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Notices of Amendments: 21st February 2008                

1183

 

European Union (Amendment) Bill, continued

 
 

Provision of information to voters

 

4    (1)  

This paragraph applies if the Electoral Commission have not, before the

 

appropriate day, designated an organisation under section 108 of the 2000 Act

 

(organisations to whom assistance is available under section 110 of that Act)

 

in relation to each possible outcome of the referendum.

 

      (2)  

The Electoral Commission shall take steps to provide such impartial

 

information for persons entitled to vote in the referendum as will promote a

 

proper and fair understanding and awareness among those persons about the

 

arguments for each answer to the referendum question.

 

      (3)  

The Electoral Commission shall ensure that expenditure in money or money’s

 

worth in any form by those persons responsible for promoting the arguments

 

for each answer to the referendum question is as far as possible of equal value

 

and shall require those persons to produce audited accounts to ensure

 

compliance with this paragraph within the permitted period for proceedings

 

under paragraph 3 of Schedule (Referendum on the Treaty of Lisbon).

 

      (4)  

No public expenditure nor any expenditure in money or money’s worth from

 

the European Union or its institutions shall be provided or spent in pursuance

 

of the referendum campaign.

 

      (5)  

In this paragraph “the appropriate day” means—

 

(a)    

the day specified for the purposes of this paragraph in an order under

 

subsection (6) of section 109 of the 2000 Act;

 

(b)    

if no such order is made and one or more applications under that

 

section are made in relation to each possible outcome of the

 

referendum before the 29th day of the referendum period, the 43rd day

 

of the referendum period; and

 

(c)    

in any other case in which no such order is made, the 29th day of the

 

referendum period.

 

      (6)  

Information provided in pursuance of this paragraph must be provided by

 

whatever means the Electoral Commission think is most likely to secure (in the

 

most cost-effective way) that the information comes to the notice of everyone

 

entitled to vote in the referendum.

 

      (7)  

The Electoral Commission shall publish rules and guidelines for and shall

 

monitor compliance by the broadcasting authorities regulated in the United

 

Kingdom by Charter or statute as providers of programme services in relation

 

to the referendum so as to ensure that the provision of those services complies

 

with the same impartiality as is required of the Electoral Commission itself

 

under paragraph 4(2).

 

Combination of polls

 

5    (1)  

A Minister of the Crown may by order make provision for, or in connection

 

with, the combination of polls at the referendum with those at an election or at

 

another referendum, or both.

 

      (2)  

An order under this paragraph may include provision creating criminal

 

offences.

 

Payment of the charges and expenses of relevant officers by the Electoral Commission

 

6    (1)  

A Minister of the Crown may by order make provision for the payment by the

 

Electoral Commission of any of the following—

 

(a)    

the charges in respect of services properly rendered, or expenses

 

properly incurred, in connection with the referendum by a relevant

 

officer; and


 
 

Notices of Amendments: 21st February 2008                

1184

 

European Union (Amendment) Bill, continued

 
 

(b)    

the sum equal to any increase in the superannuation contributions

 

required to be paid by a local authority in respect of a person in

 

consequence of a fee paid as part of those charges.

 

      (2)  

The order may include provision as to—

 

(a)    

the services and expenses, or descriptions of services and expenses, in

 

respect of which payment may be made;

 

(b)    

the maximum amount to be paid or reimbursed in respect of such

 

services and expenses, or descriptions of services and expenses;

 

(c)    

payments in advance; and

 

(d)    

accounts to be submitted.

 

      (3)  

Before making an order under this paragraph, the Minister in question must

 

consult the Electoral Commission.

 

      (4)  

The consent of the Treasury is required for the making of an order under this

 

paragraph.

 

      (5)  

In this paragraph “relevant officer” means—

 

(a)    

a counting officer; or

 

(b)    

a person appointed by the Chief Counting Officer or a counting officer

 

to discharge all or any of his functions.

 

Accounts relating to expenditure under paragraph 6

 

7    (1)  

As soon as reasonably practicable after the holding of the referendum the

 

accounting officer of the Electoral Commission and—

 

(a)    

prepare and sign an account of the payments made by the Commission

 

in accordance with an order under paragraph 6; and

 

(b)    

submit a copy of the account, as signed, to the Comptroller and

 

Auditor General.

 

      (2)  

The account must be in such form as the Treasury direct and must set out—

 

(a)    

the aggregate amount of charges and expenses falling within

 

subparagraph 6(1)(a) in respect of which those payments have been

 

made; and

 

(b)    

the aggregate amount of sums falling within paragraph 6(1)(b) in

 

respect of which they have been made.

 

      (3)  

The Comptroller and Auditor General must—

 

(a)    

examine and certify the account submitted to him under this

 

paragraph; and

 

(b)    

lay a copy of the account, as certified, and of his report on it before

 

each House of Parliament.

 

Gibraltar

 

8    (1)  

A Minister of the Crown may by order make such provision as he considers

 

appropriate for the purposes of, or in connection with, one or both of the

 

following—

 

(a)    

the holding of the referendum in Gibraltar; and

 

(b)    

the regulation there of the conduct of the referendum.

 

      (2)  

The provision that may be included in an order under this paragraph includes,

 

in particular—

 

(a)    

provision about any matter as respects which the Political Parties,

 

Elections and Referendums Act 2000 (c. 41) makes provision for the

 

United Kingdom in connection with referendums;


 
 

Notices of Amendments: 21st February 2008                

1185

 

European Union (Amendment) Bill, continued

 
 

(b)    

provision for applying any provision made under section 7(2) of this

 

Act to Gibraltar with modifications;

 

(c)    

provision about donations to political parties and others who

 

campaign, or are proposing to campaign, for one or other of the

 

possible outcomes to the referendum;

 

(d)    

provision imposing obligations in relation to the referendum on the

 

providers of programme services;

 

(e)    

provision conferring functions in relation to the referendum on any

 

public authority in Gibraltar that is responsible for regulating those

 

providers;

 

(f)    

provision conferring jurisdiction on courts in Gibraltar that are

 

specified in the order or which are determined in the manner so

 

specified;

 

(g)    

provisions conferring jurisdiction in relation to matters arising in

 

Gibraltar on courts in the United Kingdom;

 

(h)    

provision for expenses incurred by specified persons in accordance

 

with the order to be charged on and paid out of the Consolidated Fund.

 

      (3)  

Before making an order under this paragraph the Minister in question must

 

consult both—

 

(a)    

the Government of Gibraltar; and

 

(b)    

the Electoral Commission.

 

      (4)  

An order under this paragraph may—

 

(a)    

provide for conduct to constitute a criminal offence under the law of

 

Gibraltar;

 

(b)    

extend and apply to Gibraltar, with or without modification, the

 

provisions of any enactment or subordinate legislation relating to any

 

matter mentioned in subparagraph (2);

 

(c)    

modify any such enactment or subordinate legislation (including any

 

imposing criminal liability) so far as it has effect in relation to any part

 

of the United Kingdom;

 

(d)    

modify or apply or incorporate, with or without modification, the

 

provisions of any legislation in force in Gibraltar relating to elections

 

or referendums or to any such matter.

 

      (5)  

The capacity of the Gibraltar legislature to make law in relation to any matter

 

in relation to which provision may be made under this paragraph is not affected

 

by the existence of the power conferred by this paragraph.

 

      (6)  

But subparagraph (5) is not to be construed as restricting the operation in

 

relation to a law made by the Gibraltar legislature of the Colonial Laws

 

Validity Act 1865 (c. 63) (under which colonial laws are void if repugnant to

 

provision made under an Act of Parliament).

 

Supplementary provision

 

9          

This Act does not affect the power of the Secretary of State to make provision

 

under section 129 of the 2000 Act (orders regulating the conduct of

 

referendums) for or in connection with the referendum.

 

10         

Section 126 of the 2000 Act (identification of promoter and publisher of

 

referendum materials) does not apply to any material published for the

 

purposes of the referendum if the publication is required under or by virtue of

 

an order under section 129 of that Act.


 
 

Notices of Amendments: 21st February 2008                

1186

 

European Union (Amendment) Bill, continued

 
 

Orders under this Schedule

 

11  (1)  

Every power to make an order under this Schedule shall be exercisable by

 

statutory instrument.

 

      (2)  

An order under paragraph 5 or 8 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.

 

      (3)  

An order under this Schedule may—

 

(a)    

apply or incorporate, with or without modification, the provision of an

 

enactment or subordinate legislation relating to donations, elections or

 

referendums;

 

(b)    

make different provision for different cases, including different

 

provision for different parts of the United Kingdom and different

 

provision for Gibraltar;

 

(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.

 

Interpretation of Schedule

 

12  (1)  

In this Schedule—

 

“donation” means anything which is or corresponds to a donation within the

 

meaning of Part 4 of the Political Parties, Elections and Referendums Act

 

2000 (c. 41); and

 

“programme services” means any services which would be programme

 

services within the meaning of the Broadcasting Act 1990 (c. 42) if

 

Gibraltar were part of the United Kingdom.’.

 

 

Orders of the House [28th AND 29th JANUARY 2008]

 

That the following provisions shall have effect.

 

    

 

(1)    

In this Order, ‘allotted day’ means a day on which the first business

 

is—

 

(a)    

a motion in the name of a Minister of the Crown to approve

 

the Government’s policy towards the Treaty of Lisbon in

 

respect of specified matters,

 

(b)    

proceedings on the European Union (Amendment) Bill, or

 

(c)    

a motion to vary or supplement this Order.

 

(2)    

On an allotted day proceedings shall be taken in accordance with the

 

Table.

 

(3)    

Standing Orders Nos. 83D and 83E (Programme orders: conclusion

 

of proceedings) and 83I (Programme orders: supplementary

 

provisions) shall apply to proceedings to which this Order applies as

 

if they were subject to a programme order.

 

(4)    

On an allotted day no debate under S.O. No. 24 (emergency debates)

 

may take place until after the conclusion of proceedings specified in

 

the Table.

 

(5)    

The rule of the House against anticipation shall not apply to

 

proceedings specified in the Table.

 

(6)    

If a Minister of the Crown moves a motion to vary or supplement this


 
 

Notices of Amendments: 21st February 2008                

1187

 

European Union (Amendment) Bill, continued

 
 

Order (including, in particular, so as to make provision about Lords

 

Messages)—

 

(a)    

if the amendment does not reduce the amount of time

 

allotted overall to consideration of matters connected with

 

the Treaty of Lisbon, the Question shall be put forthwith, and

 

(b)    

otherwise, proceedings on the motion shall be brought to a

 

conclusion not later than three-quarters of an hour after

 

commencement

 

TABLE

 

Allotted



 
 

day

Proceedings

Latest time for conclusion

 
 

1

(A) Motion—‘That this House approves the

3½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning the

  
  

following matters: fighting cross-border

  
  

crime; justice; policing; human trafficking;

  
  

and asylum and migration policy.’

  
  

(B) Committee on the Bill: any selected

2½ hours after

 
  

amendments to Clause 1 and the Question,

commencement

 
  

That Clause 1 stand part of the Bill; any

  
  

selected amendments to Clause 2 relating to

  
  

the matters specified in paragraph (A).

  
 

2

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

energy.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to energy.

commencement

 
 

3

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

human rights.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to human

commencement

 
  

rights.

  
 

4

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning the

  
  

single market.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to the single

commencement

 
  

market.

  
 

5

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

foreign, security and defence policy.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to foreign,

commencement

 
  

security and defence policy.

  
 

6

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

international development.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to

commencement

 
  

international development.

  
 

7

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning the

  
  

effectiveness of the EU institutions and EU

  
  

decision-making.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to the

commencement

 
  

matters specified in paragraph (A).

  
 

8

(A) Motion—‘That this House approves the

4½ hours after

 
  

Government’s policy towards the Treaty of

commencement

 
  

Lisbon in respect of provisions concerning

  
  

climate change.’

  
  

(B) Committee on the Bill—any selected

1½ hours after

 
  

amendments to Clause 2 relating to climate

commencement

 
  

change, remaining amendments to Clause 2

  
  

and the Question, That Clause 2 stand part of

  
  

the Bill.

  
 

9

Committee on the Bill—Clauses 3 to 7.

  
 

10

Committee on the Bill—Clauses 3 to 7, so far

The moment of

 
  

as not completed on Allotted Day 9.

interruption

 
 

11

Committee on the Bill—Clause 8, the

The moment of

 
  

Schedule, New Clauses and New Schedules.

interruption

 
 

12

Remaining proceedings on the Bill.

6 hours after

 
   

commencement

 

 
 

Notices of Amendments: 21st February 2008                

1188

 

European Union (Amendment) Bill, continued

 
 


 
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