European Union (Amendment) Bill
REVISED
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.
| 1* | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 1, paragraph 30, inserted Article 13a TEU, paragraphs 1, 2 and 3, on the role of the High Representative in preparing the common foreign and security policy and the conduct of the common foreign and security policy, unless binding arrangements have been made for the Secretary of State to report to Parliament, at least annually following the coming into force of this Act, on his assessment of the objectives and conduct of the common European Union foreign policy in the preceding year; and |
| 2 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 49(c), inserting new paragraphs 2 and 3 in Article 37 TEC (TFEU), on implementing and pursuing the objectives of the common agricultural policy (CAP) and common fisheries policy, unless the Secretary of State has— |
| (a) | laid a statement before Parliament, setting out his objectives for achieving as soon as possible comprehensive reform of the CAP and of the common fisheries policy, together with his assessment of the level of support for those objectives in the EU; |
| (b) | undertaken to lay a similar statement before Parliament annually; and |
| (c) | those objectives and the timetable for their intended implementation have been approved by affirmative resolution of both Houses of Parliament; and |
| 3 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, relating to border checks, asylum and immigration; and |
| 4 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 62 TEC (TFEU), paragraph 1(a), unless the Secretary of State has laid, and undertakes to lay annually thereafter, a statement before Parliament, declaring to what extent he is satisfied with the provision for and effectiveness of the external border controls of each Member State of the EU and that the absence or proposed absence of any controls on persons crossing internal borders does not constitute a threat to the security of the United Kingdom and its citizens; and that statement has been approved by affirmative resolution of both Houses of Parliament; and |
| 5 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 63 TEC (TFEU), paragraphs 2(a), (c), (d) and (g), relating to the status, protection and non-refoulement of third-country nationals, unless and until the Secretary of State has laid a statement before Parliament, explaining why any past objections made by Her Majesty's Government to the inclusion of these provisions in the Treaty no longer apply; and that statement has been approved by affirmative resolution of both Houses of Parliament; and |
| 6 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 161(a), inserted Article 188D TEC (TFEU), the words "Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union's external action"; and |
| 7 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 166(a), inserted Article 188H TEC (TFEU), the words "Such measures shall be consistent with the development of the Union and shall be carried out within the framework of the principles and objectives of its external action"; and |
| 8 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 167, inserted Article 188I TEC (TFEU), relating to the procedure for adopting decisions on urgent financial assistance in respect of a situation in a third country; and |
| 9 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 168, inserted Article 188J TEC (TFEU), paragraph 1, the words "The Union's operations in the field of humanitarian aid shall be conducted within the framework of the principles and objectives of the external action of the Union"; and |
| 10 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 168, inserted Article 188J TEC (TFEU), paragraph 3, relating to the legislative procedure for the framework for humanitarian aid operations; and |
| 11 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 168, inserted Article 188J TEC (TFEU), paragraph 5, relating to a European Voluntary Humanitarian Aid Corps; and |
| 12 | Page 1, line 12, after "excluding" insert— |
| "(i) | any provision that gives Her Majesty's Government authority to agree to pay, or to pay, any financial penalty imposed as a result of a decision by Her Majesty's Government not to opt in, or to opt out of, any provision, unless the Secretary of State has given a binding undertaking to Parliament that he will make no such payment unless he has laid a statement before Parliament setting out a schedule of such penalty or penalties and payment has been approved by an affirmative resolution of the House of Commons; and |
| 13 | Page 1, line 12, after "excluding" insert— |
| "(i) | any provision that amends the position of President of the European Council unless the Secetary of State has laid, and undertakes to lay annually thereafter, a statement before Parliament, explaining the powers, duties and role of the President of the European Council, and |
| 14 | Insert the following new Clause— |
| (1) | The Secretary of State shall lay before Parliament a report on— |
| (a) | the economic costs and benefits to the United Kingdom of implementing the provisions of the Treaty of Lisbon, and |
| (b) | a comparison of the economic costs and benefits of the United Kingdom's membership of the European Union before and after the implementation of the provisions 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." |
| 15 | [Re-tabled as amendment 26] |
| 16 | Page 2, line 39, leave out from "Crown" to end of line 41 and insert "shall vote against or otherwise reject a decision under any of the following unless Parliamentary approval has been given by Act of Parliament—" |
| 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 Stateshall 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." |
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