House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Committee of the whole House: 4th March 2008
1400

European Union (Amendment) Bill, continued

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’.

Dr Vincent Cable

Mr Edward Davey

Jo Swinson

Mr Jeremy Browne

236

Clause  8,  page  4,  line  8,  leave out ‘on Royal Assent’ and add ‘when arrangements

have been made for the Secretary of State to report to Parliament each year on the

operation and application of European Union competition policy according to the

principle set out in the Protocol on the Internal Market and Competition’.

Mrs Gwyneth Dunwoody

271

Clause  8,  page  4,  line  8,  leave out ‘on Royal Assent’ and insert ‘when

arrangements have been made for the Secretary of State to report to Parliament each year

on the costs of transport policies under the Treaty on the Functioning of the European

Union’.

Jon Trickett

Colin Burgon

Jon Cruddas

Kelvin Hopkins

288

Clause  8,  page  4,  line  8,  leave out ‘on Royal Assent’ and add ‘when the

Government has laid before the House a statement on the implications of the following

judgements of the European Court of Justice:

(a)
The International Transport Workers’ Federation and the Finnish

Seamen’s Union v Viking Line ABP;

(b)
Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet and

Svenska Elektrikerförbundet; and

(c)
Watts v Bedford Primary Care Trust and the Secretary of State for

Health.’.

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

Committee of the whole House: 4th March 2008
1401

European Union (Amendment) Bill, continued

(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.’.

Day 11

          (1) Remaining proceedings on Clause 8, and

                (2) New Clauses and New Schedules

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

291

Clause  8,  page  4,  line  7,  at end insert—

‘(2A)
Section [Sunset] comes into force on Royal Assent.’.

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

292

Clause  8,  page  4,  line  7,  at end insert—

‘(2ZA)
Section [Revocation] comes into force on Royal Assent.’.

Mr William Hague

Mr David Lidington

Mrs Cheryl Gillan

Mr Mark Francois

Mr David Evennett

293

Clause  8,  page  4,  leave out line 8 and insert—

‘(2A)
Section [Referendum] comes into force on Royal Assent.

(2B)
The other provisions of this Act come into force if an affirmative answer has been

given to the question asked in a referendum held in accordance with section

[Referendum] and any legal challenge made under an order made under that

section has been disposed of by the court or courts in question.’.

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

289

Clause  8,  page  4,  leave out line 8 and insert—

Committee of the whole House: 4th March 2008
1402

European Union (Amendment) Bill, continued

‘(2A)
Section [Declaration by Secretary of State and Referendum] comes into force on

Royal Assent.

(2B)
The other provisions of this Act come into force when the Secretary of State

makes a declaration as referred to in [Declaration by Secretary of State and

Referendum].’.

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

290

Clause  8,  page  4,  leave out line 8 and insert—

‘(2A)
Section [Declaration by Secretary of State, Resolution by House of Commons and

Referendum] comes into force on Royal Assent.

(2B)
The other provisions of this Act come into force when the Secretary of State

makes a declaration as referred to in section [Declaration by Secretary of State,

Resolution by House of Commons and Referendum] and the House of Commons

has passed a resolution as referred to in the same section.’.

Mr Ian Davidson

David Taylor

Mr David Drew

Kelvin Hopkins

Mr Roger Godsiff

296


Clause  8,  page  4,  leave out line 8, and insert—

‘(2A)
Section [Referendum on the Treaty of Lisbon (No. 2)] and Schedule [Conduct of

the Referendum (No. 2)] come into force on Royal Assent.

(2B)
The other provisions of this Act come into force if an affirmative answer has been

given to the question specified in section [Referendum on the Treaty of Lisbon

(No. 2)] in a referendum held in accordance with that section and Schedule

[Conduct of the Referendum (No. 2)] and any legal challenge made under that

Schedule has been disposed of by the court or courts in question.’.

Mr Ian Davidson

Ms Gisela Stuart

Mr David Drew

Jon Trickett

Colin Burgon

David Taylor

297


Clause  8,  page  4,  leave out line 8, and insert—

‘(2A)
Section [Referendum on the Treaty of Lisbon (No. 3)] and Schedule [Conduct of

the Referendum No. 2] come into force on Royal Assent.

(2B)
The other provisions of this Act come into force if an affirmative answer has been

given to the question asked in a referendum held in accordance with section

[Referendum on the Treaty of Lisbon (No. 3)] and Schedule [Conduct of the

Referendum (No. 2)] and any legal challenge made under that Schedule has been

disposed of by the court or courts in question.’.

Committee of the whole House: 4th March 2008
1403

European Union (Amendment) Bill, continued

Mr William Cash

Mr John Redwood

Mr Iain Duncan Smith

Mr Bernard Jenkin

Mr Richard Shepherd

Sir Nicholas Winterton

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 the court or courts in question’.

Mr Ian Davidson

Kelvin Hopkins

Ann Winterton

Sir Nicholas Winterton

Mr Nigel Dodds

Dr Richard Taylor

285

Clause  8,  page  4,  leave out line 8, and insert—

‘(2A)
Section [Referendum on the Treaty of Lisbon] and Schedule [Conduct of the

Referendum] come into force on Royal Assent.

(2B)
The other provisions of this Act come into force if affirmative answers have been

given to both of the questions asked in a referendum held in accordance with

section [Referendum on the Treaty of Lisbon] and Schedule [Conduct of the

Referendum] and any legal challenge made under that Schedule has been

disposed of by the court or courts in question.’.

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evenett

218

Page  4,  line  1,  leave out Clause 8.

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—

Committee of the whole House: 4th March 2008
1404

European Union (Amendment) Bill, continued


“Should the United Kingdom approve the Lisbon Treaty?”
5
(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
10
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—
15

“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
20
(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.’.

As Amendments to Mr William Hague’s proposed New Clause (Referendum)

(NC1):—

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

(a)

Leave out line 4 and insert ‘ “Should the United Kingdom remain in the European

Union?” ’.

Mr Nick Clegg

Dr Vincent Cable

Mr Edward Davey

David Howarth

Simon Hughes

Mr Paul Burstow

(b)

Leave out line 15 and insert ‘ “A ddylai’r Deyrnas Unedig aros o fewn yr Undeb

Ewropeaidd?” ’.

Committee of the whole House: 4th March 2008
1405

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: 4th March 2008
1406

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

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.’.

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