House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Committee of the whole House: 25th February 2008
1224

European Union (Amendment) Bill, continued

(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.’.

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.’.

Committee of the whole House: 25th February 2008
1225

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: 25th February 2008
1226

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: 25th February 2008
1227

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: 25th February 2008
1228

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.’.

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

(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 prominence, in Welsh.

      (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 paragraph

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.

Entitlement to vote in the referendum

2    (1)
Subject to subparagraph (2), a person is entitled to vote in the referendum, if

on the day it is held, he has—

(a)
an individual who would be entitled to vote as an elector at a

parliamentary election in a constituency in the United Kingdom;

(b)
a peer who would be entitled to vote as an elector at a local goverment

election in an electoral area in Great Britain or at a local election in an

electoral area in Northern Ireland;

(c)
a peer who, by virtue of section 3 of the Representation of the People

Act 1985 (c.50) (peers resident outside the United Kingdom), would

be entitled to vote as an elector at a European Parliamentary election

in an electoral region; or

Committee of the whole House: 25th February 2008
1229

European Union (Amendment) Bill, continued

(d)
a Commonwealth citizen who would be entitled to vote in Gibraltar as

an elector at a European Parliamentary election in the combined

electoral region in which Gibraltar is comprised.

      (2)
A Minister of the Crown may by order made by statutory instrument make

provision for the purposes of subparagraph (1) for disregarding alterations

made after a specified date in a register of electors.

      (3)
An order under subparagraph (2) may—

(a)
apply or incorporate, with or without modification, any provision of

any enactment or subordinate legislation relating to elections;

(b)
make different provision for different cases;

(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.

      (4)
An order under subparagraph (2) 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.

      (5)
In subparagraph (1)—

“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 coucil is

held in Northern Ireland under section 11 of the Electoral Law

Act (Northern Ireland) 1962 (c.14);

“electoral region” means an electoral region mentioned in section 1(2) od

the European Parliamentary Elections Act 2002 (c.24);

“European Parliamentary election” means an election of a representative

to the European Parliament.

Legal challenge to the referendum result

3    (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 counting officer,


unless the proceedings are brought in accodance 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;

(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.

Committee of the whole House: 25th February 2008
1230

European Union (Amendment) Bill, continued

      (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 paragraph “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 cast in the referendum; or

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

given.’.

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

NS2

To move the following Schedule:—

‘Conduct of the Referendum

Introductory

1    (1)
In this Schedule “the 2000 Act” means the Political Parties, Elections and

Referendums Act 2000 (c. 41).

      (2)
Expressions used in this Schedule and in Part 7 of the 2000 Act have the same

meanings in this Schedule as in that Part.

Encouraging voting

2
The Electoral Commission may do anything they think necessary or expedient

for the purpose of encouraging voting at the referendum.

3    (1)
For the purpose of encouraging voting at the referendum the Electoral

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

impartial 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.