1473

House of Commons

Tuesday 1 February 2011

Committee of the whole House

European Union Bill

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Note

The Amendments have been arranged in accordance with the Order of the House

[7 December].

Mr Bernard Jenkin

Mr William Cash

Mr James Clappison

Kate Hoey

Mr Douglas Carswell

15

Clause  21,  page  12,  line  12,  leave out subsection (3) and insert—

‘(3)	The day appointed under subsection (2) shall be within one month of the day on

which this Act is passed.’.

Remaining New Clauses

Parliament Act 1911 in relation to sections 1 to 7

Jacob Rees-Mogg

Mr William Cash

Mr Bernard Jenkin

Mr Sam Gyimah

Steve Baker

Martin Vickers

NC3

To move the following Clause:—

‘(1)	The Parliament Act 1911 is amended as follows.

Committee of the whole House: 1 February 2011

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European Union Bill, continued

(2)	In section 2(1), after “five years” there is inserted “or a Bill amending or repealing

sections 1 to 7 of the European Union Act 2011”.’.

Annual report on Part 1 of the Act

Priti Patel

Mr Bernard Jenkin

NC7

To move the following Clause:—

‘(1)	The Prime Minister shall prepare and lay before the House each year a report on

the operation of Part 1 of this Act.

(2)	The report shall identify—

(a)	any statements made in the previous 12 months under section 5,

indicating specifically where Ministers have indicated an opinion under

section 5(3) as to whether a treaty or Article 48(6) decision falls within

section 4 of this Act, and any opinion given under section 5(4) of the Act

on the significance of the relevant provision in relation to the United

Kingdom;

(b)	any powers and competences transferred under the terms of the TEU or

TFEU from the United Kingdom to the European Union within the

previous 12 months which—

(i)

have, and

(ii)

have not

required specific authorisation under any provisions of Part 1 of this Act;

(c)	any powers and competences arising under any of the provisions of the

TEU or TFEU referred to in Part 1 of this Act which have been

repatriated to the United Kingdom from the European Union over the

previous 12 months; and

(d)	any such powers and competences which the Prime Minister seeks to

repatriate to the United Kingdom from the European Union.

(3)	The report shall also include—

(a)	an assessment of the likelihood of further transfer of such powers and

competences in the succeeding 12 months;

(b)	a cost benefit analysis of the impact on the United Kingdom of any

decisions made in the past 12 months under any of the provisions of the

TEU or TFEU powers referred to in Part 1 of this Act.’.

Repatriation of powers

Priti Patel

Mr Bernard Jenkin

NC8

To move the following Clause:—

Committee of the whole House: 1 February 2011

1475

European Union Bill, continued

‘(1)	Within twelve months of this Act receiving Royal Assent the Prime Minister will,

following a consultation, lay before the House a report providing details of the

powers and competences held by the European Union under TEU and TFEU

which the Government intends to repatriate from the European Union to the

United Kingdom.

(2)	Subsequent to the report in subsection (1) being laid before the House, a

referendum will be held within six months to request from the population of the

United Kingdom a mandate for the Government to repatriate those powers and

competences back to the United Kingdom from the European Union.

(3)	In the event that the result of the referendum in subsection (2) is affirmative,

through the provisions of Section 18, Ministers will make appropriate

arrangements to repatriate those powers and competences from the European

Union to the United Kingdom.

(4)	Subsequent to the arrangements made under subsection (3), Ministers of the

Crown will negotiate the necessary amendments and revisions to TEU, TFEU and

European Union laws with the European Union for a period of not more than

twelve months.

(5)	In the event that the negotiations referred to in subsection (4) do not result in the

appropriate amendments and revisions to fulfil the recommendations of the report

in subsection (1) and ratified by referendum in subsection (2), Ministers of the

Crown will prepare a Bill (“The Repatriation of Powers Bill”) to present to

Parliament to ensure those powers and competences specified in the report in

subsection (1) are repatriated from the European Union to the United Kingdom.

(6)	The period of twelve months in subsection (4) can be extended for a further six

month period by Order of both Houses through the affirmative resolution

procedure.’.

European Union Referendum Committee

Edward Miliband

Mr Douglas Alexander

Mr Wayne David

NC9

To move the following Clause:—

‘(1)	There shall be a Committee, to be known as the European Union Referendum

Committee, to examine—

(a)	any amendment of the Treaty on the European Union or the Treaty on the

Functioning of the European Union, whether by simplified or ordinary

revision procedure;

(b)	any decision already provided for in those treaties, as set out in Schedule

1 to this Act;

(c)	any treaty or Article 48(6) decision as defined in section 4 of this Act; and

(d)	any decision as set out in section 6(2) or 6(4) of this Act.

(2)	The Committee shall report to Parliament in respect of each such treaty

amendment or decision as to—

(a)	whether it involves a significant transfer of power or competence, and if

so

(b)	whether it requires a referendum to be held.

Committee of the whole House: 1 February 2011

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European Union Bill, continued

(3)	When the Committee has reported its view as to whether or not a referendum is

required, a Motion shall be moved in each House of Parliament to give effect to

that recommendation.

(4)	If both Houses agree to recommend a referendum, a referendum shall be held

accordingly.

(5)	The Committee shall consist of no more than 19 Members, drawn from both

Houses of Parliament, none of whom shall be Ministers of the Crown.

(6)	The members of the Committee shall be nominated by the Speaker of the House

of Commons and the Lord Speaker of the House of Lords respectively, in

accordance with the Standing Orders or Resolutions of their respective Houses,

and subject to the approval of their respective Houses.

(7)	Members of each House shall be members of the Committee until discharged by

their House or if they cease to be a Member of that House or if they become a

Minister of the Crown.

(8)	The Committee shall elect a Chair from among those of its members who sit in

the House of Commons.

(9)	The Committee may determine its own procedure, which shall be broadly in line

with that followed by Joint Committees of the two Houses.’.

Definition of ‘power’

Mr William Cash

NC10

To move the following Clause:—

‘In this Act “power” includes the making of any provision establishing, creating,

transferring, altering or allocating responsibilities or relationships between

Member States.’.

Provision for further referendum

Mr Peter Bone

Kate Hoey

Mr Philip Hollobone

Mr Douglas Carswell

Philip Davies

Mr David Nuttall

NC11

To move the following Clause:—

‘In order to meet the referendum condition referred to in section 2, section 3 and

section 6 of this Act, the Act providing for the approval of—

(a)	a treaty under the terms of section 2; or

(b)	a decision under the terms of section 3; or

(c)	a decision or draft decision under section 6

Committee of the whole House: 1 February 2011

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European Union Bill, continued

shall also provide for a further binding referendum to be held on continuing

United Kingdom membership of the European Union, if the majority of those

voting in a referendum held under the terms of the relevant section are opposed

to the ratification of the treaty, decision or draft decision, as the case may be.’.

Jacob Rees-Mogg

Mr William Cash

Mr Bernard Jenkin

Mr Sam Gyimah

Steve Baker

Martin Vickers

42

Title,  line  6,  after ‘Community’, insert ‘to amend the Parliament Act 1911 in relation to

certain provisions on such treaties;’.

Order of the House [7 DECember 2010]

That the following provisions shall apply to the European Union Bill:

Committal

1.	The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on consideration and Third Reading

2.	Proceedings in Committee, any proceedings on consideration and

proceedings on Third Reading shall be completed in five days.

3.	The proceedings shall be taken in the order shown in the first column of the

following Table.

4.	The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

TABLE

	Proceedings	Time for conclusion of proceedings
	Clause 18, new Clauses relating to	The moment of interruption on the first
	Clause 18, new Schedules relating to	day.
	Clause 18.
	Clauses 1 to 5, new Clauses relating to	The moment of interruption on the
	any of Clauses 1 to 5, new Schedules	second day.
	relating to any of Clauses 1 to 5.
	Clause 6, Schedule 1, new Clauses	90 minutes before the moment of
	relating to Clause 6 or Schedule 1, new	interruption on the third day.
	Schedules relating to Clause 6 or
	Schedule 1.
	Clauses 11 to 13, new Clauses relating	The moment of interruption on the third
	to any of Clauses 11 to 13, new	day.
	Schedules relating to any of Clauses 11
	to 13.
	Clauses 7 to 10, new Clauses relating to	The moment of interruption on the
	any of Clauses 7 to 10, new Schedules	fourth day.
	relating to any of Clauses 7 to 10,
	Clause 14, new Clauses relating to
	Clause 14, new Schedules relating to
	Clause 14.
	Clauses 15 to 17, Schedule 2, new	Two hours before the moment of
	Clauses relating to Part 2, new	interruption on the fifth day.
	Schedules relating to Part 2, Clauses 19
	to 22, remaining new Clauses,
	remaining new Schedules, remaining
	proceedings in Committee.
	Any proceedings on consideration,	The moment of interruption on the fifth
	proceedings on Third Reading.	day.

Committee of the whole House: 1 February 2011

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European Union Bill, continued

5.	Standing Order No. 83B (programming committees) shall not apply to

proceedings in Committee, to any proceedings on consideration or to

proceedings on Third Reading.

Other Proceedings

6.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

EUROPEAN UNION BILL (PROGRAMME) (NO.2)

Secretary William Hague

That the Order of 7 December 2010 (European Union Bill (Programme)) be varied as

follows:

1.	In paragraph 2, for ‘five days’ there shall be substituted ‘six days’.

2.	In paragraph 4, in the Table, for the entries relating to the proceedings

required (so far as not previously concluded) to be brought to a conclusion on

the fifth day there shall be substituted the following:

	‘Proceedings	Time for conclusion
	Clauses 15 to 17, Schedule 2, new	The moment of interruption on the
	Clauses relating to Part 2, new	fifth day.
	Schedules relating to Part 2,
	Clauses 19 to 22, remaining new
	Clauses, remaining new Schedules,
	remaining proceedings in
	Committee.
	Any proceedings on consideration.	Two hours before the moment of
		interruption on the sixth day.
	Proceedings on Third Reading.	Two hours after the commencement
		of proceedings on Third Reading or
		at the moment of interruption on the
		sixth day, whichever is earlier.’.

Committee of the whole House: 1 February 2011

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European Union Bill, continued

© Parliamentary copyright	Revised 1 February 2011