House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 28th February 2008
1337

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

Notices of Amendments: 28th February 2008
1338

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.’.

Notices of Amendments: 28th February 2008
1339

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

Notices of Amendments: 28th February 2008
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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.’.

Referendum on the Treaty of Lisbon

Mr Ian Davidson

Kelvin Hopkins

Ann Winterton

Sir Nicholas Winterton

NC13

To move the following Clause:—

‘(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 provisions of Article 1, paragraph 58 of the Treaty of Lisbon, inserting

Article 49A of the Treaty on European Union, on withdrawal from the Union,

shall be implemented by the United Kingdom if a negative answer is given to the

question in subsection (5)(a), in which case no provision of this Act shall come

into force except for this section.

(3)
If an affirmative answer is given to the question in subsection (5)(a) then the

United Kingdom may not use the provisions referred to in subsection (2).

(4)
If an affirmative answer is given to the question in subsection (5)(a) but a negative

answer is given to the question in subsection (5)(b) then this Act shall not come

into force.

(5)
The question to be asked in the referendum are—

(a)
“Should the United Kingdom retain its membership of the European

Union?”

(b)
“If it remains a member of the European Union, should the United

Kingdom approve the Lisbon Treaty?”

(6)
The referendum shall be conducted in accordance with Schedule [Conduct of the

referendum].’.

Declaration by Secretary of State and Referendum

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

NC14


To move the following Clause:—

‘(1)
The Secretary of State may make a declaration that he has concluded that public

opinion supports continued United Kingdom membership of the European Union.

Notices of Amendments: 28th February 2008
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European Union (Amendment) Bill, continued

(2)
The Secretary of State may not make any declaration referred to in subsection (1)

unless a referendum has resulted in an affirmative answer to the question “Should

the United Kingdom remain in the European Union?”.

(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, having set out the

question and the possible answers in English, to set them out again, with

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 Unedig aros o fewn yr Undeb

Ewropeiadd?”.

(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.’.

Declaration by Secretary of State, Resolution by House of Commons, and Referendum

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

NC15


To move the following Clause:—

‘(1)
The Secretary of State may make a declaration that he has concluded that public

opinion supports continued United Kingdom membership of the European Union.

(2)
The Secretary of State may not make a declaration referred to in subsection (1)

unless a referendum has resulted in an affirmative answer to the question “Should

the United Kingdom remain in the European Union?” and, subsequent to the

referendum, the House of Commons has passed a resolution in the terms laid out

in subsection (3).

(3)
The terms of the resolution are: “That this House is satisfied that public opinion

in the United Kingdom supports continued membership of the European Union

and, consequently, this House approves the commencement of the European

Union (Amendment) Act 2008.”.

(4)
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, having set out the

question and the possible answers in English, to set them out again, with

prominence, in Welsh.

Notices of Amendments: 28th February 2008
1342

European Union (Amendment) Bill, continued

(c)
makes provision as to the conduct of the referendum, entitlement to vote

in the referendum and legal challenge to the referendum result.

(5)
The question in Welsh is “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

Ewropeaidd?”.

(6)
Every power of a Minister of the Crown to make an order under this section shall

be exercisable by statutory instrument.

(7)
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.’.

Sunset

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

NC16


To move the following Clause:—

‘(1)
This Act shall cease to have effect one year after its commencement unless before

that time a referendum shall have been carried in the affirmative on the question

“Should the United Kingdom remain in the European Union?”.

(2)
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, having set out the

question and the possible answers in English, to set them out again, with

prominence, in Welsh.

(c)
makes provisions as to the conduct of the referendum, entitlement to vote

in the referendum and legal challenge to the referendum result.

(3)
The question in Welsh is “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

Ewropeaidd?”.

(4)
Every power of a Minister of the Crown to make an order under this section shall

be exercisable by statutory instrument.

(5)
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.’.

Notices of Amendments: 28th February 2008
1343

European Union (Amendment) Bill, continued

Revocation

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

NC17


To move the following Clause:—

‘(1)
The Secretary of State shall have power to revoke this Act if a duty to revoke this

Act arises under subsection (2).

(2)
The Secretary of State shall have a duty to revoke this Act if he concludes that

public opinion in the United Kingdom does not support continued membership of

the European Union.

(3)
The Secretary of State must conclude that public opinion in the United Kingdom

does not support continued membership of the European Union unless a

referendum has answered in the affirmative the question “Should the United

Kingdom remain in the European Union?”.

(4)
The Secretary of State may not conclude that public opinion in the United

Kingdom does not support continued membership of the European Union except

under subsection (3).

(5)
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 the ballot papers to be used by voters in Wales, having set out

the question and the possible answers in English, to set them out again,

with 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.

(6)
The question in Welsh is “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

Ewropeaidd?”.

(7)
Every power of a Minister of the Crown to make an order under this section shall

be exercisable by statutory instrument.

(8)
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.’.

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:—