European Union (Amendment) Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Instruction of 21st April 2008, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| 17 | Page 3, line 4, at end insert— |
| "( ) | the provision of Article 42(2) of the Treaty on European Union that permits the establishment of a common European Union defence," |
| 18 | Page 3, line 7, at end insert— |
| "( ) | the provision of Article 82(2)(d) of the Treaty on the Functioning of the European Union that permits the addition of new aspects of criminal procedure to those which may be the subject of directives decided by qualified majority voting," |
| 19 | Page 3, line 7, at end insert— |
| "( ) | the provision of Article 83(1) of the Treaty on the Functioning of the European Union that permits the addition of new areas of crime which may be the subject of directives decided by qualified majority voting," |
| 20 | Page 3, line 7, at end insert— |
| "( ) | the provision of Article 86(1) of the Treaty on the Functioning of the European Union that permits the creation of a European Public Prosecutor," |
| 21 | Page 3, line 7, at end insert— |
| "( ) | the provision of Article 86(4) of the Treaty on the Functioning of the European Union that permits the extension of the powers of the European Public Prosecutor," |
| 22 | Page 3, line 20, at end insert— |
| "( ) | the provision of Article 352 of the Treaty on the Functioning of the European Union that permits the adoption of a measure necessary to attain one of the objectives set out in the European Union Treaties, in cases where those Treaties have not provided the necessary powers." |
| 23 | Page 3, line 20, at end insert— |
| "( ) | A Minister of the Crown may not vote in favour of, or otherwise support, a decision under any article of the Treaty on European Union or the Treaty on the Functioning of the European Union that relates to, or in so far as it relates to or could be applied in relation to, the merging of the office of the President of the European Council with the office of the President of the Commission unless Parliamentary approval has been given by Act of Parliament." |
| 24 | Page 3, line 21, leave out subsections (2) and (3) |
| 25 | Insert the following new Clause— |
| | "Parliamentary control of opt-ins |
| (1) | A Minister of the Crown may not commit the United Kingdom to new obligations, or alter the obligations of the United Kingdom, under the following provisions unless Parliamentary approval has been given in accordance with this section— |
| (a) | Article 3 of the Protocol on the Position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as amended and renamed by the Treaty of Lisbon, permitting a notification of the wish to take part in the adoption and application of a proposed measure pursuant to Title V of Part 3 of the Treaty on the Functioning of the European Union, |
| (b) | Article 4 of that Protocol, permitting a notification of the wish to accept a measure adopted pursuant to Title V of Part 3 of the Treaty on the Functioning of the European Union, |
| (c) | Article 4 of the Protocol on the Schengen acquis integrated into the framework of the European Union, as amended by the Treaty of Lisbon, permitting a request to take part in some or all of that acquis, |
| (d) | Article 10(5) of the Protocol on Transitional Provisions annexed to the Treaty of Lisbon, permitting a notification of the wish to participate in acts which have ceased to apply to the United Kingdom pursuant to Article 10(4) of that Protocol. |
| (2) | 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 commit the United Kingdom to new obligations, or to alter the obligations of the United Kingdom, and |
| (b) | each House agrees to the motion without amendment. |
| (3) | In this section "the Treaty on the Functioning of the European Union" means the Treaty establishing (what was then called) the European Economic Community, signed at Rome on 25th March 1957 (as amended and renamed by the Treaty of Lisbon)." |
| 26 | Insert the following new Clause— |
| (1) | Within six months of the coming into force of this Act, the Secretary of State shall lay a report before Parliament on the constitutional position of the Monarch in relation to Her people, Parliament and Ministers— |
| (a) | prior to ratification of the Treaty of Lisbon, and |
| (b) | following ratification of the Treaty of Lisbon. |
| (2) | Within one month of the laying of the report, a Minister of the Crown shall move a motion in each House of Parliament that the House approves the report. |
| (3) | In subsection (2), the reference to "one month" does not include any period of time in which the House in question is dissolved, prorogued or in recess for a period of more than four days." |
| 27 | Insert the following new Clause— |
| | "Enforcement of restrictions on jurisdiction of the Court of Justice of the European Union |
| (1) | In accordance with Article 2, paragraph 223 of the Treaty of Lisbon, and subject to the limited exceptions specified in the treaties, the Court of Justice of the European Union shall not have jurisdiction with respect to the provisions in the treaties relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions. |
| (2) | In accordance with the Annexed Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom, the Charter of Fundamental Rights of the European Union does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms. |
| (3) | A court or courts in the United Kingdom designated by the Secretary of State shall have jurisdiction to determine whether a judgment or opinion rendered by the Court of Justice of the European Union is or is not in conformity with subsections (1) or (2). |
| (4) | If a court is satisfied that the judgment or opinion is not in conformity with subsections (1) or (2), it may make a declaration of that non conformity ("a declaration of non conformity"). |
| (5) | Any judgment or opinion which has been subject to a declaration of non conformity shall not be binding in the United Kingdom and shall not be treated as a decision to which the provisions of section 3(2) of the European Communities Act 1972 applies. |
| (6) | In this section "the treaties" means— |
| (a) | the Treaty on European Union signed at Maastricht on 7th February 1992 (as amended by the Treaty of Lisbon), and |
| (b) | the Treaty establishing (what was then called) the European Economic Community, signed at Rome on 25th March 1957 (as amended and renamed by the Treaty of Lisbon)." |
| 28* | Insert the following new Clause— |
| | "Report on impact on the United Kingdom of European Court rulings regarding provisions of Treaty of Lisbon |
| (1) | Her Majesty's Government shall lay before Parliament an annual report setting out all judgments on the provisions of the Treaty of Lisbon made by the Court of Justice of the European Union in the preceding year, along withan assessment of the impact of those judgments on the United Kingdom. |
| (2) | The report shall also set out those judgments of the European Court of Human Rights made in the same period that affect the provisions of the Treaty of Lisbon, along with an assessment of the impact of those judgments on the United Kingdom. |
| (3) | The first of these reports shall be laid one year after the Treaty of Libson enters into force." |
| 29* | Page 4, line 2, leave out "Section 3" and insert "Sections 1 to 6" |
| 30* | Page 4, line 3, at end insert— |
| "(1A) | An order under subsection (1) shall not be made unless an affirmative answer has been given to the question specified in subsection (5) in a referendum held in accordance with subsections (4) to (9)." |
| 31* | Page 4, line 4, at beginning insert "In so far as it relates to section 3 (or the Schedule)" |
| 32* | Page 4, line 8, at end insert— |
| "(4) | Within six months of the passing of this Act, a referendum shall be held throughout the United Kingdom and Gibraltar on a day specified by an order made by a Minister of the Crown. |
| (5) | The question to be asked in the referendum is— |
| | "Should the United Kingdom approve the Lisbon Treaty? |
| (6) | A Minister of the Crown may by order make provision in relation to the referendum which— |
| (a) | determines the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 (c. 41); |
| (b) | requires ballot papers to be used by voters in Wales, after having set out the question and the possible answers in English, to set them out again, with equal prominence, in Welsh; and |
| (c) | makes provision as to— |
| (i) | the conduct of the referendum, |
| (ii) | entitlement to vote in the referendum, and |
| (iii) | legal challenge to the referendum result. |
| (7) | The question to be asked in the referendum in Welsh is— |
| | "A ddylai'r Deyrnas Gyfunol gymeradwyo Cytundeb Libson? |
| (8) | An order made under subsection (4) or (6) shall be made by statutory instrument. |
| (9) | A statutory instrument containing an order under subsection (4) or (6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament." |
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