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Notices of Amendments: 21st February 2008                

1176

 

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.

 

(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.’.

 


 

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.’.

 



 
 

Notices of Amendments: 21st February 2008                

1177

 

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: 21st February 2008                

1178

 

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: 21st February 2008                

1179

 

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: 21st February 2008                

1180

 

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.’.

 


 

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:—

 

‘Referendum on the Treaty of Lisbon

 

Holding a referendum

 

1    (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 question to be asked in the referendum is—

 

            

      “Should the United Kingdom approve the Treaty of Lisbon?”

 

      (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 prominence, in Welsh.

 

      (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 paragraph

 

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.

 

Entitlement to vote in the referendum

 

2    (1)  

Subject to subparagraph (2), a person is entitled to vote in the referendum, if

 

on the day it is held, he has—

 

(a)    

an individual who would be entitled to vote as an elector at a

 

parliamentary election in a constituency in the United Kingdom;

 

(b)    

a peer who would be entitled to vote as an elector at a local goverment

 

election in an electoral area in Great Britain or at a local election in an

 

electoral area in Northern Ireland;

 

(c)    

a peer who, by virtue of section 3 of the Representation of the People

 

Act 1985 (c.50) (peers resident outside the United Kingdom), would

 

be entitled to vote as an elector at a European Parliamentary election

 

in an electoral region; or


 
 

Notices of Amendments: 21st February 2008                

1181

 

European Union (Amendment) Bill, continued

 
 

(d)    

a Commonwealth citizen who would be entitled to vote in Gibraltar as

 

an elector at a European Parliamentary election in the combined

 

electoral region in which Gibraltar is comprised.

 

      (2)  

A Minister of the Crown may by order made by statutory instrument make

 

provision for the purposes of subparagraph (1) for disregarding alterations

 

made after a specified date in a register of electors.

 

      (3)  

An order under subparagraph (2) may—

 

(a)    

apply or incorporate, with or without modification, any provision of

 

any enactment or subordinate legislation relating to elections;

 

(b)    

make different provision for different cases;

 

(c)    

make provision subject to such exemptions and exceptions as the

 

Minister making the order thinks fit; and

 

(d)    

make such incidental, supplemental, consequential and transitional

 

provision as that Minister thinks fit.

 

      (4)  

An order under subparagraph (2) 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.

 

      (5)  

In subparagraph (1)—

 

“electoral area” means—

 

(a)    

an electoral division or ward (or, in the case of a parish or

 

community in which there are no wards, the parish or

 

community) for which an election of councillors is held in

 

England and Wales under the Local Government Act 1972

 

(c.70);

 

(b)    

an electoral ward for which an election of councillors is held in

 

Scotland under the Local Government etc. (Scotland) Act 1994

 

(c.39); or

 

(c)    

an area for which an election of members of a district coucil is

 

held in Northern Ireland under section 11 of the Electoral Law

 

Act (Northern Ireland) 1962 (c.14);

 

“electoral region” means an electoral region mentioned in section 1(2) od

 

the European Parliamentary Elections Act 2002 (c.24);

 

“European Parliamentary election” means an election of a representative

 

to the European Parliament.

 

Legal challenge to the referendum result

 

3    (1)  

No court may entertain any proceedings for questioning the number of ballot

 

papers counted or votes cast in the referendum, as certified—

 

(a)    

by the Chief Counting Officer, or

 

(b)    

by counting officer,

 

            

unless the proceedings are brought in accodance with this section.

 

      (2)  

The proceedings may be brought—

 

(a)    

in England and Wales, only by a claim for judicial review;

 

(b)    

in Scotland, only by a petition for judicial review;

 

(c)    

in Northern Ireland, only by an application for judicial review;

 

(d)    

in Gibraltar, only by a claim for judicial review.

 

      (3)  

The court in England and Wales or Gibraltar must not give permission for a

 

claim unless the claim form is filed before the end of the permitted period.

 

      (4)  

The court in Scotland must refuse a petition unless it is lodged before the end

 

of the permitted period.


 
 

Notices of Amendments: 21st February 2008                

1182

 

European Union (Amendment) Bill, continued

 
 

      (5)  

The court in Northern Ireland must refuse an application for leave to apply for

 

judicial review unless it is lodged before the end of the permitted period.

 

      (6)  

In this paragraph “the permitted period” means the period of six weeks starting

 

with—

 

(a)    

the date on which the Chief Counting Officer or (as the case may be)

 

the counting officer gives a certificate as to the number of ballot papers

 

counted and votes cast in the referendum; or

 

(b)    

if he gives more than one such certificate, the date of the last to be

 

given.’.

 


 

Mr William Cash

 

Mr John Redwood

 

Mr Iain Duncan Smith

 

Mr Bernard Jenkin

 

Mr Richard Shepherd

 

Sir Nicholas Winterton

 

NS2

 

To move the following Schedule:—

 

‘Conduct of the Referendum

 

Introductory

 

1    (1)  

In this Schedule “the 2000 Act” means the Political Parties, Elections and

 

Referendums Act 2000 (c. 41).

 

      (2)  

Expressions used in this Schedule and in Part 7 of the 2000 Act have the same

 

meanings in this Schedule as in that Part.

 

Encouraging voting

 

2          

The Electoral Commission may do anything they think necessary or expedient

 

for the purpose of encouraging voting at the referendum.

 

3    (1)  

For the purpose of encouraging voting at the referendum the Electoral

 

Commission may, in particular, direct each counting officer to provide such

 

impartial information as may be specified in the direction to every person who

 

is entitled, in the referendum, to vote in the counting officer’s voting area.

 

      (2)  

A direction under this paragraph may also include requirements as to the form

 

and manner in which the information is to be sent.

 

      (3)  

A direction under this paragraph may not require the inclusion of additional

 

information in a document or part of a document the form of which is

 

prescribed by or under any enactment.

 

      (4)  

In subparagraph (1) “voting area”, in relation to a counting officer, means—

 

(a)    

in the case of a counting officer appointed for a relevant area in Great

 

Britain, that area;

 

(b)    

in the case of the Chief Electoral Officer for Northern Ireland in his

 

capacity as a counting officer, Northern Ireland; and

 

(c)    

in the case of a counting officer for Gibraltar, Gibraltar.


 
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