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| | New Amendments handed in are marked thus  |
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| | Constitutional Reform and Governance Bill
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| | | The Amendments have been arranged in accordance with the Constitutional |
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| | | Reform and Governance (Programme) (No. 3) Motion. |
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| | | Clause 24, page 12, line 37, after ‘to be’, insert ‘signed or’. |
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| | Clause 24, page 12, line 38, leave out ‘a copy of the treaty’ and insert— |
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| | | ‘(i) | a copy of the treaty and, at the same time, |
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| | | (ii) | an explanatory memorandum explaining the background to the |
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| | | treaty, the Minister’s reasons for proposing to ratify it, and the |
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| | | reasons for any reservations or interpretative declarations that |
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| | | the Minister intends to enter on ratification,’. |
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| | Clause 24, page 12, leave out lines 41 and 42 and insert— |
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| | | ‘(c) | both Houses of Parliament have resolved that the treaty should be |
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| | Clause 24, page 12, line 42, at end insert ‘and |
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| | | (d) | provided that the treaty is one that falls within subsection (2)(a) of this |
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| | | section the text of the treaty has been approved by the electorate in a |
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| | | national referendum held for the purpose of approving or disapproving |
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| | | (1A) | Any treaty which abrogates the sovereignty of the United Kingdom Parliament or |
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| | | alters to a significant extent the political or legal or constitutional or economic |
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| | | relationship of the United Kingdom with the European Union or its successor in |
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| | | title is a treaty to which the provisions of subsection (1)(d) applies.’. |
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| | Clause 24, page 12, line 42, at end insert— |
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| | | ‘(1A) | In the case of treaties which transfer competences from the United Kingdom |
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| | | Parliament to the European Union— |
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| | | (a) | subsection (1)(c) shall not apply, |
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| | | (b) | the procedure set out in new Clause [Referendum on Treaties which |
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| | | transfer competences to the EU] shall apply.’. |
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| | Clause 24, page 13, line 1, leave out subsection (2). |
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| | Clause 24, page 13, line 3, leave out subsection (3). |
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| | Clause 24, page 13, line 5, leave out subsection (4). |
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| | Clause 24, page 13, line 11, leave out subsection (5). |
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| | Clause 24, page 13, line 13, leave out subsection (6). |
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| | Clause 24, page 13, leave out lines 15 to 20 and insert— |
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| | | ‘(7) | Where the House of Commons has resolved that a treaty should be ratified but the |
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| | | House of Lords has not so resolved, and a period of 21 sitting days has elapsed |
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| | | since the House of Commons resolved that the treaty should be ratified, any |
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| | | member of the House of Commons may move that the treaty should be ratified |
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| | | despite the failure of the House of Lords so to resolve, and if such a resolution is |
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| | | carried by the House of Commons, the House of Lords shall be deemed for the |
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| | | purposes of subsection (1)(c) to have resolved that the treaty should be ratified. |
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| | | (8) | The preceding subsection does not apply where the House of Lords has resolved |
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| | | that the treaty should not be ratified (but defeat of a motion in favour of |
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| | | ratification does not count by itself as a resolution that the treaty should not be |
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| | Clause 25, page 13, line 23, leave out ‘the period mentioned in section 24 (1) (c)’ |
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| | and insert ‘the period of 21 days mentioned in section 24 (the period after which the House |
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| | of Commons may pass a motion the effect of which is to deem that the House of Lords |
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| | has resolved that the treaty should be ratified)’. |
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| | Clause 26, page 13, line 34, at beginning insert ‘subject to the provisions of section |
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| | [Committee on Treaties].’. |
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| | Clause 26, page 13, line 39, at end insert ‘or if the treaty transfers competences |
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| | from the United Kingdom Parliament to the European Union.’. |
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| | Page 12, line 33, leave out Clause 26. |
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| | Clause 27, page 14, line 10, after ‘(1)’, insert ‘Save as provided for in section |
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| | | Clause 28, page 14, line 36, at end insert ‘unless made in pursuance of the |
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| | European Communities Act 1972.’. |
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| | | Clause 28, page 14, line 37, after ‘ratification’ insert ‘or signing’. |
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| | Clause 28, page 14, line 44, at end add— |
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| | | ‘(5) | In this Part, “competences” means areas of supplementary, shared or exclusive |
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| | new clauses relating to part 2 |
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| | To move the following Clause:— |
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| | | ‘(1) | There shall be a committee to be known as the Committee on Treaties (“the |
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| | | Committee”), to examine treaties which a Minister has determined are to be |
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| | | ratified under section 26. |
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| | | (2) | The members of the Committee shall be drawn from the House of Commons and |
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| | | (3) | The members of the Committee shall be appointed by the Speaker of the House |
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| | | of Commons after consultation with the Lord Speaker, and such other |
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| | | consultations as he considers appropriate. |
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| | | (4) | Membership of the committee shall be for a term of office that the Speaker |
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| | | considers appropriate, but shall cease when a member ceases to be a member of |
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| | | (5) | The Committee shall appoint one of its number to the chair of the Committee. |
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| | | (6) | The Committee may determine its own procedure. |
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| | | (7) | Where a Minister has made a determination under section 26 that a treaty should |
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| | | be ratified without the requirements of section 24 having been met, the treaty may |
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| | | not be ratified unless the Committee has resolved that it should be ratified, and |
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| | | has reported its decision to the Speaker and the Lord Speaker.’. |
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| | | Referendum on treaties which transfer competences to the EU |
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| | To move the following Clause:— |
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| | | ‘(1) | This section shall apply in the case of a treaty which transfers competences from |
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| | | the United Kingdom Parliament to the European Union. |
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| | | (2) | A referendum shall be held throughout the United Kingdom and Gibraltar on the |
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| | | day specified by a Minister of the Crown. |
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| | | (3) | The question to be asked in the referendum is whether the British people approve |
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| | | the ratification of the treaty, “Yes” or “No”. |
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| | | (4) | A person is entitled to vote in the referendum if, on the day it is held, he is— |
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| | | (a) | an individual who would be entitled to vote as an elector at a |
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| | | parliamentary election in a constituency in the United Kingdom; |
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| | | (b) | a peer who would be entitled to vote as an elector at a local government |
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| | | election in an electoral area in Great Britain or at a local election in an |
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| | | electoral area in Northern Ireland; or |
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| | | (c) | a Commonwealth citizen who would be entitled to vote in Gibraltar as an |
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| | | elector at a European Parliamentary election. |
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| | | (5) | A Minister of the Crown may by order make provision in relation to the |
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| | | (a) | determines the referendum period for the purposes of Part 7 of the |
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| | | Political Parties, Elections and Referendums Act 2000 (c.41); and |
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| | | (b) | requires ballot papers to be used by voters in Wales, after having set out |
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| | | the question and the possible answers in English, to set them out again, |
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| | | with equal prominence, in Welsh. |
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| | | (c) | makes provisions as to the conduct of the referendum, entitlement to vote |
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| | | in the referendum and legal challenge to the referendum result. |
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| | | (6) | Every power of a Minister of the Crown to make an order under this section shall |
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| | | be exercisable by statutory instrument. |
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| | | (7) | An order under this section may be made only if a draft of the order has been— |
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| | | (a) | laid before Parliament; and |
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| | | (b) | approved by resolution of each House. |
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| | | (8) | A treaty subject to Section 24, (1A) can come in to force in accordance with |
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| | | provisions made by the Secretary of State by order made by Statutory Instrument |
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| | | (a) | the Chief Counting Officer has given a certificate under section 128(6) of |
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| | | the Political Parties, Elections and Referendums Act 2000 (c.41) |
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| | | certifying the outcome of the referendum; and |
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| | | (b) | the total number of votes certified as cast in favour of the answer “Yes” |
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| | | exceeds the total number certified as cast in favour of the answer “No”.’. |
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| | Clause 35, page 18, line 4, leave out ‘sections 132 to 138’ and insert ‘sections 132 |
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| | Clause 35, page 18, line 6, leave out subsection (2). |
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| | Schedule 5, page 54, line 26, leave out from ‘procession’ to end of line 18 on page |
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| | 55 and insert ‘or a public assembly that is having the effect of preventing reasonable |
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| | access to the Houses of Parliament. |
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| | | (2) | The Speaker of the House of Commons shall decide whether reasonable access to |
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| | | the Houses of Parliament has been prevented. |
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| | | (3) | If the Speaker has decided under subsection (2) that reasonable access to the |
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| | | Houses of Parliament has been prevented, the senior police officer may, for the |
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| | | purpose of restoring reasonable access to the Houses of Parliament, give |
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| | | directions to any person who is organising or taking part in the public procession |
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| | | (4) | The directions referred to in subsection (3) must be necessary for the purpose of |
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| | | restoring access to the Houses of Parliament and proportionate to that purpose.’. |
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| | Schedule 5, page 55, line 1, leave out from ‘requirements’ to end of line 2 and |
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| | insert ‘specifying entrances at or by the Palace of Westminster or Portcullis House—’. |
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| | Schedule 5, page 55, leave out lines 6 and 7. |
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| | Schedule 5, page 55, line 7, at end insert ‘in relation to how the specified |
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| | requirements for maintaining access to and from the Palace of Westminster shall be met’. |
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| | Schedule 5, page 55, leave out lines 8 to 10 and insert ‘A statutory instrument |
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| | containing an order under this section must be approved by both Houses of Parliament.’. |
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| | Schedule 5, page 55, line 12, leave out ‘include’ and insert ‘are limited to’. |
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| | Schedule 5, page 55, leave out lines 22 to 25. |
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| | Schedule 5, page 55, leave out lines 28 to 38. |
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| | Schedule 5, page 55, line 34, leave out from ‘than’ to end of line 35 and insert ‘300 |
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| | metres in a straight line from the nearest relevant entrance. |
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| | | ( ) | Each of the following is a relevant entrance for the purposes of subsection (3)— |
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| | | (b) | St Stephen’s Entrance; |
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| | | (d) | Black Rod’s Garden Entrance; |
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| | | (e) | the main entrance to Portcullis House (on Victoria Embankment).’. |
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| | Schedule 5, page 55, leave out lines 36 to 38 and insert ‘A statutory instrument |
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| | containing an order under this section must be approved by both Houses of Parliament.’. |
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| | Schedule 5, page 55, line 39, leave out from beginning to end of line 32 on page 56 |
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| | | ‘14ZB | Special provision for a House or Committee meeting outside Palace of |
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| | | (1) | If either House of Parliament, or a committee of either House of Parliament, |
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| | | intends to meet in a building outside the Palace of Westminster, the Secretary of |
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