European Union (Referendum) Bill

MARSHALLED
LIST OF Amendments
to be moved
in committee

[Amendments marked * are new or have been altered]

Clause 1

LORD ARMSTRONG OF ILMINSTER

LORD LESTER OF HERNE HILL

LORD RICHARD

LORD DEBEN

1*

Page 1, line 2, leave out subsection (1) and insert—

“(1)     A referendum is to be held with the question—

   “Should the United Kingdom remain a member of the European Union or
leave the European Union?

appearing on the ballot papers.”

LORD ROPER

BARONESS QUIN

LORD HANNAY OF CHISWICK

LORD ANDERSON OF SWANSEA

2*

Page 1, line 2, at beginning insert “Provided the condition set out in section
(referendum condition) below has been met,”

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

3

Page 1, line 2, after “A” insert “consultative”

4

Page 1, line 3, at end insert “if 1 million members of the electorate submit a petition
to Parliament to that effect”

LORD FOULKES OF CUMNOCK

5

Page 1, line 3, at end insert “provided that, not less than six months before the date
on which the referendum is to take place, the Secretary of State has laid before both
Houses of Parliament a report on any transfer of power from the United Kingdom
to the European Union that has taken place since the passing of this Act, together
with his or her assessment of why such transfer justifies the holding of the
referendum”

6

Page 1, line 3, at end insert “provided that, not less than six months before the date
on which the referendum is to take place, the Secretary of State has laid before both
Houses of Parliament a report on the review of competencies undertaken by Her
Majesty’s government, together with his or her assessment of why the findings of
the review justify the holding of the referendum”

7

Page 1, line 3, at end insert “provided that, not less than six months before the date
on which the referendum is to take place, the Secretary of State has laid before both
Houses of Parliament a report on any renegotiation of the United Kingdom’s
relationship with the European Union that has taken place since the passing of this
Act, together with his or her assessment of why such renegotiation justifies the
holding of the referendum”

LORD WIGLEY

8

Page 1, line 3, at end insert—

“( )     The referendum shall not be held before 1 October 2014.”

LORD ROPER

BARONESS QUIN

LORD HANNAY OF CHISWICK

LORD ANDERSON OF SWANSEA

9*

Page 1, line 3, at end insert—

“( )     The holding of a referendum under subsection (1) is subject to the condition
set out in section (referendum condition) below being met.”

LORD KERR OF KINLOCHARD

LORD GRENFELL

LORD ROPER

LORD BOWNESS

10

Page 1, line 4, leave out subsection (2)

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

LORD WIGLEY

LORD DAVIES OF STAMFORD

11

Page 1, line 4, leave out subsections (2) to (4) and insert—

“(2)     The Electoral Commission shall publish a report setting out its
recommendations for the terms of the referendum, including proposing a
suitable question and date.

(3)     Before the referendum can take place, the Electoral Commission’s
recommendations shall be subject to a vote in both Houses of Parliament.”

12

Page 1, line 4, leave out “must” and insert “may”

13

Page 1, line 4, leave out “31 December 2017” and insert “22 May 2014”

14

Page 1, line 4, leave out “31 December 2017” and insert “15 May 2015”

LORD FOULKES OF CUMNOCK

15

Page 1, line 4, leave out “2017” and insert “2020”

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

LORD DAVIES OF STAMFORD

16

Page 1, line 5, leave out subsection (3) and insert—

“( )     The Prime Minister shall propose a motion to the House of Commons, and
the Leader of the House of Lords shall propose a motion to the House of
Lords, appointing a day on which the referendum is to be held.”

17

Page 1, line 5, leave out “Secretary of State” and insert “Prime Minister”

18

Page 1, line 5, leave out “Secretary of State” and insert “Secretary of State for
Justice”

19

Page 1, line 5, leave out “Secretary of State” and insert “Secretary of State for
Foreign and Commonwealth Affairs”

20

Page 1, line 5, leave out “Secretary of State” and insert “Deputy Prime Minister”

21

Page 1, line 5, after “State” insert “after consultation with the First Ministers of the
devolved administrations”

22

Page 1, line 5, after “State” insert “subject to the specific consent of both Houses of
Parliament on all administrative arrangements”

LORD FOULKES OF CUMNOCK

LORD KERR OF KINLOCHARD

LORD ROPER

LORD BOWNESS

23

Page 1, line 5, leave out “, and before 31 December 2016,”

LORD KERR OF KINLOCHARD

LORD GRENFELL

LORD ROPER

LORD BOWNESS

24

Page 1, line 6, at end insert—

“( )     No day shall be appointed by an order made under subsection (3) which is
more than one calendar year after the day on which the order is made or
less than 28 weeks after the day on which the order is made.”

LORD ANDERSON OF SWANSEA

LORD FOULKES OF CUMNOCK

LORD WIGLEY

25

Page 1, line 6, at end insert—

“( )     No order shall be made under subsection (3) until the Secretary of State has
reported to Parliament for its approval on recommendations made by an
independent commission which shall be established for the purpose of
considering and reporting on the United Kingdom’s alternatives to
membership of the European Union.”

26

Page 1, line 6, at end insert—

“( )     No order shall be made under subsection (3) until the Secretary of State has
reported to Parliament for its approval on negotiations between the United
Kingdom and other EU Member States concerning the United Kingdom’s
relationship with the European Union.”

LORD GREAVES

27

Page 1, line 6, at end insert—

“(3A)    The referendum shall be held on one of the following days—

(a)   7 May 2015,

(b)   5 May 2016, or

(c)   4 May 2017.

(3B)    If the ordinary local elections in England are not held on the appropriate
date in subsection (3A), the Secretary of State shall by order appoint the
date on which the referendum is to be held as the date of those elections in
that year.”

LORD ARMSTRONG OF ILMINSTER

LORD LESTER OF HERNE HILL

LORD RICHARD

LORD DEBEN

28*

Page 1, line 7, leave out subsection (4)

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

LORD LIPSEY

LORD DAVIES OF STAMFORD

29

Page 1, line 7, leave out subsection (4) and insert—

“( )     The wording of the question shall be decided by the Electoral
Commission.”

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

LORD DAVIES OF STAMFORD

30

Page 1, line 7, leave out subsection (4) and insert—

“( )     The question that is to appear on the ballot paper will be the subject of a
further vote by both Houses of Parliament, following the report of the
Electoral Commission.”

LORD ARMSTRONG OF ILMINSTER

LORD LESTER OF HERNE HILL

LORD RICHARD

LORD QUIRK

31

Page 1, leave out lines 8 and 9 and insert—

  “Should the United Kingdom remain a member of the European Union or
leave the European Union?

LORD FOULKES OF CUMNOCK

LORD QUIRK

LORD ANDERSON OF SWANSEA

LORD DAVIES OF STAMFORD

32

Page 1, line 9, leave out “be” and insert “remain

LORD ANDERSON OF SWANSEA

LORD WIGLEY

33

Page 1, line 9, at end insert “or seek a special bilateral agreement with the European
Union such as that negotiated between the European Union and Switzerland

34

Page 1, line 9, at end insert “or seek a special bilateral agreement with the European
Union such as that negotiated between the European Union and Norway

35

Page 1, line 9, at end insert “or seek an enhanced free trade area with Commonwealth
countries

36

Page 1, line 9, at end insert “or seek an enhanced free trade area with those countries
signed up to the North American Free Trade Agreement

37

Page 1, line 9, at end insert “or make separate trading arrangements with other countries
on the basis of guidance issued by the Secretary of State to both Houses of Parliament
within six months of this referendum

38

Page 1, line 9, at end insert “or seek access to the European Union’s internal market
under the European Economic Area Agreement

39

Page 1, line 9, at end insert “or become a member of the European Free Trade
Association

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

LORD WIGLEY

40

Page 1, line 9, at end insert—

“( )     If the turnout for the referendum is less than 25 per cent of those eligible to
vote, the referendum shall be considered invalid.”

41

Page 1, line 9, at end insert—

“( )     If it appears to the Secretary of State that less than 40 per cent of the persons
entitled to vote in the referendum have voted or that a majority of
responses given in the referendum have been “No” they shall lay before
Parliament the draft of an order for the repeal of this Act.”

42

Page 1, line 9, at end insert—

“( )     The question shall ask whether the United Kingdom prefers to be a
member of the European Union or the European Economic Area or to exit
the European Economic Area.”

43

Page 1, line 10, leave out subsection (5) and insert—

“( )     In Wales, a Welsh version of the question is also to appear on the ballot
papers; in Northern Ireland, an Irish and an Ulster Scots version of the
question is also to appear on the ballot papers; and in Scotland, a Scots
Gaelic version of the question is also to appear on the ballot papers.”

LORD WIGLEY

LORD ANDERSON OF SWANSEA

44

Page 1, line 10, leave out subsection (5) and insert—

“( )     The Secretary of State shall, by order, ensure that the ballot papers used in
Wales, shall include the question, as defined in subsection (4) in a bilingual
English/Welsh format, in which both languages shall have equal
prominence.”

LORD WIGLEY

LORD RICHARD

LORD ROBERTS OF LLANDUDNO

LORD ANDERSON OF SWANSEA

45

Page 1, line 10, leave out subsection (5) and insert—

“( )     In Wales, the following question shall also appear on the ballot papers—

  “A ddylai’r Deyrnas Unedig barhau yn aelod o’r Undeb Ewropeaidd neu
adael yr Undeb Ewropeaidd?
””

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

46*

Page 1, line 11, at end insert “and a Gaelic version shall also appear on the ballot
papers in appropriate parts of Scotland, as provided for by order”

47

Page 1, line 11, at end insert—

“( )     The referendum may not result in the United Kingdom’s withdrawal from
the European Union unless there is the support of—

(a)   a simple majority, and

(b)   40 per cent

of those registered to vote in every component part of the United Kingdom
in which the count is taken separately.”

48

Page 1, line 11, at end insert—

“( )     The referendum shall also be held in Gibraltar.”

BARONESS QUIN

LORD ROPER

LORD BOWNESS

LORD KERR OF KINLOCHARD

49

Page 1, line 11, at end insert—

“( )     The referendum may not result in the United Kingdom’s withdrawal from
the European Union unless at least half of those eligible to vote have
voted.”

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

50

Page 1, line 12, leave out subsection (6)

After Clause 1

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

LORD WIGLEY

51

Insert the following new Clause—

“Enactment conditions

(1)     The outcome of the referendum shall not be acted upon until each House
of Parliament passes by resolution a motion of consent that the referendum
has produced a result which is definitive and beyond challenge.

(2)     The outcome of the referendum shall not be considered definitive unless 40
per cent of those registered to vote give assent in the referendum.”

52

Insert the following new Clause—

“Count for votes cast

The count for votes cast in the referendum shall be carried out and declared
separately for—

(a)   Scotland;

(b)   Wales;

(c)   Northern Ireland; and


8

(d)   England.”

LORD ANDERSON OF SWANSEA

LORD FOULKES OF CUMNOCK

[As an amendment to Amendment 52]

53


Line 8, at end insert “; and

(e)   Gibraltar”

LORD GREAVES

54

Insert the following new Clause—

“Announcement of the results

The declaration of the number of votes cast shall be made—

(a)   in each counting area;

(b)   in aggregate for each of England, Northern Ireland, Scotland, Wales
and Gibraltar; and

(c)   in aggregate for the United Kingdom.”

LORD WILLIAMS OF ELVEL

55

Insert the following new Clause—

“Definition of “United Kingdom”

(1)     For the purposes of this Act, the United Kingdom comprises England,
Scotland, Wales and Northern Ireland.

(2)     Subject to subsections (3) and (4), the Secretary of State may amend
subsection (1) by order made by statutory instrument subject to approval
by resolution of both Houses of Parliament.

(3)     Notwithstanding any provisions of the Scotland Act 1998, the Government
of Wales Acts 1998 and 2006 and the Northern Ireland Act 1998, the—

(a)   Scottish Parliament relating to Scotland,

(b)   Welsh Assembly relating to Wales, or

(c)   the Northern Ireland Assembly relating to Northern Ireland,

may authorise their presiding officer to forward a request, along with any
relevant reports agreed to by the Parliament or Assembly, that the
Secretary of State make an order under subsection (2) to amend subsection
(1).

(4)     No order shall be made under this section until the Secretary of State has
laid before both Houses of Parliament a report setting out any opinion on
his or her proposal to make such an order expressed by any of the Scottish
Parliament, the Northern Ireland Assembly or the Welsh Assembly.”

LORD FOULKES OF CUMNOCK

56*

Insert the following new Clause—

“Enactment conditions

(1)     The outcome of the referendum shall not be acted upon until each House
of Parliament passes by resolution a motion of consent that the referendum
has produced a result which is definitive and beyond challenge.

(2)     The outcome of the referendum shall be not considered definitive unless 40
per cent of those registered to vote participate in the referendum.”

Clause 2

LORD SHIPLEY

LORD KERR OF KINLOCHARD

BARONESS QUIN

LORD BOWNESS

57

Page 1, line 18, leave out “parliamentary election in any constituency” and insert
“local authority election in the United Kingdom”

LORD FOULKES OF CUMNOCK

BARONESS SUTTIE

LORD HANNAY OF CHISWICK

58

Page 1, line 18, at end insert—

“( )   the persons who are at least 16 years old at the date of the
referendum,”

LORD SHIPLEY

59*

Page 1, line 18, at end insert—

“( )   the persons who, on the date of the referendum, would be entitled
to vote in a parliamentary election in any constituency, but are not
eligible to vote in a local authority election in the United Kingdom
by reason of being resident in another country that is a member of
the European Union,”

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

60

Page 2, line 1, leave out paragraph (c) and insert—

“(c)   citizens of the European Union resident in the United Kingdom”

61

Page 2, line 4, at end insert—

“(d)   prisoners who are serving a sentence of less than two years”

62

Page 2, line 4, at end insert—

“( )     Provision shall be made so that all Britons resident abroad who are aged 16
or over on the date of the referendum shall be able to vote in the
referendum in person or by post.”

After Clause 2

LORD SHIPLEY

LORD KERR OF KINLOCHARD

BARONESS QUIN

LORD BOWNESS

63

Insert the following new Clause—

“Amendment of the Representation of the People Act 1985

In section 1 of the Representation of the People Act 1985 (extension of the
parliamentary franchise), after subsection (3), insert—

“(3A)    For the purposes of voting in a referendum on the United
Kingdom’s membership of the European Union, the conditions set
out in subsection (3)(c) and (d) do not have to be met providing that
the overseas elector resides in a country that is a member of the
European Union at the date of the referendum.”.”

Clause 3

LORD GREAVES

64

Page 2, line 5, at end insert—

“( )     The referendum shall take place by means of an all-postal vote ballot.”

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

65

Page 2, line 11, leave out “by order” and insert “introduce further legislation to
Parliament to”

LORD ROPER

BARONESS O’LOAN

LORD HANNAY OF CHISWICK

66*

Page 2, line 16, leave out subsection (4)

LORD WIGLEY

67

Page 2, line 18, at end insert—

“(5)     The Secretary of State shall, by order, make provision for the votes cast in
3England, Northern Ireland, Scotland and Wales, respectively, to be
counted and declared separately.”

LORD ANDERSON OF SWANSEA

LORD FOULKES OF CUMNOCK

[As an amendment to Amendment 67]

68


Line 3, leave out “and Wales,” and insert “, Wales and Gibraltar,”

After Clause 3

LORD LIPSEY

LORD FOULKES OF CUMNOCK

69

Insert the following new Clause—

“Office for Public Information on the European Referendum

(1)     There shall be established an Office for Public Information on the European
Referendum (“the Office”).

(2)     The Office shall be headed by a Commissioner for Public Information.

(3)     The Commissioner shall be appointed with the approval of the
Commissioner for Public Appointments.

(4)     It shall be the duty of the Commissioner for Public Information and the
Office to inform the public ahead of the vote in the referendum of the
advantages and disadvantages of the UK’s membership of the European
Union.

(5)     The cost of the Office shall be met by Her Majesty’s Treasury.”

LORD ROPER

BARONESS O’LOAN

LORD HANNAY OF CHISWICK

70*

Insert the following new Clause—

“Procedure for an order under section 3

(1)     Before making an order under section 3, the Secretary of State must
consult—

(a)   the Electoral Commission;

(b)   local authorities;

(c)   any officially established group formed to campaign on the
referendum;

(d)   any other people that appear relevant to the Secretary of State.

(2)     If, following consultation under subsection (1), the Secretary of State
proposes to make an order under section 3, the Secretary of State must lay
before each House of Parliament a document which—

(a)   explains the proposals;

(b)   sets them out in the form of a draft order; and

(c)   gives details of consultation under subsection (1).

(3)     After laying such a document the Secretary of State may not make an order
in the terms of the draft set out in subsection (2)(b) until a prescribed period
of no less than 60 days from the day on which the document is laid has
passed.

(4)     When the prescribed period in subsection (3) has expired, the Secretary of
State may make an order in the terms of the draft in subsection (2)(b) if it is
approved by a resolution of each House of Parliament.

(5)     However, during the prescribed period in subsection (3), a committee of
either House charged with reporting on the draft order may, at any time,
recommend changes to the draft order, including that no further
proceedings be taken in relation to the draft order.

(6)     Where a recommendation is made by a committee of either House under
subsection (4) in relation to a draft order, no proceedings may be taken in
relation to the draft order in that House under subsection (3) unless the
recommendation is, in the same session, rejected by resolution of that
House.

(7)     If, after the expiry of the 60-day period, the Secretary of State wishes to
make an order consisting of a version of the draft order with material
changes, he must lay before Parliament—

(a)   a revised draft order; and

(b)   a statement giving details of—

(i)   any representations made under subsection (2)(a); and

(ii)   the revisions proposed.

(8)     In calculating the period mentioned in subsection (3) no account is to be
taken of any time during which—

(a)   Parliament is dissolved or prorogued, or

(b)   either House is adjourned for more than four days.”

After Clause 4

LORD ROPER

BARONESS QUIN

LORD HANNAY OF CHISWICK

LORD ANDERSON OF SWANSEA

71

Insert the following new Clause—

“Reporting

(1)     No order shall be made under section (Commencement) until—

(a)   the Secretary of State has published and laid before Parliament an
evidence based assessment of the impact of the United Kingdom
ceasing to be a member of the European Union; and

(b)   at least eighteen months have passed since the passing of this Act.

(2)     A report under subsection (1)(c) must include an assessment of—

(a)   the effect on the United Kingdom’s economy;

(b)   the effect on the rights of individuals within the UK;

(c)   the rights of European citizens living in the UK;

(d)   the rights of UK citizens living in another country that is a member
of the European Union.”

LORD TURNBULL

LORD GRENFELL

LORD SHIPLEY

LORD ANDERSON OF SWANSEA

72

Insert the following new Clause—

“Assessment of future relationship with the European Union

No order shall be made under section (Commencement) until the Secretary
of State has prepared, published and laid before Parliament an assessment
of the United Kingdom’s intended relationship with the European Union
in the event of withdrawal from the European Union.”

LORD RICHARD

BARONESS SUTTIE

LORD HANNAY OF CHISWICK

73

Insert the following new Clause—

“Commencement

This Act shall come into force on a day appointed by the Secretary of State
by order made by statutory instrument subject to approval by resolution of
each House of Parliament.”

LORD ROPER

BARONESS QUIN

LORD HANNAY OF CHISWICK

LORD ANDERSON OF SWANSEA

74*

Insert the following new Clause—

“Referendum condition

(1)     No order shall be made providing for a referendum to be held under this
Act until the Secretary of State has published and laid before Parliament an
evidence based assessment of the impact of the United Kingdom ceasing to
be a member of the European union.

(2)     A report under subsection (1) must include an assessment of—

(a)   the effect on the United Kingdom’s economy;

(b)   the effect on the rights of individuals within the UK;

(c)   the rights of European citizens living in the UK;

(d)   the rights of UK citizens living in another country that is a member
of the European Union.”

Clause 6

LORD WIGLEY

75

Page 3, line 4, at end insert—

“( )     The Secretary of State may by order made by statutory instrument subject
to approval by both Houses of Parliament amend subsection (1) to omit the
word “Scotland”.”

LORD FOULKES OF CUMNOCK

76

Page 3, line 5, after “(Referendum” insert “and related provisions”

Prepared 23rd January 2014