European Union (Amendment) Bill
FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 21st April 2008, as follows—
Clauses 2 and 3
The Schedule | Clauses 4 to 8 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 70 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 147, inserted Article 176A TEC (TFEU), relating to energy; and |
| 71 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 158, inserted Article 188C TEC (TFEU), relating to the common commercial policy; and |
| 72 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 158, inserted Article 188C TEC (TFEU), paragraph 1, the words "and services and the commercial aspects of intellectual property, foreign direct investment"; and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 79 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 230, amending Article 246 TEC (TFEU), relating to the Court of Auditors, and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 80 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 243, inserted Article 254a TEC (TFEU), paragraph 2; |
| (ii) | Article 2, paragraph 282, amended Article 283 TEC (TFEU); and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 80A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 257, amended Article 268 (TFEU), new paragraph 6, relating to countering fraud and other illegal activities affecting the financial interests of the Union; and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 83A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 289, replacement Article 308 TEC (TFEU) on procedures for authorising action by the Union to attain one of the objectives of the Treaties where the Treaties have not provided the necessary powers; and |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH |
| 84 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol on the role of National Parliaments in the European Union; and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 85 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 7 of the Annexed Protocol on the role of National Parliaments in the European Union, relating to the reports of the Court of Auditors, and |
| 86 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol on the Internal Market and Competition, and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 87 | Page 1, line 12, after "excluding" insert— |
| "(i) | the Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom— |
| (a) | Preamble, tenth paragraph stating that references in the Protocol to the operation of specific provisions of the Charter are strictly without prejudice to the operation of other provisions of the Charter; and |
| (b) | Preamble, twelfth paragraph, stating that the Protocol is without prejudice to other obligations devolving upon Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union, and Union law generally; and |
| 87A | Page 1, line 12, after "excluding", insert— |
| "(i) | the Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom, Preamble, eleventh paragraph stating that the Protocol is without prejudice to the application of the Charter to other Member States; and |
| 88 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom, Preamble, twelfth paragraph, stating that the Protocol is without prejudice to other obligations devolving upon the UK under Union law; and |
| 89 | Page 1, line 12, after "excluding" insert— |
| "(i) | the words "Title IV of" in Article 1, paragraph 2, of the Annexed Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom; and |
| 91 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol No. 1 Amending the Protocols Annexed to the Treaty on European Union, to the Treaty, establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community, Article 1, paragraph 20(h), relating to the application to the United Kingdom and Ireland of measures relating to the free movement of persons, services and capital; and |
| 94 | 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; and |
| 100 | Page 1, line 12, leave out "any" and insert— |
| "(i) | Article 1, paragraph 47(d), the amendment to Article 28 TEU, paragraph 3, relating to the financing of initatives in the framework of the Common Foreign and Security Policy; and |
| 101 | Page 1, line 12, leave out "any" and insert— |
| "(i) | Article 1, paragraph 49(c), amendments to inserted Article 28A TEU, paragraph 3, relating to Member States making civilian and military capabilities available to the Union for the implementation of the common security and defence policy; and |
| 105 | Page 1, line 13, after second "to" insert— |
| "(i) | extending the use of qualified majority voting in the Council of Ministers and the European Council; and |
| 106 | Page 1, line 13, after second "to" insert— |
| "(i) | the categories and areas of EU competence; and |
| 109 | Page 1, line 13, after second "to" insert— |
| "(i) | the Common Security and Defence Policy; and |
| 111 | Insert the following new Clause— |
| | "Foreign policy: independence |
| 3 | Nothing in this Act or the Treaty of Lisbon shall be taken as restricting the freedom of the United Kingdom government to pursue an independent foreign policy, or to represent that view at the United Nations." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 111] |
| 112 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 113 | Insert the following new Clause— |
| | "Common European Union foreign policy: changes in policy |
| 3 | Nothing in this Act or the Treaty of Lisbon shall be taken as binding a United Kingdom government to maintain support for a common EU foreign policy previously agreed by a United Kingdom government." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 113] |
| 114 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 115 | Insert the following new Clause— |
| | "United Kingdom courts: independence |
| 3 | Nothing in this Act or the Treaty of Lisbon shall be taken as requiring United Kingdom courts to enforce judgements of the European Court of Justice relating to civil or criminal law or police and judicial processes that run counter to laws passed by the United Kingdom Parliament." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 115] |
| 116 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 117 | Insert the following new Clause— |
| | "Charter of Fundamental Rights: legal status |
| 3 | Nothing in this Act or the Treaty of Lisbon shall be taken as giving legal status in United Kingdom courts and proceedings to the Charter of Fundamental Rights or to any Court proceedings outside the United Kingdom based upon the Charter." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 117] |
| 118 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 119 | Insert the following new Clause— |
| | "Control and management of energy supply |
| 3 | Nothing in this Act or the Treaty of Lisbon shall be taken as limiting the sole right of the United Kingdom government to take decisions regarding the control and management of the United Kingdom's energy supply." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 119] |
| 120 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 121 | Insert the following new Clause— |
| | "Supremacy of United Kingdom Parliament |
| 3 | Nothing in this Act or the Treaty of Lisbon shall affect or be construed by any court in the United Kingdom as affecting the supremacy of the United Kingdom Parliament to make or unmake laws or regulations applicable in the United Kingdom." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 121] |
| 122 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 123 | Insert the following new Clause— |
| | "Regulations: authority of United Kingdom Parliament |
| 3 | Nothing in this Act or the Treaty of Lisbon shall be taken as limiting the authority of the United Kingdom parliament to determine what regulations shall apply to business activities within the United Kingdom; and no regulation arising from the Treaty of Lisbon shall have effect unless authorised by the United Kingdom parliament." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 123] |
| 124 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 125 | Insert the following new Clause— |
| | "European Union objectives: application to the United Kingdom |
| 3 | Nothing in this Act or the Treaty of Lisbon shall be taken as giving any EU institution the power or authority to determine whether any United Kingdom law or any action of the United Kingdom government within the United Kingdom conforms with the objectives set out in Article 3(3) of the Treaty on European Union (replacing Article 2 of the Treaty on European Union)." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH
[As an amendment to amendment 125] |
| 126 | Line 3, at beginning insert "Notwithstanding any provision of the European Communities Act 1972 (c. 68)," |
| 127 | Insert the following new Clause— |
| | "Jurisdiction to interpret Treaty of Lisbon |
| (1) | A person resident in the United Kingdom ("the applicant") may apply to the High Court for a declaration on any question of interpretation of the Treaty of Lisbon, notwithstanding the absence of any need to determine the rights or liabilities of the applicant. |
| (2) | Persons to whom subsection (1) applies include— |
| (a) | a Minister of the Crown; |
| (b) | a Minister of the Scottish Executive; |
| (d) | a Minister of the Northern Ireland Executive. |
| (3) | An interpretation of the Treaty of Lisbon made on an application brought under this section shall be consistent with the interpretation given to the Treaty by the United Kingdom Parliament at the time of the passing of this Act. |
| (4) | No application shall be brought under this section unless the leave of the High Court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates. |
| (5) | Applications brought under this section may be transferred to the Administrative Court and shall be dealt with in accordance with Civil Procedure Rules. |
| (6) | An appeal against a declaration given in accordance with this section may be made to the Court of Appeal and from that Court to the Supreme Court." |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH |
| 128 | Insert the following new Clause— |
| | "Deployment of European Gendarmerie Force: parliamentary approval |
| | Notwithstanding any provision of the European Communities Act 1972 (c. 68), nothing in this Act or the Treaty of Lisbon shall be taken as requiring the United Kingdom Government to permit the deployment of the European Gendarmerie Force in the United Kingdom without the consent of the United Kingdom Parliament." |
| 129 | Insert the following new Clause— |
| | Notwithstanding any provision of the European Communities Act 1972 (c. 68), nothing in this Act or in the Treaty of Lisbon shall create an offence of xenophobia under which United Kingdom citizens may be prosecuted in the United Kingdom or elsewhere." |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 130 | Insert the following new Clause— |
| | Notwithstanding any provision of the European Communities Act 1972 (c. 68), nothing in this Act or the Treaty of Lisbon shall be taken to permit any EU Institution to— |
| (a) | levy direct taxation in the United Kingdom, or |
| (b) | require the rates of direct taxation applicable in the United Kingdom to be harmonised with the rates applicable in other Member States." |
| | LORD WADDINGTON
LORD NEILL OF BLADEN |
| 130A | Insert the following new Clause— |
| | "Supremacy of United Kingdom Parliament (No. 2) |
| | Notwithstanding any provision of the European Communities Act 1972 (c. 68), nothing in this Act shall affect or be construed by any court in the United Kingdom as affecting the supremacy of the United Kingdom Parliament." |
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