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393

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 1 February 2011

 

Committee of the whole House

 

Proceedings

 

European Union Bill


 

[Fifth day]


 

Clauses 15 to 17 Agreed to.

 

Schedule 2 Agreed to.

 

Clauses 19 and 20 Agreed to.

 

Mr Bernard Jenkin

 

Mr William Cash

 

Mr James Clappison

 

Kate Hoey

 

Mr Douglas Carswell

 

Withdrawn  15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.’.

 

Clause Agreed to.

 

Clause 22 Agreed to.

 


 

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

 

Not selected  NC3

 

To move the following Clause:—


 
 

Committee of the whole House Proceedings: 1 February 2011    

394

 

European Union Bill, continued

 
 

‘(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

 

Withdrawn  NC7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

 

Not selected  NC8

 

To move the following Clause:—


 
 

Committee of the whole House Proceedings: 1 February 2011    

395

 

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

 

Not selected  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 Proceedings: 1 February 2011    

396

 

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

 

Not selected  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

 

Negatived on division  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 Proceedings: 1 February 2011    

397

 

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

 

Not selected  42

 

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

 

certain provisions on such treaties;’.

 

Bill, as amended, to be reported.

 


 
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Revised 2 February 2011