Committee of the whole House: 30th January 2008

597

European Union (Amendment) Bill, continued

‘( )	The provision of Article 86(4) of the Treaty on the Functioning of the European

Union that permits the extension of the powers of the European Public

Prosecutor.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

46

Clause  6,  page  3,  line  20,  at end insert—

‘( )	The provision of Article 42(2) of the Treaty on the European Union that permits

the establishment of a common European Union defence.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

49

Clause  6,  page  3,  line  20,  at end insert—

‘(1A)

A Minister of the Crown may not commit the United Kingdom to new

obligations, or alter the obligations of the United Kingdom, under the following

provisions unless Parliamentary approval has been given in accordance with this

section—

(a)	Article 3 of the Protocol on the Position of the United Kingdom and

Ireland in respect of the area of freedom, security and justice, permitting

a notification of the wish to take part in the adoption of an act under the

EU’s area of freedom, security and justice,

(b)	Article 4 of the Protocol on the Position of the United Kingdom and

Ireland in respect of the area of freedom, security and justice, permitting

a notification of the wish to accept an act under the European Union’s

area of freedom, security and justice,

(c)	Article 329 of the Treaty on the Functioning of the European Union,

permitting a request to take part in enhanced cooperation,

(d)	Article 46 of the Treaty on European Union, permitting a notification of

the intention to participate in permanent structured co-operation, and

(e)	Article 10(5) of the Protocol on Transitional Provisions, permitting a

notification of the wish to participate in police and criminal justice

measures with full jurisdiction of the European Court of Justice.’.

Jon Trickett

Colin Burgon

Jon Cruddas

Frank Dobson

66

Clause  6,  page  3,  line  20,  at end insert—

‘(1A)

A Minister of the Crown may not vote in favour of or otherwise support a decision

under any article of the Treaty on European Union or Treaty on the Functioning

of the European Union that relates to, or in so far as it relates to or could be

applied in relation to, the provision of healthcare services by an NHS body unless

Parliamentary approval has been given in accordance with this section.’.

Committee of the whole House: 30th January 2008

598

European Union (Amendment) Bill, continued

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

19

Clause  6,  page  3,  leave out lines 21 to 35.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

50

Clause  6,  page  3,  leave out lines 21 to 25 and insert—

‘(2)	For the purposes of this section, Parliamentary approval is given if an Act of

Parliament authorises Her Majesty’s Government’s support for a specified

proposed decision.’.

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

20

Clause  6,  page  3,  line  21,  leave out from ‘given’ to end of line 35 and insert ‘by Act

of Parliament’.

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

Mr Edward Leigh

Philip Davies

Bob Spink

Mr Roger Gale

Mr David Wilshire

Angela Browning

Mr Nigel Evans

Daniel Kawczynski

Mr Peter Bone

Mr Philip Hollobone

Ann Winterton

Mr Christopher Chope

Sir Peter Tapsell

Mr David Heathcoat-Amory

60

Clause  6,  page  3,  line  25,  at end insert ‘, by a majority of not less than two-thirds of

those entitled to vote in each House’.

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

Mr Edward Leigh

Philip Davies

Bob Spink

Mr Roger Gale

Mr David Wilshire

Angela Browning

Mr Nigel Evans

Daniel Kawczynski

Mr Peter Bone

Mr Philip Hollobone

Ann Winterton

Mr Christopher Chope

Sir Peter Tapsell

Mr David Heathcoat-Amory

61

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

Committee of the whole House: 30th January 2008

599

European Union (Amendment) Bill, continued

‘(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

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’.

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’.

Committee of the whole House: 30th January 2008

600

European Union (Amendment) Bill, continued

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

Mr Edward Leigh

Philip Davies

Bob Spink

Mr Roger Gale

Mr David Wilshire

Angela Browning

Mr Nigel Evans

Daniel Kawczynski

Mr Peter Bone

Mr Philip Hollobone

Ann Winterton

Mr Christopher Chope

Sir Peter Tapsell

Mr David Heathcoat-Amory

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’.

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evenett

218

Page  4,  line  1,  leave out Clause 8.

Committee of the whole House: 30th January 2008

601

European Union (Amendment) Bill, continued

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: 30th January 2008

602

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: 30th January 2008

603

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

Mr Edward Leigh

Philip Davies

Bob Spink

Mr Roger Gale

Mr David Wilshire

Angela Browning

Mr Nigel Evans

Daniel Kawczynski

Mr Peter Bone

Mr Philip Hollobone

Ann Winterton

Mr Christopher Chope

Sir Peter Tapsell

Mr David Heathcoat-Amory

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.’.

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Revised 30 January 2008