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House of Commons
Session 2010 - 11
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Other Bills before Parliament

European Union Bill


European Union Bill
Part 1 — Restrictions on treaties and decisions relating to EU

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(b)   

each House agrees to the motion without amendment.

(4)   

Despite any Parliamentary approval given for the purposes of subsection (1), a

Minister may not vote in favour of or otherwise support a decision under a

provision falling within any of paragraphs (a) to (c) of subsection (2) unless the

draft decision is approved by Act of Parliament.

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(5)   

A Minister of the Crown may not give a notification under Article 4 of the AFSJ

Protocol that the United Kingdom wishes to accept a measure to which this

subsection applies unless the notification in respect of the measure has been

approved by Act of Parliament.

(6)   

The measures to which subsection (5) applies are—

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(a)   

a measure adopted under a provision described in any of paragraphs

(a) to (c) of subsection (2), or

(b)   

a measure established under Article 81(3), 82(2)(d) or 83(1) of TFEU by

virtue of a previous decision adopted, without the participation of the

United Kingdom, under a provision falling within any of those

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paragraphs.

10      

Parliamentary control of certain decisions not requiring approval by Act

(1)   

A Minister of the Crown may not vote in favour of or otherwise support a

decision under any of the following unless Parliamentary approval has been

given in accordance with this section—

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(a)   

the provision of Article 56 of TFEU that permits the extension of the

provisions of Chapter 3 of Title IV of Part 3 of that Treaty (free

movement of services) to nationals of a third country;

(b)   

Article 129(3) of TFEU (amendment of provisions of the Statute of the

European System of Central Banks or of the European Central Bank);

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(c)   

the provision of Article 252 of TFEU that permits an increase in the

number of Advocates-General;

(d)   

the provision of Article 257 of TFEU that permits the establishment of

specialised courts attached to the General Court;

(e)   

the provision of Article 281 of TFEU that permits the amendment of the

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Statute of the Court of Justice of the European Union;

(f)   

the provision of Article 308 of TFEU that permits the amendment of the

Statute of the European Investment Bank.

(2)   

A Minister of the Crown may not confirm the approval by the United Kingdom

of a decision under Article 218(8) of TFEU for the accession of the European

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Union to the European Convention for the Protection of Human Rights and

Fundamental Freedoms in accordance with Article 6(2) of TEU unless

Parliamentary approval has been given in accordance with this section.

(3)   

Parliamentary approval is given if—

(a)   

in each House of Parliament a Minister of the Crown moves a motion

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that the House approves Her Majesty’s Government’s intention to

support the adoption of a specified draft decision, and

(b)   

each House agrees to the motion without amendment.

 
 

European Union Bill
Part 1 — Restrictions on treaties and decisions relating to EU

9

 

Further provisions about referendums held in pursuance of section 2, 3 or 6

11      

Persons entitled to vote in referendum

(1)   

The persons entitled to vote in any referendum held in pursuance of section 2,

3 or 6 are to be as follows—

(a)   

the persons who, on the date of the referendum, would be entitled to

5

vote as an elector at a parliamentary election in a constituency in the

United Kingdom;

(b)   

the persons who, on that date, are disqualified by reason of being peers

from voting as electors in parliamentary elections but—

(i)   

would be entitled to vote as electors at a local government

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election in any electoral area in Great Britain,

(ii)   

would be entitled to vote as electors at a local election in any

district electoral area in Northern Ireland, or

(iii)   

would be entitled to vote as electors at a European

Parliamentary election in any electoral region by virtue of

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section 3 of the Representation of the People Act 1985 (peers

resident outside the United Kingdom);

(c)   

if the referendum is also held in Gibraltar, the Commonwealth citizens

who, on the date of the referendum, would be entitled to vote in

Gibraltar at a European Parliamentary election in the combined

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electoral region in which Gibraltar is comprised.

(2)   

In subsection (1)(b)(i) “local government election” includes a municipal

election in the City of London (that is, an election to the office of mayor,

alderman, common councilman or sheriff and also the election of any officer

elected by the mayor, aldermen and liverymen in common hall).

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12      

Separate questions

If a referendum is to be held in pursuance of any of sections 2, 3 and 6 in

relation to two or more treaties or decisions, or in relation to one or more

treaties and one or more decisions, a separate question must be included on the

ballot paper in relation to each treaty or decision.

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13      

Role of Electoral Commission

Where an Act provides for a referendum to be held in pursuance of section 2,

3 or 6, the Electoral Commission—

(a)   

must take whatever steps they think appropriate to promote public

awareness of the referendum and how to vote in it, and

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(b)   

may take whatever steps they think appropriate to promote public

awareness of the subject-matter of the referendum.

Supplementary

14      

Consequential amendments and repeals relating to Part 1

(1)   

In section 5 of the European Union (Amendment) Act 2008 (amendment of

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founding treaties)—

 
 

European Union Bill
Part 2 — Implementation of transitional Protocol on MEPs

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(a)   

in subsection (2), for the words from “amends” onwards substitute

“amends the Treaty establishing the European Atomic Energy

Community (signed at Rome on 25th March 1957).”, and

(b)   

accordingly, in the heading, for “founding treaties” substitute

“Euratom Treaty”.

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(2)   

In section 23 of the Constitutional Reform and Governance Act 2010 (section 20

of that Act not to apply to certain descriptions of treaties), in subsection (1)—

(a)   

omit paragraph (a),

(b)   

in paragraph (b), for “founding Treaties” substitute “Treaty

establishing European Atomic Energy Community”, and

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(c)   

at the end insert—

“(c)   

a treaty covered by section 2 of the European Union Act

2011 (treaties amending or replacing Treaty on

European Union or Treaty on the Functioning of the

European Union).”

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(3)   

The following enactments (which are superseded by the provisions of this Part)

are repealed—

(a)   

section 2 of the European Communities (Amendment) Act 1993,

(b)   

section 1(2) and (3) of the European Communities (Amendment) Act

2002,

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(c)   

section 12 of the European Parliamentary Elections Act 2002, and

(d)   

section 6 of the European Union (Amendment) Act 2008.

Part 2

Implementation of transitional Protocol on MEPs

15      

Protocol on MEPs: approval, and addition to list of treaties

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(1)   

The Protocol amending the Protocol (No. 36) on transitional provisions

annexed to the Treaty on European Union, to the Treaty on the Functioning of

the European Union and to the Treaty establishing the European Atomic

Energy Community, signed at Brussels on 23 June 2010, is approved for the

purposes of section 5 of the European Union (Amendment) Act 2008

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(amendment of founding Treaties: approval by Act of Parliament).

(2)   

In section 1(2) of the European Communities Act 1972, in the definition of “the

Treaties”, after paragraph (s) insert—

   

“and

(t)   

the Protocol amending the Protocol (No. 36) on transitional

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provisions annexed to the Treaty on European Union, to the

Treaty on the Functioning of the European Union and to the

Treaty establishing the European Atomic Energy Community,

signed at Brussels on 23 June 2010;”.

16      

Number of MEPs and electoral regions

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(1)   

Section 1 of the European Parliamentary Elections Act 2002 is amended as

follows.

(2)   

In subsection (1) (number of members of the European Parliament) for “72”

substitute “73”.

 
 

European Union Bill
Part 3 — General

11

 

(3)   

In subsection (3) (electoral regions) for the entry relating to the West Midlands

substitute—

 

“West Midlands

7”.

 

17      

Election of additional MEP

(1)   

The additional seat allocated to the West Midlands electoral region by virtue of

5

section 16 is to be filled by applying subsections (5) to (9) of section 2 of the 2002

Act (voting system in Great Britain and Gibraltar) to the results of the poll at

the general election of members of the European Parliament held on 4 June

2009, as if the seat had been allocated to the region at that date.

(2)   

Subsection (1) is subject to Schedule 2 which makes further provision about the

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filling of the additional seat.

(3)   

This section and Schedule 2

(a)   

cease to have effect on the date appointed under section 4 of the 2002

Act as the date of the poll at the next general election of members of the

European Parliament after the passing of this Act, and

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(b)   

do not affect the procedure to be followed in accordance with

regulations made under section 5 of the 2002 Act if, after being filled in

accordance with this section and Schedule 2, the additional seat

subsequently becomes vacant before that date.

(4)   

In this section and in Schedule 2 “the 2002 Act” means the European

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Parliamentary Elections Act 2002.

Part 3

General

Status of EU law

18      

Status of EU law dependent on continuing statutory basis

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It is only by virtue of an Act of Parliament that directly applicable or directly

effective EU law (that is, the rights, powers, liabilities, obligations, restrictions,

remedies and procedures referred to in section 2(1) of the European

Communities Act 1972) falls to be recognised and available in law in the United

Kingdom.

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Final provisions

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Financial provisions

(1)   

There is to be paid out of money provided by Parliament any increase attributable to

this Act in the sums payable under any other Act out of money so provided.

(2)   

There is to be charged on and paid out of the Consolidated Fund any increase

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attributable to this Act in the sums charged on and paid out of that Fund under any

other Act.

 
 

 
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Revised 11 November 2010