European Union Referendum Bill

Revised
marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 11th November 2015, as follows—

Clauses 1 to 3
Schedules 1 to 3
Clause 4
Clauses 6 to 12
Clause 5
Title

[Amendments marked * are new or have been altered]

Clause 1

LORD HAMILTON OF EPSOM

1

Page 1, line 6, at end insert—

“( )     Regulations under subsection (2) must appoint a day at least 10 weeks from
the day on which the regulations are made.

( )     A draft of regulations under subsection (2) must be laid before each House
of Parliament at least 16 weeks before the day to be appointed thereby.”

Clause 2

LORD GREEN OF DEDDINGTON

2

Page 2, line 9, leave out paragraph (a) and insert—

“(a)   if the day appointed under section 1(2) is before 1 January 2017, the
persons who, on the date of the referendum, would be entitled to
vote as electors at a parliamentary election in any constituency, or

(aa)   if the day appointed under section 1(2) is 1 January 2017 or later, the
persons who, on the date of the referendum, would be entitled to
vote as electors at a parliamentary election in any constituency by
virtue of being a citizen of the Republic of Ireland or, under the
British Nationality Acts 1981 and 1983 or the British Overseas
Territories Act 2002, a British citizen, a British overseas territories
citizen, a British National (Overseas), a British Overseas citizen or a
British subject,”

BARONESS MORGAN OF ELY

LORD TYLER

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

3

Page 2, line 10, at end insert “and persons who would be so entitled except for the
fact that they will be aged 16 or 17 on the date on which the referendum is to be
held,”

LORD HANNAY OF CHISWICK

LORD WIGLEY

BARONESS SMITH OF NEWNHAM

LORD FOULKES OF CUMNOCK

4

Page 2, line 10, at end insert “or

(ii)   a local government election in any constituency provided
the person is an EU citizen resident in the United Kingdom
for no less than five calendar years prior to the date of the
referendum,”

LORD GREEN OF DEDDINGTON

5

Page 2, leave out lines 22 to 28 and insert—

“(i)   if the day appointed under section 1(2) is before 1 January 2017—

(a) would be entitled to vote in Gibraltar as electors at a
European Parliamentary election in the combined
electoral region in which Gibraltar is comprised, and

(b) are either Commonwealth citizens or citizens of the
Republic of Ireland, or

(ii)   if the day appointed under section 1(2) is 1 January 2017 or
later, would be entitled to vote in Gibraltar as electors at a
European Parliamentary election in the combined electoral
region in which Gibraltar is comprised by virtue of being a
citizen of the Republic of Ireland or, under the British
Nationality Acts 1981 and 1983 or the British Overseas
Territories Act 2002, a British citizen, a British overseas
territories citizen, a British National (Overseas), a British
Overseas citizen or a British subject.”

BARONESS MILLER OF CHILTHORNE DOMER

LORD HANNAY OF CHISWICK

LORD GAREL-JONES

BARONESS ROYALL OF BLAISDON

6

Page 2, line 25, at end insert—

“(d)   the persons who fall within subsection (4).”

7

Page 2, line 32, at end insert—

“(4)     Notwithstanding the provisions of the Representation of the People Act
1983, as amended, or of any other statute, a United Kingdom citizen
resident in a country within the European Union will be eligible—

(a)   to register to vote; and

(b)   to vote;

in the referendum, irrespective of the length of time that the citizen has
been resident in such a country.”

LORD HAMILTON OF EPSOM

7A*

Page 2, line 32, at end insert—

“( )     Regulations under section 1(2) may not be laid before either House of
Parliament unless the Electoral Commission has certified that any persons
in the United Kingdom who would not be entitled to vote as electors at a
parliamentary election in any constituency but are entitled to vote in the
referendum by virtue of this section have had sufficient time to register to
vote (the meaning of “sufficient time” having been determined by the
Electoral Commission).”

Schedule 1

LORD HAMILTON OF EPSOM

7B*

Page 8, line 7, at end insert “provided that the Minister may not prescribe a period
of fewer than 10 weeks”

LORD WILLOUGHBY DE BROKE

8

Page 8, line 7, at end insert “and the period prescribed by regulations made
pursuant to this subsection shall be no less than 10 weeks”

BARONESS ANELAY OF ST JOHNS

9

Page 8, line 7, at end insert—

“( )     The period prescribed under this paragraph must be a period which—

(a)   is at least 10 weeks, and

(b)   ends with the date of the referendum.”

LORD WILLOUGHBY DE BROKE

10

Page 11, line 43, at end insert “and the day prescribed by the Minister pursuant to
this paragraph shall be no later than 6 weeks before the first date of the referendum
period.”

LORD HANNAY OF CHISWICK

11

Page 12, line 8, at end insert—

“Designation of organisation for only one of the possible outcomes

Section 108 of the 2000 Act (assistance for designated organisations) has
effect for the purposes of the referendum as if—

(a)   at the end of subsection (2)(a), for “but” there were substituted
“or”; and

(b)   for subsection (2)(b) there were substituted—

“(b)   may designate a permitted participant in relation
to only one of the possible outcomes.””

LORD FORSYTH OF DRUMLEAN

12

Page 17, line 1, leave out sub-paragraph (2) and insert—

“(2)     Paragraph 1 of that Schedule (limits in relation to referendums held
throughout United Kingdom) has effect for the purposes of the
referendum as if for sub-paragraphs (2) to (5) there were substituted—

“(2)   The Electoral Commission shall by order set a limit on the total
permitted referendum expenses for those campaigning to
remain a member of the European Union, and for those
campaigning to leave the European Union.

(3)   The limit set under sub-paragraph (2) shall be the same for
both campaigns.

(4)   For each campaign, the limit set under sub-paragraph (2) shall
apply to the sum of—

(a)   expenditure by the designated organisation for that
campaign, and

(b)   expenditure by any registered party in support of that
campaign.

(5)   An order under sub-paragraph (2) may specify, within the
overall limit, a sub-limit for the designated organisation for a
campaign, and sub-limits for specified registered parties
supporting that campaign.

(6)   An order under sub-paragraph (2) must be made by statutory
instrument, which must not be made unless a draft of the
instrument has been laid before, and approved by a resolution
of, each House of Parliament.””

LORD HAMILTON OF EPSOM

13

Page 17, line 19, at end insert—

“Restrictions on campaigning by the EU institutions

For the purposes of the referendum, the following is to be treated as
inserted after section 119 of the 2000 Act—

“119A           Restrictions on the EU institutions

(1)     Notwithstanding the European Communities Act 1972, during
the referendum period, an EU institution must not incur
referendum expenses or do anything else for referendum
purposes.

(2)     Notwithstanding the European Communities Act 1972, a
permitted participant must not accept a donation from an EU
institution.

(3)     In this section, “EU institution” has the same meaning as in
Article 13(1) of the Treaty on European Union.

(4)     In this section, “for referendum purposes” and “referendum
expenses” have the same meaning as in section 111 of this Act.””

LORD JAY OF EWELME

14

Page 22, line 34, at end insert—

“Prohibition on use of impermissible funds to meet referendum expenses

For the purposes of the referendum, the following section is to be treated
as inserted after section 119 of the 2000 Act (control of donations to
permitted participants)—

“119A           Prohibition on use of impermissible funds to meet
referendum expenses

(1)     Any money or other property received by any individual or
other body, at any time, from a person who is not at the time of
its receipt a permissible donor falling within section 52(2) or a
person falling within paragraph 6(1A) of Schedule 15, must not
be used to meet any referendum expenses.

(2)     Any person who allows the use of such money or property as set
out in subsection (1) to meet referendum expenses shall be guilty
of an offence.

(3)     Where a person is charged with an offence under subsection (2),
it shall be a defence to prove that the person was unaware that
the money or property was not received from a permissible
donor.””

Clause 4

BARONESS ANELAY OF ST JOHNS

15

Page 3, line 9, after “enactment” insert “(other than this Act)”

16

Page 3, line 16, leave out “this Act or any other” and insert “any”

17

Page 3, line 18, at end insert—

“( )     The reference in subsection (2) to any enactment includes—

(a)   the definition of “counting officer” in section 9(1),

(b)   section 9(2), and

(c)   Schedule 3,

but does not include any other provision of this Act.”

Clause 6

LORD HAMILTON OF EPSOM

18

Page 4, line 25, at end insert—

“( )     Regulations under subsection (2) may not be made unless the Minister on
reasonable grounds considers that the regulations are necessary to
secure—

(a)   the continued functioning of Her Majesty’s Government; or

(b)   the safety of the public (or any section thereof).”

19

Page 4, line 29, leave out subsection (8)

20

[Re-tabled as Amendment 7B]

After Clause 6

LORD FORSYTH OF DRUMLEAN

21

Insert the following new Clause—

“Fine in case of breach of section 125

Section 125 of the 2000 Act (restriction on publication etc of promotional
material by central and local government etc) has effect for the purposes of
the referendum as if there were inserted at the end—

“(5)     If the Electoral Commission is satisfied beyond reasonable doubt
that a person has breached the restrictions imposed by this section,
and by so doing has caused public money to be spent, that person
shall be guilty of an offence.

(6)     The Commission may impose a monetary penalty on a person
guilty of an offence under subsection (5), which must be not less
than the amount of public money which has been so caused to be
spent.””

22

Insert the following new Clause—

“Agreement on purdah between the Government and the European Union
institutions

The 2000 Act has effect for the purposes of the referendum as if there were
inserted after section 125—

“125A           Agreement between the Government and the European Union
institutions

(1)     The Secretary of State shall seek to conclude an agreement between
the Government and the institutions of the European Union, to the
effect that the institutions will voluntarily abide by the provisions
of section 125 in relation to the referendum to be held under section
1 of the European Union Referendum Act 2015.

(2)     The Secretary of State shall lay before each House of Parliament a
copy of any agreement concluded under subsection (1).””

Clause 7

BARONESS ANELAY OF ST JOHNS

23

Page 4, line 42, leave out paragraph (b)

24

Page 5, line 2, leave out subsection (5)

After Clause 5

LORD KERR OF KINLOCHARD

BARONESS MORGAN OF ELY

LORD TUGENDHAT

25

Insert the following new Clause—

“Report on the United Kingdom’s future relationship with the European Union
in the event of withdrawal from the European Union

(1)     The Secretary of State shall report on the relationship with the European
Union which the Government envisage in the event of a referendum vote
to leave the European Union, and on its view of the acceptability of this
arrangement to every European Union member state.

(2)     The report provided for by subsection (1) must be published and laid
before each House of Parliament, no later than 12 weeks prior to the
appointment date of the referendum.”

LORD GREEN OF DEDDINGTON

26

Insert the following new Clause—

“Report on the consequences of the United Kingdom staying in the European
Union: net migration

No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
report on the impact of continued membership of the European Union on
the scale of net migration to the United Kingdom and its consequential
effect on the future population of the United Kingdom.”

27

Insert the following new Clause—

“Report on the consequences of the United Kingdom staying in the European
Union: free movement

No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
report on the current length of time taken for people who are not European
Union citizens to acquire citizenship in each member state, and the extent
of free movement within the European Union that accompanies such
citizenships and accrues to family members of those citizens.”

BARONESS MORGAN OF ELY

LORD HANNAY OF CHISWICK

LORD BOWNESS

BARONESS SMITH OF NEWNHAM

28

Insert the following new Clause—

“Report on the consequences of United Kingdom withdrawal from the
European Union

(1)     No later than 12 weeks prior to the appointed date of the referendum, the
Secretary of State shall publish, and lay before each House of Parliament, a
comprehensive report on the possible consequences of withdrawal from
the European Union, taking into account the reports published under the
Review of the Balance of Competences.

(2)     The report provided for by subsection (1) shall include information on—

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

(b)   the effect of withdrawal from the European Union on the rights of
individuals within the United Kingdom, including the effect on
employment rights;

(c)   the rights of European Union citizens living in the United Kingdom
following withdrawal;

(d)   the rights, following withdrawal, of United Kingdom citizens living
in another country that is a member of the European Union;

(e)   the legislative and statutory consequences of withdrawal for each
government department and for the devolved governments of the
United Kingdom, including for social and environmental
legislation;

(f)   consequences of withdrawal for law enforcement, security and
justice in the United Kingdom and in the devolved jurisdictions;

(g)   consequences of withdrawal on those regions of the United
Kingdom that qualify for structural funds;

(h)   consequences of withdrawal on the provision of financial support
for agriculture in each region of the United Kingdom;

(i)   consequences of withdrawal from the European Union for research
and universities in the United Kingdom; and

(j)   consequences for Gibraltar of the withdrawal of the United
Kingdom from the European Union.”

LORD FORSYTH OF DRUMLEAN

29

Insert the following new Clause—

“Report on the outcomes of negotiations between Her Majesty’s Government
and the European Union

Not less than four months before the date of the referendum, the Secretary
of State shall publish, and lay before each House of Parliament, a report
setting out the outcomes of Her Majesty’s Government’s negotiations with
the European Union, and any resulting changes in the relationship between
the United Kingdom and the European Union.”

Prepared 17th November 2015