Committee of the whole House: 5th March 2008

1436

European Union (Amendment) Bill, continued

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.’.

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;

Committee of the whole House: 5th March 2008

1437

European Union (Amendment) Bill, continued

(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

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

Mr Nigel Dodds

Dr Richard Taylor

Mrs Gwyneth Dunwoody

John McDonnell

Jon Cruddas

Kate Hoey

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—

Committee of the whole House: 5th March 2008

1438

European Union (Amendment) Bill, continued

(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.

(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.’.

Committee of the whole House: 5th March 2008

1439

European Union (Amendment) Bill, continued

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.

(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.’.

Committee of the whole House: 5th March 2008

1440

European Union (Amendment) Bill, continued

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.’.

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

Committee of the whole House: 5th March 2008

1441

European Union (Amendment) Bill, continued

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.’.

Referendum on the Treaty of Lisbon (No. 2)

Mr Ian Davidson

David Taylor

Mr David Drew

Kelvin Hopkins

Mr Roger Godsiff

John McDonnell

Kate Hoey

NC18

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)	This question shall be asked in the referendum—

“Should the United Kingdom approve the Lisbon Treaty?”

(3)	A Minister of the Crown may by order vary the wording of this question, or add

a supplementary question.

(4)	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: 5th March 2008

1442

European Union (Amendment) Bill, continued

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

Referendum (No. 2)].’.

Referendum on the Treaty of Lisbon (No. 3)

Mr Ian Davidson

Ms Gisela Stuart

Mr David Drew

Jon Trickett

Colin Burgon

David Taylor

Kate Hoey

NC19

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)	This question shall be asked in the referendum—

“Should the United Kingdom approve the Lisbon Treaty?”

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

referendum (No. 2)].’.

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:—

‘Referendum on the Treaty of Lisbon

Holding a referendum

1    (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 question to be asked in the referendum is—

      “Should the United Kingdom approve the Treaty of Lisbon?”

(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

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Revised 5 March 2008