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1429

 

House of Commons

 
 

Wednesday 5th March 2008

 

Committee of the whole House

 

European Union (Amendment) Bill


 

Note

 

The Amendments have been arranged in accordance with the Orders of the House

 

[28th January and 3rd March 2008].

 

 


 

Day 11

 

          (1) Remaining proceedings on Clause 8, and

 

                (2) New Clauses and New Schedules

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

291

 

Clause  8,  page  4,  line  7,  at end insert—

 

‘(2A)    

Section [Sunset] comes into force on Royal Assent.’.

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

292

 

Clause  8,  page  4,  line  7,  at end insert—

 

‘(2ZA)    

Section [Revocation] comes into force on Royal Assent.’.


 
 

Committee of the whole House: 5th March 2008            

1430

 

European Union (Amendment) Bill, continued

 
 

Mr Ian Davidson

 

Kelvin Hopkins

 

Mr Nigel Dodds

 

Dr Richard Taylor

 

Mrs Gwyneth Dunwoody

 

Jon Cruddas

 

Kate Hoey

 

285

 

Clause  8,  page  4,  leave out line 8 and insert—

 

‘(2A)    

Section [Referendum on the Treaty of Lisbon] and Schedule [Conduct of the

 

Referendum] come into force on Royal Assent.

 

(2B)    

The other provisions of this Act come into force if affirmative answers have been

 

given to both of the questions asked in a referendum held in accordance with

 

section [Referendum on the Treaty of Lisbon] and Schedule [Conduct of the

 

Referendum] and any legal challenge made under that Schedule has been

 

disposed of by the court or courts in question.’.

 

Mr William Hague

 

Mr David Lidington

 

Mrs Cheryl Gillan

 

Mr Mark Francois

 

Mr David Evennett

 

293

 

Clause  8,  page  4,  leave out line 8 and insert—

 

‘(2A)    

Section [Referendum] comes into force on Royal Assent.

 

(2B)    

The other provisions of this Act come into force if an affirmative answer has been

 

given to the question asked in a referendum held in accordance with section

 

[Referendum] and any legal challenge made under an order made under that

 

section has been disposed of by the court or courts in question.’.

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

289

 

Clause  8,  page  4,  leave out line 8 and insert—

 

‘(2A)    

Section [Declaration by Secretary of State and Referendum] comes into force on

 

Royal Assent.

 

(2B)    

The other provisions of this Act come into force when the Secretary of State

 

makes a declaration as referred to in [Declaration by Secretary of State and

 

Referendum].’.

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

290

 

Clause  8,  page  4,  leave out line 8 and insert—

 

‘(2A)    

Section [Declaration by Secretary of State, Resolution by House of Commons and

 

Referendum] comes into force on Royal Assent.


 
 

Committee of the whole House: 5th March 2008            

1431

 

European Union (Amendment) Bill, continued

 
 

(2B)    

The other provisions of this Act come into force when the Secretary of State

 

makes a declaration as referred to in section [Declaration by Secretary of State,

 

Resolution by House of Commons and Referendum] and the House of Commons

 

has passed a resolution as referred to in the same section.’.

 

Mr Ian Davidson

 

David Taylor

 

Mr David Drew

 

Kelvin Hopkins

 

Mr Roger Godsiff

 

John McDonnell

 

Kate Hoey

 

296

 

Clause  8,  page  4,  leave out line 8 and insert—

 

‘(2A)    

Section [Referendum on the Treaty of Lisbon (No. 2)] and Schedule [Conduct of

 

the Referendum (No. 2)] come into force on Royal Assent.

 

(2B)    

The other provisions of this Act come into force if an affirmative answer has been

 

given to the question specified in section [Referendum on the Treaty of Lisbon

 

(No. 2)] in a referendum held in accordance with that section and Schedule

 

[Conduct of the Referendum (No. 2)] and any legal challenge made under that

 

Schedule has been disposed of by the court or courts in question.’.

 

Mr Ian Davidson

 

Ms Gisela Stuart

 

Mr David Drew

 

Jon Trickett

 

Colin Burgon

 

David Taylor

 

John McDonnell

 

Kate Hoey

 

297

 

Clause  8,  page  4,  leave out line 8 and insert—

 

‘(2A)    

Section [Referendum on the Treaty of Lisbon (No. 3)] and Schedule [Conduct of

 

the Referendum No. 2] come into force on Royal Assent.

 

(2B)    

The other provisions of this Act come into force if an affirmative answer has been

 

given to the question asked in a referendum held in accordance with section

 

[Referendum on the Treaty of Lisbon (No. 3)] and Schedule [Conduct of the

 

Referendum (No. 2)] and any legal challenge made under that Schedule has been

 

disposed of by the court or courts in question.’.

 

Mr William Cash

 

Mr John Redwood

 

Mr Iain Duncan Smith

 

Mr Bernard Jenkin

 

Mr Richard Shepherd

 

Sir Nicholas Winterton

 

63

 

Clause  8,  page  4,  line  8,  leave out ‘on Royal Assent’ and add ‘only if an affirmative

 

answer has been given to a referendum held in accordance with Schedules (Referendum

 

on the Treaty of Lisbon) and (Conduct of the Referendum) (which shall have effect) and

 

any legal challenge made under paragraph 3 of Schedule (Referendum on the Treaty of

 

Lisbon) has been disposed of by the court or courts in question’.


 
 

Committee of the whole House: 5th March 2008            

1432

 

European Union (Amendment) Bill, continued

 
 

Mr William Hague

 

Mr David Lidington

 

Mr Mark Francois

 

Mr David Evenett

 

218

 

Page  4,  line  1,  leave out Clause 8.

 


 

New Clauses

 

Referendum

 

Mr William Hague

 

Mr David Lidington

 

Mrs Cheryl Gillan

 

Mr Mark Francois

 

Mr David Evennett

 

Mr Greg Knight

 

NC1

 

To move the following Clause:—

 

‘(1)    

A referendum shall be held throughout the United Kingdom and Gibraltar on the

 

day specified by an order made by a Minister of the Crown.

 

(2)    

The question to be asked in the referendum is—

 

    

“Should the United Kingdom approve the Lisbon Treaty?”

5

(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, after having set out

10

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

 

with equal 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—

15

    

“A ddylai’r Deyrnas Gyfunol gymeradwyo Cyfundeb Lisbon?”

 

(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

20

(b)    

approved by a resolution of each House.

 

(7)    

The Secretary of State may by order made by statutory instrument bring the

 

provisions of this Act into force provided that a majority of votes in the

 

referendum shall have been cast in favour of approving the Lisbon Treaty.’.

 

As Amendments to Mr William Hague’s proposed New Clause (Referendum)

 

(NC1):—


 
 

Committee of the whole House: 5th March 2008            

1433

 

European Union (Amendment) Bill, continued

 
 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

(a)

 

Leave out line 4 and insert ‘ “Should the United Kingdom remain in the European

 

Union?” ’.

 

Mr Nick Clegg

 

Dr Vincent Cable

 

Mr Edward Davey

 

David Howarth

 

Simon Hughes

 

Mr Paul Burstow

 

(b)

 

Leave out line 15 and insert ‘ “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

 

Ewropeaidd?” ’.

 


 

Commencement

 

Mr William Hague

 

Mr David Lidington

 

Mr Mark Francois

 

Mr David Evennett

 

NC2

 

To move the following Clause:—

 

‘The provisions of this Act come into force in accordance with section

 

[Referendum].’.

 


 

Common foreign and security policy

 

Mr William Hague

 

Mr David Lidington

 

Mr Mark Francois

 

Mr David Evennett

 

NC3

 

To move the following Clause:—

 

‘The Secretary of State shall, not later than 1st January 2009, lay before both

 

Houses of Parliament a report setting out the role and powers of the High

 

Representative and External Action Service and how they differ from those of the


 
 

Committee of the whole House: 5th March 2008            

1434

 

European Union (Amendment) Bill, continued

 
 

proposed Foreign Minister and External Action Service in the Treaty establishing

 

a Constitution for Europe.’.

 


 

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.’.

 



 
 

Committee of the whole House: 5th March 2008            

1435

 

European Union (Amendment) Bill, continued

 
 

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

 

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.’.

 



 
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