European Union (Amendment) Bill
SIXTH
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 WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH |
| 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." |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 131 | Page 2, line 12, leave out paragraph (c) and insert— |
| "(c) | may be made only if a draft of the order has been— |
| (i) | laid before Parliament; and |
| (ii) | approved by a resolution of each House" |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| | The above-named Lords give notice of their intention to oppose the Question that the Schedule be the Schedule to the Bill. |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 136 | Page 2, line 39, leave out from "Crown" to "a" and insert "shall vote against or otherwise reject" |
| 136A | 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—" |
| 140 | Page 3, line 4, at end insert— |
| "( ) | the provision of Article 42(2) of the Treaty on the European Union that permits the establishment of a common European Union defence," |
| 141 | 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," |
| 142 | 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," |
| 143 | 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," |
| 144 | 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," |
| 145 | Page 3, line 20, at end insert— |
| "( ) | the provision of Article 352(1) of the Treaty on the Functioning of the European Union that permits the adoption of the necessary powers to attain one of the objectives set out in the Treaty." |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 146 | 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." |
| 147 | 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 Council with the office of the President of the Commission unless Parliamentary approval has been given by Act of Parliament." |
| 149 | Page 3, line 21, leave out subsections (2) and (3) |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH |
| 150 | Page 3, line 21, leave out subsections (2) and (3) and insert— |
| "(2) | Parliamentary approval is given if— |
| (a) | the Minister has presented the proposal, along with the intended position of the Minister in relation to the proposal, to a joint committee of both Houses, and |
| (b) | the joint committee has approved the intended position of the Minister in relation to the proposal, or otherwise granted permission for the Minister to take part in negotiation or an agreement or commit to a position regarding the proposal, or |
| (c) | should the joint committee decide to refer the matter for debate in both Houses of Parliament or a committee of either House, both Houses or the committee have approved the intended position of the Minister in relation to the proposal, or otherwise granted permission for the Minister to take part in negotiation or an agreement or commit to a position regarding the proposal. |
| (2A) | A Minister of the Crown may vote in favour of or otherwise support a decision under the provisions specified in subsection (1), even though Parliamentary approval has not been given in accordance with this section, if— |
| (a) | the proposal and the intended position of the Minister in relation to the proposal are awaiting debate in either House of Parliament or a committee of either House, but the joint committee that referred the proposal for debate has stated that the Minister can nevertheless vote in favour of or otherwise support the decision, or |
| (b) | the Minister believes it is imperative for the interests of the United Kingdom. |
| (2B) | Where, on the basis of subsection (2A)(b), a Minister of the Crown acts without Parliamentary approval having been given in accordance with this section, the Minister shall explain this course of action at the first opportunity— |
| (a) | by appearing before the joint committee referred to in subsection 2, should that committee so request, and |
| (b) | by appearing before the House of Parliament of which they are a member, or a committee of either House, if the matter had been referred to such for debate and that debate had not been held when the Minister took part in negotiation or an agreement or committed to a position." |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 151 | Page 3, line 21, leave out from "given" to end of line 35 and insert "by Act of Parliament." |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 154 | Insert the following new Clause— |
| | "Scrutiny of the President of the European Council |
| | The Secretary of State shall seek agreement in the European Council that the President of the European Council appointed under the Treaty of Lisbon shall appear at least once a year before any select committee of the House of Commons for the time being having the functions of a European Scrutiny Committee and the European Union Committee of the House of Lords to account for the conduct of that office." |
| 155 | Insert the following new Clause— |
| | "Report on role and powers |
| | The Secretary of State shall, not later than 1st January 2009, lay before both Houses of Parliament a report setting out the role and powers of the High Representative and External Action Service and how they differ from those of the proposed Foreign Minister and External Action Service in the Treaty establishing a Constitution for Europe." |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL
LORD BLACKWELL |
| 157 | Insert the following new Clause— |
| | "Police and judicial processes: approval by United Kingdom Parliament |
| | Nothing in this Act or the Treaty of Lisbon shall require the United Kingdom police or judiciary to implement measures in civil or criminal law or in police or judicial processes that have not been specifically approved by Parliament." |
| 158 | Insert the following new Clause— |
| | "United Kingdom treaty obligations |
| | Nothing in this Act or the Treaty of Lisbon as amended shall require the United Kingdom to be bound by international Treaties or agreements to which Parliament has not given specific consent." |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 159 | Insert the following new Clause— |
| | "Parliamentary scrutiny of the impact on the United Kingdom of rulings made by the Court of Justice of the European Union regarding the provisions of the 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 with an assessment of the impact of those judgements on the United Kingdom. |
| (2) | This report shall also set out those judgements 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 judgements on the United Kingdom. |
| (3) | The first of these reports shall be required one year after the Treaty of Lisbon enters force." |
| 160 | [Re-tabled as amendment 160B] |
| | LORD GOODLAD
LORD ROWLANDS
LORD MORRIS OF ABERAVON |
| 160A | 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)." |
| | LORD BLACKWELL
LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL
LORD LEACH OF FAIRFORD |
| 160B* | Insert the following new Clause— |
| | "Referendum requirement on the Euro |
| | Her Majesty's Government may not notify the Council of its intention to adopt the Euro under paragraph 9 of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland (as amended by the Treaty of Lisbon) unless a decision to adopt the Euro has been approved by a referendum conducted under the provisions of the Political Parties, Elections and Referendums Act 2000 (c. 41)." |
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