Committee of the whole House: 26th February 2008

1283

European Union (Amendment) Bill, continued

(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 subparagraph (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.

(6)	But subparagraph (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

provision made under an Act of Parliament).

Supplementary provision

9	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.

10	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

11  (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;

(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.

Committee of the whole House: 26th February 2008

1284

European Union (Amendment) Bill, continued

Interpretation of Schedule

12  (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 2008]

That the following provisions shall have effect.

(1)	In this Order, ‘allotted day’ means a day on which the first business

is—

(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

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	4½ 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	1½ hours after
		amendments to Clause 2 relating to the single	commencement
		market.
	5	(A) Motion—‘That this House approves the	4½ 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	1½ hours after
		amendments to Clause 2 relating to foreign,	commencement
		security and defence policy.
	6	(A) Motion—‘That this House approves the	4½ 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	1½ hours after
		amendments to Clause 2 relating to	commencement
		international development.
	7	(A) Motion—‘That this House approves the	4½ 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	1½ 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—Clauses 3 to 7.
	10	Committee on the Bill—Clauses 3 to 7, so far	The moment of
		as not completed on Allotted Day 9.	interruption
	11	Committee on the Bill—Clause 8, the	The moment of
		Schedule, New Clauses and New Schedules.	interruption
	12	Remaining proceedings on the Bill.	6 hours after
			commencement

Committee of the whole House: 26th February 2008

1285

European Union (Amendment) Bill, continued

Committee of the whole House: 26th February 2008

1286

European Union (Amendment) Bill, continued

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Mr David Heathcoat-Amory

276

Clause  2,  page  1,  line  12,  after ‘provision’, insert—

‘(i)	extending the use of qualified majority voting in the Council of

Ministers and the European Council; and

(ii)

’.

---

Revised 26 February 2008