Formal Minutes
Wednesday 19 March 2014
Members present:
Mr William Cash, in the Chair
| Andrew Bingham
Michael Connarty
Mr James Clappison
Geraint Davies
Stephen Gilbert
Chris Heaton-Harris
| | Kelvin Hopkins
Chris Kelly
Stephen Phillips
Jacob Rees-Mogg
Henry Smith
Mr Michael Thornton
|
****
Draft Report (The application of the EU Charter
of Fundamental Rights in the UK) proposed by the Chair, brought
up and read.
Motion made, and Question proposed, That the draft
Report be read a second time, paragraph by paragraph.—(The
Chair.)
Amendment proposed, to leave out from "That"
to the end of the Question and add "this Committee declines
to read the Report a second time because the conclusions do not
reflect the balance of evidence taken by the Committee".—(Michael
Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 4 Noes, 8
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Mr James Clappison
|
| Stephen Gilbert | Chris Heaton-Harris
|
| Mr Michael Thornton | Kelvin Hopkins
|
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Main Question put and agreed to.
Ordered, That the Chair's draft Report be read a second
time, paragraph by paragraph.
Paragraphs 1 to 13 read and agreed to.
Paragraph 14 read, amended and agreed to.
Paragraphs 15 to 17 read and agreed to.
Paragraph 18 read, amended and agreed to.
Paragraphs 19 to 62 read and agreed to.
Paragraph 63 read, amended and agreed to.
Paragraphs 64 to 86 read and agreed to.
Paragraph 87 read, amended and agreed to.
Paragraphs 88 to 106 read and agreed to.
Paragraph 107 read.
Amendment proposed, in line 1, to leave out "We"
and insert "The Chairman".—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 1 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Mr James Clappison |
| Chris Heaton-Harris |
| Chris Kelly |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Paragraph agreed to.
Paragraph 108 read, amended and agreed to.
Paragraphs 109 to 114 read and agreed to.
Paragraph 115 read, amended and agreed to.
Paragraphs 116 to 125 read and agreed to.
Paragraph 126 read, amended and agreed to.
Paragraphs 127 to 142 read and agreed to.
Paragraph 143 read.
Amendment proposed, in line 4, to leave out from "Charter"
to the end of the paragraph.—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 1 Noes, 10
| Michael Connarty | Andrew Bingham
|
| Mr James Clappison |
| Stephen Gilbert |
| Chris Heaton-Harris |
| Kelvin Hopkins |
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
| Mr Michael Thornton |
Question accordingly negatived.
Paragraph agreed to.
Paragraph 144 read and agreed to.
Paragraph 145 read, amended and agreed to.
Paragraph 146 read.
Amendment proposed, in line 2, to leave out from "1972"
to the end of the paragraph.—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 2 Noes, 9
| Michael Connarty | Andrew Bingham
|
| Mr Michael Thornton | Mr James Clappison
|
| Geraint Davies |
| Chris Heaton-Harris |
| Kelvin Hopkins |
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Paragraph agreed to.
Paragraph 147 read.
Question proposed, that the Committee disagrees to paragraph 147—(Michael
Connarty):—Motion, by leave, withdrawn.
Amendment proposed, in line 14, to leave out from "right"
to "Under" in line 15.—(Michael Connarty.)
Question proposed, That the Amendment be made:—Amendment,
by leave, withdrawn.
An Amendment made.
Paragraph, as amended, agreed to.
Paragraph 148 read and agreed to.
Paragraph 149 read.
Amendments made.
Amendment proposed, in line 12, to leave out from
"law" to the end of the paragraph.—(Michael
Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
An Amendment made.
Paragraph, as amended, agreed to.
Paragraphs 150 to 153 read and agreed to.
Paragraph 154 read.
An Amendment made.
Amendment proposed, in line 11, to leave out from
"Charter" to "whilst" in line 12.—(Michael
Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 1 Noes, 9
| Michael Connarty | Andrew Bingham
|
| Mr James Clappison |
| Geraint Davies |
| Chris Heaton-Harris |
| Kelvin Hopkins |
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Amendment proposed, in line 13, to leave out from "case"
to "other" in line 14.—(Michael Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
Paragraph, as amended, agreed to.
Paragraph 155 read.
Amendment proposed, in line 1, to leave out "would"
and insert "could.".—(Michael Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
Paragraph agreed to.
Paragraph 156 read.
Amendment proposed, in line 7, to leave out from
"experts" to the end of the paragraph.—(Michael
Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 1 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Mr James Clappison |
| Chris Heaton-Harris |
| Chris Kelly |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Paragraph agreed to.
Paragraph 157 read.
Amendment proposed, in line 1, to leave out "All" and
insert "Most.".—(Michael Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
An Amendment made.
Paragraph, as amended, agreed to.
Paragraph 158 read and agreed to.
Paragraph 159 read.
Amendment proposed, in line 5, to leave out from
"conjuring" to the end of the paragraph and insert
", which leads to speculation of scenarios, such as outlined
by David Anderson QC that are too far removed from the Committee's
consideration of questions relating to the Charter to be useful".—(Michael
Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 1 Noes, 7
| Michael Connarty | Andrew Bingham
|
| Mr James Clappison |
| Chris Heaton-Harris |
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Paragraph agreed to.
Paragraph 160 read.
Amendment proposed, in line 1, after "We" to insert
"do not".—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 2 Noes, 7
| Michael Connarty | Andrew Bingham
|
| Mr Michael Thornton | Mr James Clappison
|
| Chris Heaton-Harris |
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
An Amendment made.
Paragraph, as amended, agreed to.
Paragraphs 161 and 162 read and agreed to.
Paragraph 163 read, amended and agreed to.
Paragraph 164 read.
An Amendment made.
Amendment proposed, in line 10, to leave out from "confusion"
to the end of the paragraph.—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 3 Noes, 7
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Mr James Clappison
|
| Mr Michael Thornton | Chris Heaton-Harris
|
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Paragraph, as amended, agreed to.
Paragraph 165 read.
An Amendment made.
Amendment proposed, in line 3, to leave out from "Charter"
to "Private" in line 4.—(Michael Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
Amendment proposed, in line 7, to leave out from
"application" to "The" in line 9.—(Michael
Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 1 Noes, 9
| Michael Connarty | Andrew Bingham
|
| Mr James Clappison |
| Chris Heaton-Harris |
| Kelvin Hopkins |
| Chris Kelly |
| Stephen Phillips |
| Jacob Rees-Mogg |
| Henry Smith |
| Mr Michael Thornton |
Question accordingly negatived.
****
[Adjourned till Wednesday 26 March at 2.00 p.m.
Wednesday 26 March 2014
Members present:
Mr William Cash, in the Chair
| Andrew Bingham
Michael Connarty
Geraint Davies
Julie Elliott
Nia Griffith
Chris Heaton-Harris
| | Kelvin Hopkins
Chris Kelly
Jacob Rees-Mogg
Linda Riordan
Henry Smith
Mr Michael Thornton
|
****
Paragraph 165, as amended, agreed to.
Paragraph 166 read.
An Amendment made.
Amendment proposed, in line 3, to leave out from
"Act." to the end of the paragraph.—(Michael
Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
Paragraph, as amended, agreed to.
Paragraph 167 read.
Amendment proposed, in line 1, to leave out "question"
and insert "accept".—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 6 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Chris Heaton-Harris
|
| Julie Elliott | Kelvin Hopkins
|
| Nia Griffith | Chris Kelly |
| Linda Riordan | Jacob Rees-Mogg
|
| Mr Michael Thornton | Henry Smith
|
Whereupon the Chair declared himself with the Noes.
Question accordingly negatived.
Amendment proposed, in line 1, to leave out from
"and" to the second "the" in line 2.—(Michael
Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 6 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Chris Heaton-Harris
|
| Julie Elliott | Kelvin Hopkins
|
| Nia Griffith | Chris Kelly |
| Linda Riordan | Jacob Rees-Mogg
|
| Mr Michael Thornton | Henry Smith
|
Whereupon the Chair declared himself with the Noes.
Question accordingly negatived.
An Amendment made.
Amendment proposed, in line 3, to leave out from
"Craig" to the end of the paragraph and insert "The
Government must be vigilant in all cases to ensure that the ECJ
acts in line with the Charter's role as it bears on the implementation
of EU law in any state, and does not act purely as a human rights
court.".—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 3 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Julie Elliott | Chris Heaton-Harris
|
| Linda Riordan | Kelvin Hopkins
|
| Chris Kelly |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Paragraph, as amended, agreed to.
Paragraph 168 read and agreed to.
Paragraph 169 read.
Amendment proposed, in line 4, to leave out from "Government"
to "to" in line 5.—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 6 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Chris Heaton-Harris
|
| Julie Elliott | Kelvin Hopkins
|
| Nia Griffith | Chris Kelly |
| Linda Riordan | Jacob Rees-Mogg
|
| Mr Michael Thornton | Henry Smith
|
Whereupon the Chair declared himself with the Noes.
Question accordingly negatived.
An Amendment made.
Paragraph, as amended, agreed to.
Paragraph 170 read and agreed to.
Paragraph 171 read.
Question proposed, that the Committee disagrees to
paragraphs 171 and 172.—(Geraint Davies.)
Question put.
The Committee divided.
Ayes, 6 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Chris Heaton-Harris
|
| Julie Elliott | Kelvin Hopkins
|
| Nia Griffith | Chris Kelly |
| Linda Riordan | Jacob Rees-Mogg
|
| Mr Michael Thornton | Henry Smith
|
Whereupon the Chair declared himself with the Noes.
Question accordingly negatived.
Amendment proposed, in line 4, to leave out from
"highlighted" to the end of the paragraph and insert
"We urge the Government to pursue that legal challenge to
resolve this important issue at the earliest possible moment and
to report the detailed outcome of that challenge and the conclusion
it draws from the result to Parliament in an oral Ministerial
statement in the House.".—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 5 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Chris Heaton-Harris
|
| Nia Griffith | Kelvin Hopkins
|
| Linda Riordan | Chris Kelly
|
| Mr Michael Thornton | Jacob Rees-Mogg
|
| Henry Smith |
Question accordingly negatived.
Paragraph agreed to.
Paragraph 172 read, amended and agreed to.
Summary read.
Amendment proposed, in line 14, to leave out from "scope."
to the end of the paragraph.—(Michael Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 2 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Linda Riordan | Chris Heaton-Harris
|
| Kelvin Hopkins |
| Chris Kelly |
| Jacob Rees-Mogg |
| Henry Smith |
Question accordingly negatived.
Amendment proposed, in line 23, to leave out from "UK"
to "(as" in line 24.—(Michael Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
Amendment proposed, in line 26, to leave out from
"broadly" to the end of the paragraph.—(Michael
Connarty.)
Question proposed, That the Amendment be made:—Amendment
by leave, withdrawn.
Amendment proposed, in line 42, to leave out from
"Charter" to the end of the Summary.—(Michael
Connarty.)
Question put, That the Amendment be made.
The Committee divided.
Ayes, 5 Noes, 6
| Michael Connarty | Andrew Bingham
|
| Geraint Davies | Chris Heaton-Harris
|
| Nia Griffith | Kelvin Hopkins
|
| Linda Riordan | Chris Kelly
|
| Mr Michael Thornton | Jacob Rees-Mogg
|
| Henry Smith |
Question accordingly negatived.
Question put, That the Summary be agreed to.
The Committee divided.
Ayes, 6 Noes, 5
| Andrew Bingham | Michael Connarty
|
| Chris Heaton-Harris | Geraint Davies
|
| Kelvin Hopkins | Nia Griffith
|
| Chris Kelly | Linda Riordan
|
| Jacob Rees-Mogg | Mr Michael Thornton
|
| Henry Smith | |
Summary accordingly agreed to.
Amendment proposed, in the Title, to insert ": a state of
confusion" at the end.—(The Chair.)
The Committee divided.
Ayes, 6 Noes, 5
| Andrew Bingham | Michael Connarty
|
| Chris Heaton-Harris | Geraint Davies
|
| Kelvin Hopkins | Nia Griffith
|
| Chris Kelly | Linda Riordan
|
| Jacob Rees-Mogg | Mr Michael Thornton
|
| Henry Smith | |
Resolved, That the title
of the Report be changed to the following: The application
of the EU Charter of Fundamental Rights in the UK: a state of
confusion.—(The Chair.)
Question put, That the Report, as amended, be the
Forty-third Report of the Committee to the House.
The Committee divided.
Ayes, 6 Noes, 5
| Andrew Bingham | Michael Connarty
|
| Chris Heaton-Harris | Geraint Davies
|
| Kelvin Hopkins | Nia Griffith
|
| Chris Kelly | Linda Riordan
|
| Jacob Rees-Mogg | Mr Michael Thornton
|
| Henry Smith | |
Resolved, That the Report, as amended, be the Forty-third
Report of the Committee to the House.
Ordered, That the Chair make the Report to the House.
Question put, That embargoed copies of the Report be made available,
in accordance with the provisions of Standing Order No. 134.
The Committee divided.
Ayes, 6 Noes, 1
| Andrew Bingham | Geraint Davies
|
| Chris Heaton-Harris | |
| Kelvin Hopkins | |
| Chris Kelly | |
| Jacob Rees-Mogg | |
| Henry Smith | |
Ordered, That embargoed copies of the Report be made available,
in accordance with the provisions of Standing Order No. 134.
****
[Adjourned till Wednesday 2 April at 2.00 p.m.
| 
