to move, That this House do not insist on

 

its Amendments 3 and 5 to which the Commons have disagreed for their Reason

 

5A.

 

 

MOTION B

 

LORDS AMENDMENTS 6 TO 13

Clause 6

6

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

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A

7

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

 

force”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A

8

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

 
 

 
 

3

 
 

may not notify the European Council that the decision is adopted by the

 

United Kingdom unless the decision is approved by Act of Parliament.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A

9

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

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A

10

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.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A

11

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.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A

12

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

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the Reason set out at 13A

13

Page 5, leave out lines 45 to 49

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 6 to 13 for the following Reason—

13A

Because the decisions concerned would involve an increase in the competences or powers of

 

the European Union in relation to the United Kingdom and should therefore require

 
 

 
 

4

 
 

approval by referendum as well as by Act.

 

B

 

Lord Howell of Guildford to move, That this House do not insist on

 

its Amendments 6 to 13 to which the Commons have disagreed for their Reason

 

13A.

 

B1

 

Lord Triesman to move, as an amendment to Motion B, at end insert “but

 

do propose Amendment 13B in lieu”

13B*

Page 5, line 49, at end insert—

 

“( )    

Where this section requires that the referendum condition is met before a

 

decision is approved, the referendum condition will only be mandatory

 

where a Minister of the Crown lays before Parliament a statement

 

indicating that in the Minister’s opinion the issue in question is of major

 

economic and constitutional significance.”

 

 

MOTION C

 

LORDS AMENDMENT 14

Clause 18

14

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.”

 

COMMONS AGREEMENT WITH AMENDMENTS

 

The Commons agree to Lords Amendment No. 14 with the following amendments—

14A

Line 3, leave out from beginning to “directly”.

14B

Line 7, at end insert “only by virtue of that Act or where it is required to be

 

recognised and available in law by virtue of any other Act”.

 

C

 

Lord Howell of Guildford to move, That this House do agree to Commons

 

Amendments 14A and 14B to Lords Amendment 14.

 

 
 

 
 

5

 
 

MOTION D

 

LORDS AMENDMENT 15

After Clause 21

15

Insert the following new Clause—

 

“Duration of Part 1 and Schedule 1

 

(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.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 15 for the following Reason—

15A

Because Part 1 and Schedule 1 are not provisions to which it is appropriate to apply a

 

sunset provision.

 

D

 

Lord Howell of Guildford to move, That this House do not insist on

 

its Amendment 15 to which the Commons have disagreed for their Reason 15A.

 

D1

 

Lord Goodhart to move, as an amendment to Motion D, at end insert “but do

 

propose Amendment 15B in lieu”

After Clause 21

15B*

Insert the following new Clause—

 

“Suspension of section 6 and Schedule 1

 

In Parliaments subsequent to the Parliament in which this Act is passed the

 

Secretary of State may by order approved by a resolution of each House of

 

Parliament provide that any provision of section 6 or Schedule 1 shall be

 

suspended for the duration of that Parliament or for any lesser period.”

 
 

 
 

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Revised 13 July 2011