Amendments proposed to the European Communities (Amendment) Bill - continued House of Commons

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Commencement: Condition on preservation of national sovereignty (No. 4)

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC23

To move the following Clause:—

       'This Act shall not come into force until the Treaty establishing the European Coal and Steel Community to be amended to provide for the addition of the following Article:

       "Article 1A.

    (1)   The Member States acknowledge that nothing in the law of the European Union and European Community law can require a Member State through its institutions to apply a law which would cause a break in the legitimation of the constitutional order of that state or override a fundamental right protected in the constitutional order of that state.

    (2)   The competences of the institutions of the European Union and the Communities does not and cannot extend to requiring a Member State institution to apply a law which would cause a break in the legitimation of the constitutional order of that state or override a fundamental right protected in the constitutional order of that state.

    (3)   The law of the European Coal and Steel Community remains part of the legal order of public international law, as a subset of the law of international organisations.

    (4)   This Treaty and the laws and measures adopted pursuant to it shall be interpreted according to the principle that restrictions on the sovereignty of Member States shall be interpreted restrictively.

    (5)   This Article takes precedence over all other provisions of the Treaty including the Preamble and measures, including judicial decisions, taken thereunder.".'


Erosion of sovereignty

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC24

To move the following Clause:—

       'The Secretary of State shall, whenever proposals consequential upon the Treaty of Nice, are made, or are to be made (whether by the Commission or the United Kingdom or another Member State of the Union), in the forum of the Council of Ministers which may result in an erosion of the sovereignty of the Government of the United Kingdom—

    (a)   lay before Parliament a White Paper setting out the nature of the proposals and their potential effect on the interest and obligations within the United Kingdom; and

    (b)   so far as it is practicable, secure that the United Kingdom's conduct in the negotiations on the proposals is in accordance with Parliament's opinion of them, as manifested in the form of resolution, enactment or otherwise.'.


Revision of Treaty policies and forms of co-operation

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC25

To move the following Clause:—

       'The Secretary of State shall, whenever proposals are made, or are to be made (whether by the Commission or the United Kingdom or another Member State of the Union), for revision of the policies and forms of co-operation introduced in the Nice Treaty—

    (a)   lay before Parliament a report setting out the nature of the proposals and their potential effect on the interests and obligations of the United Kingdom, and

    (b)   so far as it is practicable, secure that the United Kingdom's conduct in the negotiations on the proposals is in accordance with Parliament's opinion of them, as manifested in the form of Resolution, enactment or otherwise.'.


Community legislation

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC26

To move the following Clause:—

       '.—Pursuant to the Treaty of Nice, concerning Community legislation, Her Majesty's Government shall conduct a review of all United Kingdom primary and secondary legislation that enacts Community measures, with a view to reviewing, reducing and simplifying that legislation wherever possible.'.


Subsidiarity: Annual Report

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC27

To move the following Clause:—

       '.—The Secretary of State shall, within a year of entry into force, and annually thereafter, publish and lay before the House a report on the application in the European Union and the United Kingdom of the principles of subsidiarity laid down in the seventh protocol annexed to the Treaty of Amsterdam.'.


Restoration of unanimous voting

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC28

To move the following Clause:—

       'This Act shall come into force only when each extension of qualified majority voting in the Council of Ministers as provided for by the Nice Treaty has been replaced by unanimous voting.'.


Extension of jurisdiction of European Court of Justice: legal advice

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC29

To move the following Clause:—

       '.—This Act shall not come into force until Her Majesty's Government has obtained specific legal advice from the Attorney General setting out the extent to which the provisions of the Treaty of Nice extend the jurisdiction of the European Court of Justice in the United Kingdom, such advice to form the basis of a report to each House of Parliament and to be subject to an affirmative resolution.'.


Reform of European Court of Justice

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC30

To move the following Clause:—

       '.—This Act shall not come into force until the House of Commons has come to a Resolution on a motion tabled by a Minister of the Crown considering the reform of the European Court of Justice which include the limitation of retrospective application of ECJ judements; an internal appeals procedure; national time-limits on implementation of Directives; and, limitation of damages payable by Member States found to be in breach of Treaty obligations.'.


Common foreign and security policy

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC31

To move the following Clause:—

       '.—The Government shall not take any steps to participate in the decision making arrangements in respect of common foreign and security policy in the Nice Treaty, without first tabling a motion in each House of Parliament which shall be subject to affirmative resolution.'.


Exchange of information between Court of Auditors and other bodies

   

Mr William Cash
Sir Peter Tapsell
Mr Richard Shepherd
Mr Nicholas Winterton
Mr Andrew Rosindell

NC32

To move the following Clause:—

       '.—In connection with the provisions of the Nice Treaty relating to the Court of Auditors, the Secretary of State shall establish a standing mechanism for the exchange of information between the Court of Auditors and, respectively, the National Audit Office and the Northern Ireland Audit Office, and, in respect of funds administered by local government, the Audit Commission and the Commission for Local Authority Accounts in Scotland.'.


Eurojust

   

Mr Francis Maude
Mr Edward Garnier
Mr Richard Spring
Mrs Cheryl Gillan
Mr Peter Luff

NC33

To move the following Clause:—

       'This Act shall not come into force until Her Majesty's Government has obtained, and laid before Parliament, legal advice from the Attorney General on the effect on the criminal and judicial processes in the United Kingdom of Article 1, paragraph 8 of the Nice Treaty, revising Article 31 TEU, as they relate to the provisions on Eurojust.'.


United Kingdom Commissioner

   

Miss Anne McIntosh

NC34

To move the following Clause:—

       'In relation to Article 2, paragraph 22 of the Treaty of Nice, prior to the adoption by the Council of the list of Members of the Commission, Her Majesty's Government shall lay a report before Parliament setting out its preferred candidate for any post of United Kingdom commissioner which has become available, and shall lay a further report after the Council meeting if that candidate has not been adopted.'.


Secretary General of the Council

   

Miss Anne McIntosh

NC35

To move the following Clause:—

       'In relation to Article 2, paragraph 20 of the Treaty of Nice, prior to a vote in the Council on the appointment of the Secretary General of the Council, Her Majesty's Government shall lay a report before Parliament setting out its preferred candidate for the post, and shall lay a further report after the Council meeting if that candidate has not been adopted.'.


President of the Commission

   

Miss Anne McIntosh

NC36

To move the following Clause:—

       'In relation to Article 2, paragraph 22 of the Treaty of Nice, prior to a vote in the Council on the nomination of the President of the Commission, Her Majesty's Government shall lay a report before Parliament setting out its preferred candidate for the post, and shall lay a further report after the Council meeting if that candidate has not been adopted.'.

 
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Prepared 9 Jul 2001