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Committee of the whole House: 5th March 2008            

1450

 

European Union (Amendment) Bill, continued

 
 

(b)    

approved by a resolution of each House.

 

      (5)  

In subsection (1)(b) “electoral area” means—

 

(a)    

an electoral division or ward (or, in the case of a parish or community

 

in which there are no wards, the parish or community) for which an

 

election of councillors is held in England and Wales under the Local

 

Government Act 1972 (c. 70);

 

(b)    

an electoral ward for which an election of councillors is held in

 

Scotland under the Local Government etc. (Scotland) Act 1994 (c.

 

39); or

 

(c)    

an area for which an election of members of a district council is held

 

in Northern Ireland under section 11 of the Electoral Law Act

 

(Northern Ireland) 1962 (c. 14).

 

Encouraging voting

 

17         

The Electoral Commission may do anything they think necessary or expedient

 

for the purpose of encouraging voting at the referendum.

 

18  (1)  

For the purpose of encouraging voting at the referendum the Electoral

 

Commission may, in particular, direct each counting officer to provide such

 

information as may be specified in the direction to every person who is

 

entitled, in the referendum, to vote in the counting officer’s voting area.

 

      (2)  

A direction under this paragraph may also include requirements as to the form

 

and manner in which the information is to be sent.

 

      (3)  

A direction under this paragraph may not require the inclusion of additional

 

information in a document or part of a document the form of which is

 

prescribed by or under any enactment.

 

      (4)  

In subparagraph (1) “voting area”, in relation to a counting officer, means—

 

(a)    

in the case of a counting officer appointed for a relevant area in Great

 

Britain, that area;

 

(b)    

in the case of the Chief Electoral Officer for Northern Ireland in his

 

capacity as a counting officer, Northern Ireland; and

 

(c)    

in the case of a counting officer for Gibraltar, Gibraltar.

 

Provision of information to voters

 

19  (1)  

This paragraph applies if the Electoral Commission have not, before the

 

appropriate day, designated an organisation under section 108 of the 2000 Act

 

(organisations to whom assistance is available under section 110 of that Act)

 

in relation to each possible outcome of the referendum.

 

      (2)  

The Electoral Commission may take such steps as they think appropriate to

 

provide such information for persons entitled to vote in the referendum as the

 

Commission think is likely to promote awareness among those persons about

 

the arguments for each answer to the referendum question.

 

      (3)  

In this paragraph “the appropriate day” means—

 

(a)    

the day specified for the purposes of this paragraph in an order under

 

subsection (6) of section 109 of the 2000 Act;

 

(b)    

if no such order is made and one or more applications under that

 

section are made in relation to each possible outcome of the

 

referendum before the 29th day of the referendum period, the 43rd day

 

of the referendum period; and

 

(c)    

in any other case in which no such order is made, the 29th day of the

 

referendum period.

 

      (4)  

Information provided in pursuance of this paragraph must be provided by

 

whatever means the Electoral Commission think is most likely to secure (in the


 
 

Committee of the whole House: 5th March 2008            

1451

 

European Union (Amendment) Bill, continued

 
 

most cost-effective way) that the information comes to the notice of everyone

 

entitled to vote in the referendum.

 

Combination of polls

 

20  (1)  

A Minister of the Crown may by order make provision for, or in connection

 

with, the combination of polls at the referendum with those at another

 

referendum.

 

      (2)  

An order under this paragraph may include provision creating criminal

 

offences.

 

Payment of the charges and expenses of relevant officers by the Electoral Commission

 

21  (1)  

A Minister of the Crown may by order make provision for the payment by the

 

Electoral Commission of any of the following—

 

(a)    

the charges in respect of services properly rendered, or expenses

 

properly incurred, in connection with the referendum by a relevant

 

officer; and

 

(b)    

the sum equal to any increase in the superannuation contributions

 

required to be paid by a local authority in respect of a person in

 

consequences of a fee paid as part of those charges.

 

      (2)  

The order may include provision as to—

 

(a)    

the services and expenses, or descriptions of services and expenses, in

 

respect of which payment may be made;

 

(b)    

the maximum amount to be paid or reimbursed in respect of such

 

services and expenses, or descriptions of services and expenses;

 

(c)    

payments in advance; and

 

(d)    

accounts to be submitted.

 

      (3)  

Before making an order under this paragraph, the Minister in question must

 

consult the Electoral Commission.

 

      (4)  

The consent of the Treasury is required for the making of an order under this

 

paragraph.

 

      (5)  

In this paragraph “relevant officer” means—

 

(a)    

a counting officer; or

 

(b)    

a person appointed by the Chief Counting Officer or a counting officer

 

to discharge all or any of his functions.

 

Accounts relating to expenditure under paragraph 6

 

22  (1)  

As soon as reasonably practicable after the holding of the referendum the

 

accounting officer of the Electoral Commission must—

 

(a)    

prepare and sign an account of the payments made by the Commission

 

in accordance with an order under paragraph 6; and

 

(b)    

submit a copy of the account, as signed, to the Comptroller and

 

Auditor General.

 

      (2)  

The account must be in such form as the Treasury direct and must set out—

 

(a)    

the aggregate amount of charges and expenses falling within

 

subparagraph 6(1)(a) in respect of which those payments have been

 

made; and

 

(b)    

the aggregate amount of sums falling within paragraph 6(1)(b) in

 

respect of which they have been made.

 

      (3)  

The Comptroller and Auditor General must—


 
 

Committee of the whole House: 5th March 2008            

1452

 

European Union (Amendment) Bill, continued

 
 

(a)    

examine and certify the account submitted to him under this

 

paragraph; and

 

(b)    

lay a copy of the account, as certified, and of his report on it before

 

each House of Parliament.

 

Gibraltar

 

23  (1)  

A Minister of the Crown may by order make such provision as he considers

 

appropriate for the purposes of, or in connection with, one or both of the

 

following

 

(a)    

the holding of the referendum in Gibraltar; and

 

(b)    

the regulation there of the conduct of the referendum.

 

      (2)  

The provision that may be included in an order under this paragraph includes,

 

in particular—

 

(a)    

provision about any matter as respects which the Political Parties,

 

Elections and Referendums Act 2000 (c.41) makes provision for the

 

United Kingdom in connection with referendums;

 

(b)    

provision for applying any provision made under section 7(2) to

 

Gibraltar with modifications;

 

(c)    

provisions about donations to political parties and others who

 

campaign, or are proposing to campaign, for one or other of the

 

possible outcomes to the referendum;

 

(d)    

provision imposing obligations in relation to the referendum on the

 

providers of programme services;

 

(e)    

provision conferring functions in relation to the referendum on any

 

public authority in Gibraltar that is responsible for regulating those

 

providers;

 

(f)    

provision conferring jurisdiction on courts in Gibraltar that are

 

specified in the order or which are determined in the manner so

 

specified;

 

(g)    

provision conferring jurisdiction in relation to matters arising in

 

Gibraltar on courts in the United Kingdom;

 

(h)    

provision for expenses incurred by specified persons in accordance

 

with the order to be charged on and paid out of the Consolidated Fund.

 

      (3)  

Before making an order under this paragraph the Minister in question must

 

consult both—

 

(a)    

the Government of Gibraltar; and

 

(b)    

the Electoral Commission.

 

      (4)  

An order under this paragraph may—

 

(a)    

provide for conduct to constitute a criminal offence under the law of

 

Gibraltar;

 

(b)    

extend and apply to Gibraltar, with or without modification, the

 

provisions of any enactment or subordinate legislation relating to any

 

matter mentioned in sub-paragraph (2);

 

(c)    

modify any such enactment or subordinate legislation (including any

 

imposing criminal liability) so far as it has effect in relation to any part

 

of the United Kingdom;

 

(d)    

modify or apply or incorporate, with or without modification, the

 

provisions of any legislation in force in Gibraltar relating to elections

 

or referendums or to any such matter.

 

      (5)  

The capacity of the Gibraltar legislature to make law in relation to any matter

 

in relation to which provision may be made under this paragraph is not affected

 

by the existence of the power conferred by this paragraph.


 
 

Committee of the whole House: 5th March 2008            

1453

 

European Union (Amendment) Bill, continued

 
 

      (6)  

But sub-paragraph (5) is not to be construed as restricting the operation in

 

relation to a law made by the Gibraltar legislature of the Colonial Laws

 

Validity Act 1865 (c.63) (under which colonial laws are void if repugnant to

 

provisions made under an Act of Parliament).

 

Legal challenge to the referendum result

 

12  (1)  

No court may entertain any proceedings for questioning the number of ballot

 

papers counted or votes cast in the referendum, as certified—

 

(a)    

by the Chief Counting Officer, or

 

(b)    

by a counting officer,

 

            

unless the proceedings are brought in accordance with this section.

 

      (2)  

The proceedings may be brought—

 

(a)    

in England and Wales, only by a claim for judicial review;

 

(b)    

in Scotland, only by a petition for judicial review;

 

(c)    

in Northern Ireland, only by an application for judicial review; or

 

(d)    

in Gibraltar, only by a claim for judicial review.

 

      (3)  

The court in England and Wales or Gibraltar must not give permission for a

 

claim unless the claim form is filed before the end of the permitted period.

 

      (4)  

The court in Scotland must refuse a petition unless it is lodged before the end

 

of the permitted period.

 

      (5)  

The court in Northern Ireland must refuse an application for leave to apply for

 

judicial review unless it is lodged before the end of the permitted period.

 

      (6)  

In this section “the permitted period” means the period of six weeks starting

 

with—

 

(a)    

the date on which the Chief Counting Officer (or as the case may be)

 

the counting officer gives a certificate as to the number of ballot papers

 

counted and votes case in the referendum; or

 

(b)    

if he gives more than one such certificate, the date of the last to be

 

given.

 

Supplementary provision

 

13         

This Act does not affect the power of the Secretary of State to make provision

 

under section 129 of the 2000 Act (orders regulating the conduct of

 

referendums) for or in connection with the referendum.

 

14         

Section 126 of the 2000 Act (identification of promoter and publisher of

 

referendum materials) does not apply to any material published for the

 

purposes of the referendum if the publication is required under or by virtue of

 

an order under section 129 of that Act.

 

Orders under this Schedule

 

15  (1)  

Every power to make an order under this Schedule shall be exercisable by

 

statutory instrument.

 

      (2)  

An order under paragraph 5 or 8 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.

 

      (3)  

An order under this Schedule may—

 

(a)    

apply or incorporate, with or without modification, the provision of an

 

enactment or subordinate legislation relating to donations, elections or

 

referendums;


 
 

Committee of the whole House: 5th March 2008            

1454

 

European Union (Amendment) Bill, continued

 
 

(b)    

make different provision for different cases, including different

 

provision for different parts of the United Kingdom and different

 

provision for Gibraltar;

 

(c)    

make provision subject to such exemptions and exceptions as the

 

Minister making the order thinks fit; and

 

(d)    

make such incidental, supplemental, consequential and transitional

 

provision as that Minister thinks fit.

 

Interpretation of Schedule

 

16  (1)  

In this Schedule—

 

“donation” means anything which is or corresponds to a donation within the

 

meaning of Part 4 of the Political Parties, Elections and Referendums Act

 

2000 (c. 41); and “programme services” means any services which would

 

be programme services within the meaning of the Broadcasting Act 1990

 

(c. 42) if Gibraltar were part of the United Kingdom.’.

 

 

Orders of the House [28th and 29th JANUARY,

 

6th, 20th, 25th, 26th and 27th february AND 3rd MARCH 2008]

 

That the following provisions shall have effect.

 

    

 

(1)    

In this Order, ‘allotted day’ means a day on which the business

 

includes—

 

(a)    

a motion in the name of a Minister of the Crown to approve

 

the Government’s policy towards the Treaty of Lisbon in

 

respect of specified matters,

 

(b)    

proceedings on the European Union (Amendment) Bill, or

 

(c)    

a motion to vary or supplement this Order.

 

(2)    

On an allotted day proceedings shall be taken in accordance with the

 

Table.

 

(3)    

Standing Orders Nos. 83D and 83E (Programme orders: conclusion

 

of proceedings) and 83I (Programme orders: supplementary

 

provisions) shall apply to proceedings to which this Order applies as

 

if they were subject to a programme order.

 

(4)    

On an allotted day no debate under S.O. No. 24 (emergency debates)

 

may take place until after the conclusion of proceedings specified in

 

the Table.

 

(5)    

The rule of the House against anticipation shall not apply to

 

proceedings specified in the Table.

 

(6)    

If a Minister of the Crown moves a motion to vary or supplement this

 

Order (including, in particular, so as to make provision about Lords

 

Messages)—

 

(a)    

if the amendment does not reduce the amount of time

 

allotted overall to consideration of matters connected with

 

the Treaty of Lisbon, the Question shall be put forthwith, and

 

(b)    

otherwise, proceedings on the motion shall be brought to a

 

conclusion not later than three-quarters of an hour after

 

commencement


 
 

Committee of the whole House: 5th March 2008            

1455

 

European Union (Amendment) Bill, continued

 
 

TABLE

 

Allotted



 
 

day

Proceedings

Latest time for conclusion

 
 

1

(A) Motion—‘That this House approves the

3½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning the

  
  

following matters: fighting cross-border

  
  

crime; justice; policing; human trafficking;

  
  

and asylum and migration policy.’

  
  

(B) Committee on the Bill: any selected

2½ hours after

 
  

amendments to Clause 1 and the Question,

commencement

 
  

That Clause 1 stand part of the Bill; any

  
  

selected amendments to Clause 2 relating to

  
  

the matters specified in paragraph (A).

  
 

2

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

energy.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to energy.

commencement

 
 

3

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

human rights.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to human

commencement

 
  

rights.

  
 

4

(A) Motion—‘That this House approves the

3 hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning the

  
  

single market.’

  
  

(B) Committee on the Bill—any selected

3 hours after

 
  

amendments to Clause 2 relating to the single

commencement

 
  

market.

  
 

5

(A) Motion—‘That this House approves the

3 hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

foreign, security and defence policy.’

  
  

(B) Committee on the Bill—any selected

3 hours after

 
  

amendments to Clause 2 relating to foreign,

commencement

 
  

security and defence policy.

  
 

6

(A) Motion—‘That this House approves the

4 hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

international development.’

  
  

(B) Committee on the Bill—any selected

2 hours after

 
  

amendments to Clause 2 relating to

commencement

 
  

international development.

  
 

7

(A) Motion—‘That this House approves the

3½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning the

  
  

effectiveness of the EU institutions and EU

  
  

decision-making.’

  
  

(B) Committee on the Bill—any selected

2½ hours after

 
  

amendments to Clause 2 relating to the

commencement

 
  

matters specified in paragraph (A).

  
 

8

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

climate change.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to climate

commencement

 
  

change, remaining amendments to Clause 2

  
  

and the Question, That Clause 2 stand part of

  
  

the Bill.

  
 

9

Committee on the Bill—Clause 3, the

6 hours after

 
  

Schedule, and Clauses 4 and 5.

commencement

 
 

10

Committee on the Bill—Clauses 6 and 7, and

6 hours after

 
  

any selected amendments to Clause 8 other

commencement

 
  

than those making commencement contingent

  
  

on a referendum.

  
 

11

Committee on the Bill—


 
  

(1) remaining proceedings on Clause 8, and

(1) 6 hours after

 
   

commencement

 
  

(2) New Clauses and New Schedules.

(2) 15 minutes after

 
   

commencement

 
 

12

Remaining proceedings on the Bill.

6 hours after

 
   

commencement

 

 
 

Committee of the whole House: 5th March 2008            

1456

 

European Union (Amendment) Bill, continued

 
 


 
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