European Union (Referendum) Bill

second
marshalled
list of Amendments
to be moved
in committee

[Amendments marked * are new or have been altered]

Clause 1

LORD FOULKES OF CUMNOCK

LORD ANDERSON OF SWANSEA

50

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

LORD TURNBULL

LORD GRENFELL

LORD SHIPLEY

LORD ANDERSON OF SWANSEA

50A*

Page 1, line 14, at end insert—

“(7)     No order shall be made under subsection (6) 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.”

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.”

LORD WILLS

62A*

Page 2, line 4, at end insert—

“(2)     The Secretary of State may not make an order under section 1(3) until the
Electoral Commission has informed the Secretary of State that every local
authority has taken all reasonable steps to ensure that all of those entitled
to vote under this section are accurately recorded on the electoral register.”

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 GRENFELL

LORD DUBS

64A*

Page 2, line 10, leave out subsections (2) and (3) and insert—

“( )     The referendum will be conducted in accordance with sections 101 to 110
of the Political Parties Elections and Referendums Act 2000.”

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 GRENFELL

LORD DUBS

65A*

Page 2, line 15, at end insert—

“(3A)    The Electoral Commission shall undertake a review of the conduct of the
referendum and shall publish a report setting out the conclusions of the
review no more than 12 months after the day or days on which the
referendum is held.”

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

BARONESS ANDREWS

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.”

LORD ANDERSON OF SWANSEA

74A*

Insert the following new Clause—

“Report on alternatives to membership of the European Union: Switzerland

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 and instead seeking a special bilateral
agreement with the European Union such as that negotiated between the
European Union and Switzerland.”

74B*

Insert the following new Clause—

“Report on alternatives to membership of the European Union: Norway

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 and instead seeking a special bilateral
agreement with the European Union such as that negotiated between the
European Union and Norway.”

74C*

Insert the following new Clause—

“Report on alternatives to membership of the European Union: the
Commonwealth

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 and instead seeking an enhanced free
trade area with Commonwealth countries.”

74D*

Insert the following new Clause—

“Report on alternatives to membership of the European Union: North America

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 and instead seeking an enhanced free
trade area with those countries signed up to the North American Free
Trade Agreement.”

74E*

Insert the following new Clause—

“Report on alternatives to membership of the European Union

(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 and instead seeking to make separate
trading arrangements with countries determined in accordance with sub-
section (2).

(2)     The Secretary of State shall, within six months of the passing of this Act,
draw up and present to Parliament for approval a list of countries for the
purposes of sub-section (1).”

74F*

Insert the following new Clause—

“Report on alternatives to membership of the European Union: European
Economic Area

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 and instead seeking access to the
European Union’s internal market under the European Economic Area
Agreement.”

74G*

Insert the following new Clause—

“Report on alternatives to membership of the European Union: European Free
Trade Association

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 and instead seeking to become a
member of the European Free Trade Association.”

LORD WILLS

74H*

Insert the following new Clause—

“Public information campaign

(1)     There shall be a public information campaign prior to the referendum
which shall include material, available online and in print, summarising
the meaning of the referendum question and an objective assessment by
the Office for Budget Responsibility of the economic impact of the United
Kingdom remaining within the European Union and of the United
Kingdom leaving the European Union.

(2)     The print material prepared under subsection (1) shall be distributed, as far
as is practicable, to all households in the United Kingdom.”

LORD LIPSEY

74J*

Insert the following new Clause—

“Assistance available to designated organisations

(1)     The Electoral Commission shall designate two organisations to whom
assistance is available in accordance with section 110 of the Political Parties
Elections and Referendums Act 2000.

(2)     The Commission shall make to each designated organisation a grant of the
same amount, which shall be an amount not exceeding £600,000
determined by the Commission.

(3)     The Commission shall specify a limit to the expenditure which each
designated organisation may incur during the referendum period.

(4)     Any organisation planning to spend more than £10,000 on activities which
might reasonably be expected to promote a “yes” or a “no” vote in the
referendum must register with the Electoral Commission as a permitted
participant for the referendum period.

(5)     The Electoral Commission shall set a limit to the amount spent by any
single permitted participant in the referendum period.

(6)     The Electoral Commission shall set an aggregate limit for the total
expenditure of permitted participants on each side who operate to a
common plan.”

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 30th January 2014