House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

1323

House of Commons

Notices of Amendments

given up to and including

Thursday 28th February 2008

Committee of the whole House

European Union (Amendment) Bill

Note

The Amendments have been arranged in accordance with the Order of the House

[28th January 2008].

Days 9 and 10

                        Clauses 3 to 7

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

39

Clause  3,  page  2,  leave out lines 12 and 13 and insert—

‘(c)
may be made only if a draft of the order has been—

(i)
laid before Parliament; and

(ii)
approved by a resolution of each House’.

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

55

Clause  3,  page  2,  line  14,  leave out subsection (6).

Notices of Amendments: 28th February 2008
1324

European Union (Amendment) Bill, continued

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

56

Clause  3,  page  2,  line  14,  leave out ‘or instrument made under an Act’.

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

57

Clause  3,  page  2,  line  15,  leave out ‘or instrument’.

Mr William Hague

Mr David Liddington

Mr Mark Francois

Mr David Evennett

294


Clause  4,  page  2,  line  21,  after ‘powers)’, insert ‘provided that, one year after the

entry into force of the Treaty of Lisbon and, for so long as such reports are laid annually

thereafter, Her Majesty’s Government lays before Parliament a report setting out the cases

in the preceding year where the position of the European Parliament and the Council

differed on a proposal, in a matter made subject to the procedure in Article 294 of the

Treaty on the Functioning of the European Union (formerly Article 251 of the Treaty

establishing the European Community) by the Treaty of Lisbon.’.

Mr William Hague

Mr David Liddington

Mr Mark Francois

Mr David Evennett

295


Clause  4,  page  2,  line  21,  at end insert ‘from the date upon which the European

Parliament takes a decision to have only one place of meeting in plenary session.’.

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

58

Page  2,  line  19,  leave out Clause 4.

Notices of Amendments: 28th February 2008
1325

European Union (Amendment) Bill, continued

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

40

Clause  5,  page  2,  line  24,  after ‘Parliament’, insert ‘and endorsed in a national

referendum’.

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

59

Clause  5,  page  2,  line  37,  at end add—

‘(4)
Condition 3 is that where the treaty proposes to confer further competences on the

European Union requiring amendment of United Kingdom law or governance of

the United Kingdom in any material respect, that treaty shall be submitted to a

referendum as if it were a referendum under this Act.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

48

Clause  6,  page  2,  line  39,  leave out subsection (1) and insert—

‘(1A)
A Minister of the Crown shall vote against or otherwise reject a proposed decision

in the European Council or the Council to be taken by unanimity that would or

could create obligations on the United Kingdom, unless Parliamentary approval

for the decision has been given in accordance with this section.

(1B)
A Minister of the Crown shall vote against or otherwise reject a proposed decision

in the European Council or the Council in an area made subject to qualified

majority voting by the Treaty of Lisbon, and which would or could create

obligations on the United Kingdom, unless Parliamentary approval for the

decision has been given in accordance with this section.

(1C)
Any decision adopted by the European Council or the Council by unanimity, or

in an area made subject to qualified majority voting by the Treaty of Lisbon, shall

not create an enforceable European Union right, European Union obligation or an

object of the European Union for the purposes of section 2 of the European

Communities Act 1972 if Parliamentary approval was not given for a Minister of

the Crown to support that decision in accordance with this section.

(1D)
This section shall apply notwithstanding section 2 of the European Communities

Act 1972.

(1E)
In this section, “the European Council” means that European Union institution

founded on Article 15 of the Treaty on European Union, and “the Council” means

that European Union institution founded on Article 16 of the Treaty on European

Union.’.

Notices of Amendments: 28th February 2008
1326

European Union (Amendment) Bill, continued

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

47

Clause  6,  page  2,  line  39,  leave out ‘may not vote in favour of or otherwise support’

and insert ‘shall vote against or otherwise reject’.

Jon Trickett

Colin Burgon

Jon Cruddas

Kelvin Hopkins

286

Clause  6,  page  2,  line  39,  at end insert—

‘( )
The Prime Minister may not attend a meeting of the European Council without

having laid before Parliament a statement on their negotiating mandate and

receiving Parliamentary approval in accordance with subsection ( ).

( )
A Minister of the Crown may not attend a meeting of any configuration of the

Council (within the meaning of Article 9C of the Treaty on European Union)

without having laid before Parliament a statement on their negotiating mandate

and receiving Parliamentary approval in accordance with subsection ( ).

( )
A Minister of the Crown may not vote in favour of or otherwise support any

legislative measure under any article of the Treaty on European Union or the

Treaty on the Functioning of the European Union that relates to the internal

market, if it applies to, or could be applied in relation to, any of the following,

unless Parliamentary approval has been given in accordance with this section:

(a)
health services provided by any NHS body,

(b)
the statutory system of public education,

(c)
social housing,

(d)
postal services,

(e)
public transport.

( )
A Minister of the Crown may not vote either in favour of or against or otherwise

support or oppose any legislative measure under Article 153 of the Treaty on the

Functioning of the European Union, unless Parliamentary approval has been

given in accordance with this section.

( )
A Minister of the Crown may not authorise any person to represent the United

Kingdom at a meeting of the special committee to assist the Commission in

negotiating agreements with international organisations or third countries

established in Article 188C of the Treaty on the Functioning of the European

Union without having laid before Parliament a statement on their negotiating

mandate; and where any person represents the United Kingdom at such a meeting,

the Secretary of State shall lay before Parliament a statement on the matters

discussed at the meeting, the positions taken by all persons representing the

United Kingdom and the outcomes of the meeting, within 30 days of the meeting

taking place.’.

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

18

Clause  6,  page  2,  line  40,  leave out from ‘following’ to end of line 41.

Notices of Amendments: 28th February 2008
1327

European Union (Amendment) Bill, continued

Jeremy Corbyn

Jon Trickett

Mrs Ann Cryer

Ms Katy Clark

John McDonnell

Ms Diane Abbott

244

Clause  6,  page  3,  line  4,  at end insert ‘and that in relation to Chapter 2, Section 1,

part 27(a) 2 of the Treaty of Lisbon, member states should not newly enter into bilateral

defence agreements with non-member states when agreements have foreign and security

implications affecting the Union as a whole.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

42

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

‘( )
The provision of Article 82(2)(d) of the Treaty on the Functioning of the

European Union that permits the addition of new aspects of criminal procedure to

those which may be the subject of directives decided by qualified majority

voting.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

43

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

‘( )
The provision of Article 83(1) of the Treaty on the Functioning of the European

Union that permits the addition of new areas of crime which may be the subject

of directives decided by qualified majority voting.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

44

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

‘( )
The provision of Article 86(1) of the Treaty on the Functioning of the European

Union that permits the creation of a European Public Prosecutor.’.

Mr David Heathcoat-Amory

Mr Peter Bone

Mr William Cash

Mr Richard Shepherd

45

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

‘( )
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.’.

Notices of Amendments: 28th February 2008
1328

European Union (Amendment) Bill, continued

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

Kelvin Hopkins

John McDonnell

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.’.

Mr Michael Meacher

283

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

Notices of Amendments: 28th February 2008
1329

European Union (Amendment) Bill, continued

of the European Union that relates to, that sets a target for reducing carbon

dioxide emissions from the European Union if it appears to him that the target is

not compatible preventing global average temperatures from rising more than 2

degrees Celsius above pre-industrial levels, unless Parliamentary approval has

been given in accordance with this section.

(1B)
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, that sets a target for reducing carbon

dioxide emissions from the European Union if emissions unless international

aviation and shipping are included in the target, unless Parliamentary approval

has been granted in accordance with this section.’.

Mr David Drew

Mr Ian Davidson

Kate Hoey

Mr Frank Field

Mr Gregory Campbell

284

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 liberalisation of postal services unless Parliamentary

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

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’.