House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Notices of Amendments: 25th January 2008
446

European Union (Amendment) Bill, continued

(iv)
a Primary Care Trust;

(v)
an NHS trust; or

(vi)
an NHS foundation trust.’.

Day 11

      Clause 8, the Schedule, New Clauses and New Schedules

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

21

Clause  8,  page  4,  leave out lines 1 to 8 and insert ‘The provisions of this Act come into

force in accordance with section [Referendum]’.

Mr William Hague

Mr David Lidington

Mr Mark Francois

Mr David Evennett

22

Clause  8,  page  4,  line  8,  after ‘force’, 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,  after ‘force’, 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’.

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

(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.’.

Notices of Amendments: 25th January 2008
447

European Union (Amendment) Bill, continued

Mr William Cash

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 court or courts in question’.

Daniel Kawczynski

Sir Nicholas Winterton

64

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

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—


“Should the United Kingdom approve the Lisbon Treaty?”

(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 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—


“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.

Notices of Amendments: 25th January 2008
448

European Union (Amendment) Bill, continued

(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.’.

Protection of existing police and criminal justice obligations

Mr David Heathcoat-Amory

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.

Notices of Amendments: 25th January 2008
449

European Union (Amendment) Bill, continued

(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

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

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

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.’.

Notices of Amendments: 25th January 2008
450

European Union (Amendment) Bill, continued

Bill of Rights 1689

Mr William Cash

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.’.

Supremacy of Parliament

Mr William Cash

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.’.

Notices of Amendments: 25th January 2008
451

European Union (Amendment) Bill, continued

new schedules

Mr William Cash

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

(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;

Notices of Amendments: 25th January 2008
452

European Union (Amendment) Bill, continued

(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.

      (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