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Committee of the whole House Proceedings: 26 January 2011    

390

 

European Union Bill, continued

 
 

‘(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

 

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

 

Not called  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

 
 

Committee of the whole House Proceedings: 26 January 2011    

391

 

European Union Bill, continued

 
 

(b)    

each House agrees to the motion without amendment.’.

 

 

Secretary William Hague

 

Agreed to  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)’.

 

Clause, as amended, Agreed to.

 

Progress reported

 
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Revised 27 January 2011