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Other Bills before Parliament


 
 

Committee of the whole House: 3rd March 2008            

1377

 

European Union (Amendment) Bill, continued

 
 

Protection of existing police and criminal justice obligations

 

Mr David Heathcoat-Amory

 

Mr Peter Bone

 

Mr William Cash

 

Mr Richard Shepherd

 

NC4

 

To move the following Clause:—

 

‘(1)    

Before the expiry of the transitional provision included in Article 10 of the

 

Protocol on Transitional Provisions, the United Kingdom shall notify the Council

 

that it does not accept the powers of the European Union institutions described in

 

Article 10(1) of that Protocol over acts adopted before the entry into force of the

 

Treaty of Lisbon.

 

(2)    

In this section, “the Council” means that European Union institution founded on

 

Article 16 of the Treaty on European Union.’.

 


 

Government opinion on adherence to subsidiarity

 

Mr David Heathcoat-Amory

 

Mr Peter Bone

 

Mr William Cash

 

Mr Richard Shepherd

 

NC5

 

To move the following Clause:—

 

‘(1)    

The relevant Secretary of State shall present to Parliament his opinion on whether

 

a draft European Union legislative act forwarded to national parliaments under

 

the Protocol on the Role of National Parliaments in the European Union complies

 

with the principles of conferral, subsidiarity and proportionality, set out in Article

 

5 of the Treaty on European Union.

 

(2)    

This opinion shall include supporting evidence.’.

 


 

Disapplication of the Charter of Fundamental Rights

 

Mr William Cash

 

Mr John Redwood

 

Mr Iain Duncan Smith

 

Mr Bernard Jenkin

 

Mr Richard Shepherd

 

Sir Nicholas Winterton

 

NC6

 

To move the following Clause:—

 

‘Notwithstanding any provision of the European Communities Act 1972, nothing

 

in the Charter of Fundamental Rights of the European Union of December 7th

 

2000, as adapted at Strasbourg on December 12th 2007, shall be binding in any


 
 

Committee of the whole House: 3rd March 2008            

1378

 

European Union (Amendment) Bill, continued

 
 

legal proceedings in the United Kingdom and shall not form part of the law

 

applicable in any part of the United Kingdom.’.

 


 

Disapplication of the legislative procedure in relation to justice and home affairs

 

Mr William Cash

 

Mr John Redwood

 

Mr Iain Duncan Smith

 

Mr Bernard Jenkin

 

Mr Richard Shepherd

 

Sir Nicholas Winterton

 

nc7

 

To move the following Clause:—

 

‘Notwithstanding any provision of the European Communities Act 1972, nothing

 

in Articles 68 to 89 of the Treaty on the Functioning of the European Union shall

 

be binding in any legal proceedings in the United Kingdom and shall not form

 

part of the law applicable in any part of the United Kingdom.’.

 


 

Bill of Rights 1689

 

Mr William Cash

 

Mr John Redwood

 

Mr Iain Duncan Smith

 

Mr Bernard Jenkin

 

Mr Richard Shepherd

 

Sir Nicholas Winterton

 

nc8

 

To move the following Clause:—

 

‘Notwithstanding any provision of the European Communities Act 1972, nothing

 

in this Act shall affect or be construed by any court in the United Kingdom as

 

affecting Article IX of the Bill of Rights 1689.’.

 



 
 

Committee of the whole House: 3rd March 2008            

1379

 

European Union (Amendment) Bill, continued

 
 

Supremacy of Parliament

 

Mr William Cash

 

Mr John Redwood

 

Mr Iain Duncan Smith

 

Mr Bernard Jenkin

 

Mr Richard Shepherd

 

Sir Nicholas Winterton

 

nc9

 

To move the following Clause:—

 

‘Notwithstanding any provision of the European Communities Act 1972, nothing

 

in this Act shall affect or be construed by any court in the United Kingdom as

 

affecting the supremacy of the United Kingdom Parliament.’.

 


 

Advice of the Attorney General on the extension of the jurisdiction of the European Court

 

of Justice in the United Kingdom

 

Mr William Cash

 

David Davis

 

Nick Herbert

 

Mr Dominc Grieve

 

Mr Mark Francois

 

Mr David Evennett

 

nc10

 

To move the following Clause:—

 

‘This Act shall not come into force until

 

(1)    

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 Lisbon

 

extend the jurisdiction of the European Court of Justice in the United Kingdom;

 

(2)    

Her Majesty’s Government has laid before Parliament a report based on that

 

advice; and

 

(3)    

The report has been approved by resolution of each House of Parliament.’.

 


 

Charter of fundamental rights

 

Mr William Hague

 

Mr David Lidington

 

David Davis

 

Nick Herbert

 

Mr Dominic Grieve

 

Mr Mark Francois

 

NC12

 

To move the following Clause:—

 

‘For the avoidance of doubt, no decision of the European Court of Justice which

 

is based on any application of the provisions of the Charter of Fundamental


 
 

Committee of the whole House: 3rd March 2008            

1380

 

European Union (Amendment) Bill, continued

 
 

Rights of the European Union to interpreting or applying the law of the European

 

Union shall have any force of law or effect in the United Kingdom.’.

 


 

Referendum on the Treaty of Lisbon

 

Mr Ian Davidson

 

Kelvin Hopkins

 

Ann Winterton

 

Sir Nicholas Winterton

 

NC13

 

To move the following Clause:—

 

‘(1)    

A Referendum shall be held, not later than six months after Royal Assent,

 

throughout the United Kingdom and Gibraltar on the day specified by an order

 

made by a Minister of the Crown.

 

(2)    

The provisions of Article 1, paragraph 58 of the Treaty of Lisbon, inserting

 

Article 49A of the Treaty on European Union, on withdrawal from the Union,

 

shall be implemented by the United Kingdom if a negative answer is given to the

 

question in subsection (5)(a), in which case no provision of this Act shall come

 

into force except for this section.

 

(3)    

If an affirmative answer is given to the question in subsection (5)(a) then the

 

United Kingdom may not use the provisions referred to in subsection (2).

 

(4)    

If an affirmative answer is given to the question in subsection (5)(a) but a negative

 

answer is given to the question in subsection (5)(b) then this Act shall not come

 

into force.

 

(5)    

The questions to be asked in the referendum are—

 

(a)    

“Should the United Kingdom retain its membership of the European

 

Union?”

 

(b)    

“If it remains a member of the European Union, should the United

 

Kingdom approve the Lisbon Treaty?”

 

(6)    

The referendum shall be conducted in accordance with Schedule [Conduct of the

 

referendum].’.

 


 

Declaration by Secretary of State and Referendum

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

NC14

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may make a declaration that he has concluded that public

 

opinion supports continued United Kingdom membership of the European Union.


 
 

Committee of the whole House: 3rd March 2008            

1381

 

European Union (Amendment) Bill, continued

 
 

(2)    

The Secretary of State may not make any declaration referred to in subsection (1)

 

unless a referendum has resulted in an affirmative answer to the question “Should

 

the United Kingdom remain in the European Union?”.

 

(3)    

A Minister of the Crown may by order make provision in relation to the

 

referendum which—

 

(a)    

determines the referendum period for the purposes of Part 7 of the

 

Political Parties, Elections and Referendums Act 2000 (c. 41); and

 

(b)    

requires ballot papers to be used by voters in Wales, having set out the

 

question and the possible answers in English, to set them out again, with

 

prominence, in Welsh.

 

(c)    

makes provision as to the conduct of the referendum, entitlement to vote

 

in the referendum and legal challenge to the referendum result.

 

(4)    

The question in Welsh is “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

 

Ewropeiadd?”.

 

(5)    

Every power of a Minister of the Crown to make an order under this section shall

 

be exercisable by statutory instrument.

 

(6)    

An order under this section may be made only if a draft of the order has been—

 

(a)    

laid before Parliament; and

 

(b)    

approved by a resolution of each House.’.

 


 

Declaration by Secretary of State, Resolution by House of Commons, and Referendum

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may make a declaration that he has concluded that public

 

opinion supports continued United Kingdom membership of the European Union.

 

(2)    

The Secretary of State may not make a declaration referred to in subsection (1)

 

unless a referendum has resulted in an affirmative answer to the question “Should

 

the United Kingdom remain in the European Union?” and, subsequent to the

 

referendum, the House of Commons has passed a resolution in the terms laid out

 

in subsection (3).

 

(3)    

The terms of the resolution are: “That this House is satisfied that public opinion

 

in the United Kingdom supports continued membership of the European Union

 

and, consequently, this House approves the commencement of the European

 

Union (Amendment) Act 2008.”.

 

(4)    

A Minister of the Crown may by order make provision in relation to the

 

referendum which—

 

(a)    

determines the referendum period for the purposes of Part 7 of the

 

Political Parties, Elections and Referendums Act 2000 (c. 41); and

 

(b)    

requires ballot papers to be used by voters in Wales, having set out the

 

question and the possible answers in English, to set them out again, with

 

prominence, in Welsh.


 
 

Committee of the whole House: 3rd March 2008            

1382

 

European Union (Amendment) Bill, continued

 
 

(c)    

makes provision as to the conduct of the referendum, entitlement to vote

 

in the referendum and legal challenge to the referendum result.

 

(5)    

The question in Welsh is “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

 

Ewropeaidd?”.

 

(6)    

Every power of a Minister of the Crown to make an order under this section shall

 

be exercisable by statutory instrument.

 

(7)    

An order under this section may be made only if a draft of the order has been—

 

(a)    

laid before Parliament; and

 

(b)    

approved by a resolution of each House.’.

 


 

Sunset

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

NC16

 

To move the following Clause:—

 

‘(1)    

This Act shall cease to have effect one year after its commencement unless before

 

that time a referendum shall have been carried in the affirmative on the question

 

“Should the United Kingdom remain in the European Union?”.

 

(2)    

A Minister of the Crown may by order make provision in relation to the

 

referendum which—

 

(a)    

determines the referendum period for the purposes of Part 7 of the

 

Political Parties, Elections and Referendums Act 2000 (c. 41); and

 

(b)    

requires ballot papers to be used by voters in Wales, having set out the

 

question and the possible answers in English, to set them out again, with

 

prominence, in Welsh.

 

(c)    

makes provisions as to the conduct of the referendum, entitlement to vote

 

in the referendum and legal challenge to the referendum result.

 

(3)    

The question in Welsh is “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

 

Ewropeaidd?”.

 

(4)    

Every power of a Minister of the Crown to make an order under this section shall

 

be exercisable by statutory instrument.

 

(5)    

An order under this section may be made only if a draft of the order has been—

 

(a)    

laid before Parliament; and

 

(b)    

approved by a resolution of each House.’.

 



 
 

Committee of the whole House: 3rd March 2008            

1383

 

European Union (Amendment) Bill, continued

 
 

Revocation

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

NC17

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall have power to revoke this Act if a duty to revoke this

 

Act arises under subsection (2).

 

(2)    

The Secretary of State shall have a duty to revoke this Act if he concludes that

 

public opinion in the United Kingdom does not support continued membership of

 

the European Union.

 

(3)    

The Secretary of State must conclude that public opinion in the United Kingdom

 

does not support continued membership of the European Union unless a

 

referendum has answered in the affirmative the question “Should the United

 

Kingdom remain in the European Union?”.

 

(4)    

The Secretary of State may not conclude that public opinion in the United

 

Kingdom does not support continued membership of the European Union except

 

under subsection (3).

 

(5)    

A Minister of the Crown may by order make provision in relation to the

 

referendum which—

 

(a)    

determines the referendum period for the purposes of Part 7 of the

 

Political Parties, Elections and Referendums Act 2000 (c. 41); and

 

(b)    

requires the ballot papers to be used by voters in Wales, having set out

 

the question and the possible answers in English, to set them out again,

 

with prominence, in Welsh.

 

(c)    

makes provision as to the conduct of the referendum, entitlement to vote

 

in the referendum and legal challenge to the referendum result.

 

(6)    

The question in Welsh is “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

 

Ewropeaidd?”.

 

(7)    

Every power of a Minister of the Crown to make an order under this section shall

 

be exercisable by statutory instrument.

 

(8)    

An order under this section may be made only if a draft of the order has been—

 

(a)    

laid before Parliament; and

 

(b)    

approved by a resolution of each House.’.

 


 

new schedules

 

Mr William Cash

 

Mr John Redwood

 

Mr Iain Duncan Smith

 

Mr Bernard Jenkin

 

Mr Richard Shepherd

 

Sir Nicholas Winterton

 

NS1

 

To move the following Schedule:—


 
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