1393

House of Commons

Tuesday 4th March 2008

Committee of the whole House

European Union (Amendment) Bill

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Note

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

[28th January 2008].

Day 10

  Clauses 6 and 7, and any selected amendments to Clause 8 other than

          those making commencement contingent on a referendum

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

Committee of the whole House: 4th March 2008

1394

European Union (Amendment) Bill, continued

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

Union.’.

Jon Trickett

Colin Burgon

Jon Cruddas

Kelvin Hopkins

Frank Dobson

Ms Katy Clark

Mr Peter Kilfoyle

Dr Ian Gibson

David Taylor

Mr David Hamilton

Mr David Drew

David Heyes

John McDonnell

Frank Cook

Kate Hoey

Mr Frank Field

Alan Simpson

Jeremy Corbyn

Mr Michael Meacher

Mr Lindsay Hoyle

Mr Paul Truswell

286

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

‘(A1)

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 this section.

(A2)	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 this section.

(A3)	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.

(A4)	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.

(A5)	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 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’

Committee of the whole House: 4th March 2008

1395

European Union (Amendment) Bill, continued

and insert ‘shall vote against or otherwise reject’.

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.

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.’.

Committee of the whole House: 4th March 2008

1396

European Union (Amendment) Bill, continued

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.’.

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—

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European Union (Amendment) Bill, continued

‘(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

of the European Union that sets a target for reducing carbon dioxide emissions

from the European Union if it appears to him that the target is not compatible with

preventing global average temperatures from rising more than two 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 sets a target for reducing carbon dioxide emissions

from the European Union 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.’.

Committee of the whole House: 4th March 2008

1398

European Union (Amendment) Bill, continued

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

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

61

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

‘(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

Kelvin Hopkins

John McDonnell

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.’.

Committee of the whole House: 4th March 2008

1399

European Union (Amendment) Bill, continued

Jon Trickett

Colin Burgon

Jon Cruddas

Kelvin Hopkins

287

Clause  6,  page  3,  line  43,  at end insert—

‘(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.

(d)	“The statutory system of public education” has the meaning defined by

the Education Act 1996 (c. 56).

(e)	“Social housing” means the provision of accommodation for rent by a

local housing authority (within the meaning of section 1 of the Housing

Act 1985 (c. 68)), a registered provider of social housing, a county

council, or a person controlled by a local housing authority or country

council.

(f)	“Postal services” means the service of conveying postal packets (within

the meaning of the Postal Services Act 2000 (c. 26)) from one place to

another by post, the incidental services of receiving, collecting, sorting

and delivering such packets and any other service which relates to any of

those services and is provided in conjunction with any of them.

(g)	“Public transport” means any of the following—

(i)	“railway services” as defined by the Railways Act 1993 (c. 43);

(ii)	“bus services” as defined by the Transport Act 2000 (c. 38); or

(iii)

any service provided by Transport for London.’.

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

22

Clause  8,  page  4,  line  8,  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,  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’.

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Revised 4 March 2008