Committee of the whole House: 24 January 2011

1421

European Union Bill, continued

Mr William Cash

Mr Bernard Jenkin

Mr Richard Shepherd

98

Clause  9,  page  7,  leave out lines 37 to 44.

Mr William Cash

Mr Richard Shepherd

Mr James Clappison

Mr Bernard Jenkin

Mr Peter Bone

Mr Nigel Dodds

47

Clause  9,  page  7,  line  44,  at end insert—

‘(d)	the provision of Article 83(2) of TFEU (harmonisation of criminal

offences and sanctions) that permits the establishment by directive of

minimum rules with regard to the definition of criminal offences and

sanctions in an area subject to harmonisation measures by the same

ordinary or special legislative procedure as was followed for the adoption

of the harmonisation measures in question.’.

Chris Heaton-Harris

Mr Peter Bone

28

Clause  9,  page  8,  line  1,  at end insert—

‘(3A)

Subject to subsection (3B), a Minister of the Crown may not vote in favour of or

otherwise support a decision under Article 4 of the Schengen Protocol that would

cause the United Kingdom to participate in further provisions of the Schengen

acquis, unless a Minister of the Crown has given an oral statement to the Chamber

of the House of Commons on Her Majesty’s Government’s intention to support

the draft decision.

(3B)	Subsection (3A) does not apply to a decision that falls under section 6(4)(k).

(3C)	In subsection (3A), “the Schengen Protocol” has the same meaning as that given

in section 6(5).’.

Chris Heaton-Harris

Mr Peter Bone

29

Clause  9,  page  8,  line  1,  at end insert—

‘(3D)

A Minister of the Crown may not permit the United Kingdom’s participation in

the final adoption of a measure building upon the Schengen acquis unless a

Minister of the Crown has given an oral statement to the Chamber of the House

of Commons on Her Majesty’s Government’s intention that the United Kingdom

will participate in final adoption of the measure.’.

Chris Heaton-Harris

Mr Peter Bone

30

Clause  9,  page  8,  line  3,  leave out from ‘under’ to end of line 5 and insert ‘any of

the following unless the draft decision has been approved by Act of Parliament—

(a)	the provision of Article 77(3) of TFEU that permits the adoption of

provisions concerning passports, identity cards, residence permits or any

other such document;

Committee of the whole House: 24 January 2011

1422

European Union Bill, continued

(b)	the provision of Article 81(3) of TFEU that permits the adoption of

measures concerning family law with cross-border implications through

a special legislative procedure;

(c)	the provision of Article 87(3) of TFEU that permits the adoption of

measures concerning operational co-operation between the authorities

referred to in Article 87 of TFEU;

(d)	the provision of Article 89 of TFEU on the operation of certain

competent authorities of a member State in the territory of another

member State.’.

Chris Heaton-Harris

Mr Peter Bone

31

Clause  9,  page  8,  line  7,  leave out from ‘measure’ to end of line 16 and insert

‘unless the notification in respect of the measure has been approved by Act of Parliament;

but this provision shall not apply to a notification in relation to—

(a)	a measure extending the powers of Eurojust to include the initiation of

criminal investigations;

(b)	a measure adopted under Article 81(3) of TFEU (family law) that

determines those aspects of family law with cross-border implications

that may be subject to the ordinary legislative procedure;

(c)	a measure adopted under Article 82(2)(d) of TFEU (minimum rules on

criminal procedure) that identifies a further specific aspect or aspects of

criminal procedure to which directives adopted under the ordinary

legislative procedure may relate;

(d)	a measure adopted under Article 83(1) of TFEU (particularly serious

crime with a cross-border dimension) that identifies a further area or

areas of crime to which directives adopted under the ordinary legislative

procedure may relate.’.

Chris Heaton-Harris

Mr Peter Bone

32

Clause  9,  page  8,  line  16,  at end add—

‘(7)	A Minister of the Crown shall give a notification by 1 June 2014, under Article

10(4) of Protocol (No. 36) on Transitional Provisions annexed to TEU and TFEU,

that the United Kingdom does not accept, with respect to acts of the EU in the

field of police co-operation and judicial co-operation in criminal matters to which

Article 10(4) of that Protocol applies, the powers of the EU institutions referred

to in Article 10(1) of that Protocol as set out in the EU Treaties, unless a Minister

of the Crown has given an oral statement to the Chamber of the House of

Commons on Her Majesty’s Government’s intention that the United Kingdom

will accept the powers of those EU institutions as set out in the EU Treaties in

respect of the aforementioned acts of the EU.

(8)	An oral statement referred to in subsection (7) shall not prevent a Minister of the

Crown giving a notification under Article 10(4) of Protocol (No. 36) on

Transitional Provisions annexed to TEU and TFEU that the United Kingdom does

not accept, with respect to acts of the EU in the field of police co-operation and

judicial co-operation in criminal matters to which Article 10(4) of that Protocol

applies, the powers of the EU institutions referred to in Article 10(1) of that

Protocol as set out in the EU Treaties.’.

Committee of the whole House: 24 January 2011

1423

European Union Bill, continued

Chris Heaton-Harris

Mr Peter Bone

33

Clause  9,  page  8,  line  16,  at end add—

‘(7)	A Minister of the Crown may not give a notification under Article 10(5) of

Protocol (No. 36) on Transitional Provisions annexed to TEU and TFEU that the

United Kingdom wishes to participate in an act that has ceased to apply to it

pursuant to Article 10(4) of that Protocol, where the AFSJ Protocol would apply

to the procedure for dealing with the notification, unless a Minister of the Crown

has given an oral statement to the Chamber of the House of Commons on Her

Majesty’s Government’s intention to give the notification.’.

Chris Heaton-Harris

Mr Peter Bone

34

Clause  9,  page  8,  line  16,  at end add—

‘(7)	A Minister of the Crown may not give a notification under Article 3 or 4 of the

AFSJ Protocol that the United Kingdom wishes to take part in the adoption and

application of a measure, or to accept a measure, to which this subsection applies

unless—

(a)	the notification is approved by Act of Parliament; and

(b)	the referendum condition is met.

(8)	The referendum condition is that set out in section 3(2), with references to a

decision being read for the purposes of subsection (7) as references to a

notification.

(9)	Subsection (7) applies to a measure that includes, at the time of notification by a

Minister of the Crown under Article 3 or 4 of the AFSJ Protocol, the extension of

the powers of Eurojust to include the initiation of criminal investigations.’.

Chris Heaton-Harris

Mr Peter Bone

35

Clause  9,  page  8,  line  16,  at end add—

‘(7)	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—

(a)	the notification is approved by Act of Parliament; and

(b)	the referendum condition is met.

(8)	The referendum condition is that set out in section 3(2), with references to a

decision being read for the purposes of subsection (7) as references to a

notification.

(9)	Subsection (7) applies to the following—

(a)	a measure adopted under Article 81(3) of TFEU (family law) that

determines those aspects of family law with cross-border implications

that may be subject to the ordinary legislative procedure;

(b)	a measure adopted under Article 82(2)(d) of TFEU (minimum rules on

criminal procedure) that identifies a futher specific aspect or aspects of

criminal procedure to which directives adopted under the ordinary

legislative procedure may relate; and

(c)	a measure adopted under Article 83(1) of TFEU (particularly serious

crime with a cross-border dimension) that identifies a further area or

areas of crime to which directives adopted under the ordinary legislative

procedure may relate.’.

Committee of the whole House: 24 January 2011

1424

European Union Bill, continued

Chris Heaton-Harris

Mr Peter Bone

39

Clause  9,  page  8,  line  16,  at end add—

‘(7)	In addition to the approval required in accordance with subsection (1) or (4), as

the case may be, a Minister of the Crown may not give a notification under Article

3 or 4 of the AFSJ Protocol that the United Kingdom wishes to take part in the

adoption and application of a measure, or to accept a measure, to which this

subsection applies unless—

(a)	the previous decision by virtue of which that measure is proposed or was

established has been approved by Act of Parliament; and

(b)	the referendum condition in relation to that previous decision has been

met.

(8)	The referendum condition is that set out in section 3(2), with references to a

decision being read for the purposes of subsection (7) as references to a previous

decision.

(9)	Subsection (7) applies to a measure proposed or established under Article 82(2)

or 83(1) of TFEU by virtue of either—

(a)	a previous decision, in which the United Kingdom does not participate,

adopted under Article 82(2)(d) of TFEU that identifies a further specific

aspect or aspects of criminal procedure to which directives adopted under

the ordinary legislative procedure may relate;

(b)	a previous decision, in which the United Kingdom does not participate,

adopted under Article 83(1) of TFEU that identifies a further area or

areas of crime to which directives adopted under the ordinary legislative

procedure may relate.’.

Mr Bernard Jenkin

Mr William Cash

Priti Patel

Richard Drax

Mr James Clappison

82

Clause  9,  page  8,  line  16,  at end add—

‘(6A)

A Minister of the Crown may not make a formal decision as to whether to

exercise the right of the United Kingdom to make a notification to the Council

under the terms of article 10(4) of the Protocol (No 36) on Transitional Provisions

annexed to TEU and TFEU, unless—

(a)	the decision is approved by Act of Parliament, and

(b)	the referendum condition is met.

(6B)	The referendum condition is that set out in section 3(2).’.

Mr Bernard Jenkin

Mr William Cash

Priti Patel

Richard Drax

Mr James Clappison

83

Clause  9,  page  8,  line  16,  at end add—

‘(6C)

A Minister of the Crown may not make a formal decision as to whether to

exercise the right of the United Kingdom to make a notification to the Council

under the terms of article 10(4) of the Protocol (No 36) on Transitional Provisions

annexed to TEU and TFEU, unless the decision is approved by Act of

Parliament.’.

Committee of the whole House: 24 January 2011

1425

European Union Bill, continued

Mr Bernard Jenkin

Mr William Cash

Priti Patel

Richard Drax

Mr James Clappison

84

Clause  9,  page  8,  line  16,  at end add—

‘(6D)

A Minister of the Crown may not give a notification under Article 10(5) of

Protocol (No 36) on Transitional Provisions annexed to TEU and TFEU that the

United Kingdom wishes to participate in an Act that has ceased to apply to it

pursuant to Article 10(4) of that Protocol, unless the notification in respect of the

Act has been approved by Act of Parliament.’.

Chris Heaton-Harris

Mr Peter Bone

25

Clause  10,  page  8,  line  34,  leave out subsection (2).

New Clauses relating to Clauses 7 to 10

Approval required in connection with Title V

Mr William Cash

Mr Richard Shepherd

Mr James Clappison

Mr Bernard Jenkin

Mr Peter Bone

Mr Brian Binley

NC5

To move the following Clause:—

‘(1)	A Minister of the Crown may not give a notification to which this subsection

applies unless Parliamentary approval has been given in accordance with

subsection (3).

(2)	Subsection (1) applies in relation to a notification under Article 3 of Protocol (No.

21) on the position of the United Kingdom and Ireland in respect of the area of

freedom, security and justice annexed to TEU and TFEU (the “AFSJ Protocol”)

and Article 4 of the Protocol integrating the Schengen acquis that the United

Kingdom wishes to take part in the adoption and application of any measure

proposed under Title V.

(3)	Parliamentary approval is given if—

(a)	in each House of Parliament a Minister of the Crown moves a motion that

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

notification in respect of a specified measure, and

(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

Committee of the whole House: 24 January 2011

1426

European Union Bill, continued

provision falling within Title V unless the draft decision is approved by Act of

Parliament.

(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 unless the

notification in respect of the measure has been approved by Act of Parliament.’.

Decisions under Article 114 of TFEU

Mr William Cash

Mr Richard Shepherd

Mr James Clappison

Mr Bernard Jenkin

Mr Brian Binley

Mr Nigel Dodds

NC6

To move the following Clause:—

‘(1)	A Minister of the Crown may not vote in favour of or otherwise support an Article

114 decision unless one of subsections (3) and (4) is complied with in relation to

the draft decision.

(2)	An Article 114 decision is a decision under the provision of Article 114 of TFEU

that permits the adoption of measures for the approximation of provisions laid

down in Member States in relation to the establishment and functioning of the

internal market.

(3)	This subsection is complied with if a draft decision is approved by Act of

Parliament.

(4)	This subsection is complied with if—

(a)	in each House of Parliament a Minister of the Crown moves a motion that

the House approves Her Majesty’s Government’s intention to support a

specified draft decision and is of the opinion that the measure to which it

relates is required as a matter of urgency, and

(b)	each House agrees to the motion without amendment.’.

Secretary William Hague

59

Clause  14,  page  10,  line  12,  leave out from ‘treaty’ to end of line 15 and insert ‘that

is subject to a requirement imposed by Part 1 of the European Union Act 2011

(restrictions on treaties and decisions relating to EU)’.

Committee of the whole House: 24 January 2011

1427

European Union Bill, continued

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.

(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

© Parliamentary copyright	Revised 24 January 2011