Committee of the whole House: 25 January 2011

1440

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: 25 January 2011

1441

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: 25 January 2011

1442

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 any of 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: 25 January 2011

1443

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: 25 January 2011

1444

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

Committee of the whole House: 25 January 2011

1445

European Union Bill, continued

(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:—

‘(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.

Committee of the whole House: 25 January 2011

1446

European Union Bill, continued

(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.

(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.’.

© Parliamentary copyright	Revised 25 January 2011