House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Committee of the whole House: 6th February 2008
804

European Union (Amendment) Bill, continued

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

61

Clause  6,  page  3,  line  25,  at end insert—

‘(2A)
No motion under subsection (2)(b) or (c) shall be made unless both the scrutiny

reserve resolution of the House of Commons of 17th November 1998 and the

scrutiny reserve resolution of the House of Lords of 6th December 1999 have

been fully complied with.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

41

Clause  6,  page  3,  leave out lines 26 to 35.

Jon Trickett

Colin Burgon

Jon Cruddas

Frank Dobson

Kelvin Hopkins

John McDonnell

67

Clause  6,  page  3,  line  43,  at end insert ‘, and

(c)
“NHS body” means—

(i)
a Strategic Health Authority;

(ii)
a Special Health Authority;

(iii)
a Local Health Board;

(iv)
a Primary Care Trust;

(v)
an NHS trust; or

(vi)
an NHS foundation trust.’.

Day 11

      Clause 8, the Schedule, New Clauses and New Schedules

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

22

Clause  8,  page  4,  line  8,  after ‘force’, leave out ‘on Royal Assent’ and add ‘when

Her Majesty’s Government has secured the deletion from the Treaty of Lisbon of all

changes to the Common Security and Foreign Policy made by that Treaty’.

Committee of the whole House: 6th February 2008
805

European Union (Amendment) Bill, continued

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

23

Clause  8,  page  4,  line  8,  after ‘force’, leave out ‘on Royal Assent’ and add ‘when

Her Majesty’s Government has reached agreement in the European Council that the

European Union President shall appear at least once a year before any select committee

for the time being having the functions of a European Scrutiny Committee to account for

the conduct of that office’.

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

24

Clause  8,  page  4,  line  8,  leave out ‘Royal Assent’ and add ‘the Government

publishing a report on—

(a)
the relationship between the Presidency of the EU Council and the EU

Secretariat; and

(b)
its interpretation of Article 1, paragraph 16, inserted Article 9B TEU,

paragraph 5 relating to the election and term of office of the President of

the European Council.’.

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 court or courts in question’.

Daniel Kawczynski

Sir Nicholas Winterton

Mr Peter Bone

Andrew Selous

64

Clause  8,  page  4,  line  8,  leave out ‘on Royal Assent’ and add ‘when Her Majesty’s

Government has secured the agreement of the European Council to a Declaration,

supplementary to the Preamble to the Treaty on European Union, that the Union is based

upon its Christian faith, heritage, culture and history’.

Dr Vincent Cable

Mr Edward Davey

Jo Swinson

Mr Jeremy Browne

236

Clause  8,  page  4,  line  8,  leave out ‘on Royal Assent’ and add ‘when arrangements

have been made for the Secretary of State to report to Parliament each year on the

operation and application of European Union competition policy according to the

principle set out in the Protocol on the Internal Market and Competition’.

Committee of the whole House: 6th February 2008
806

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

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?”

(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

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—


“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

(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.’.

Committee of the whole House: 6th February 2008
807

European Union (Amendment) Bill, continued

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

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.’.

Committee of the whole House: 6th February 2008
808

European Union (Amendment) Bill, continued

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

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

Committee of the whole House: 6th February 2008
809

European Union (Amendment) Bill, continued

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.’.

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.’.

Committee of the whole House: 6th February 2008
810

European Union (Amendment) Bill, continued

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

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.’.