European Union (Amendment) Bill
SEVENTH
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—
[Amendments marked * are new or have been altered]
Amendment
No.
| 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." |
| 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 an Act of Parliament." |
| 149 | Page 3, line 21, leave out subsections (2) and (3) |
| 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." |
| 151 | Page 3, line 21, leave out from "given" to end of line 35 and insert "by an Act of Parliament." |
| 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." |
| 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." |
| 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] |
| 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)." |
| 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)." |
| 162 | Page 4, line 8, at beginning insert "Subject to subsections (4) to (9) below," |
| 163 | Page 4, line 8, at end insert "provided that arrangements have been made for the Secretary of State to report to Parliament each year on the operation and application of European Union competition policy according to the principle set out in the Protocol on the Internal Market and Competition" |
| 164 | Page 4, line 8, at end insert "provided that the Government has published a report on— |
| (a) | the relationship between the President of the European Council and the EU Secretariat; |
| (b) | its interpretation of Article 1, paragraph 16, inserted Article 9B TEU, paragraph 5 relating to the election and term of office of the President of the European Council; and |
| (c) | whether any candidate for the post of President of the European Council has been, or is, a Head of State, or a Head of Government, of a Member State." |
| 165 | Page 4, line 8, at end insert "provided that Her Majesty's Government has secured the deletion from the Treaty of Lisbon of all changes to the Common Security and Foreign Policy made by that Treaty" |
| 166 | Page 4, line 8, at end insert— |
| "(4) | Within six months of Royal Assent, 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 the conduct of the referendum, entitlement to vote in the referendum and legal challenge to the referendum result. |
| (7) | The question to be asked in the referendum in Welsh is— |
| | "A ddylai'r Deyrnas Gyfunol gymeradwyo Cyfundeb Lisbon? |
| (8) | Every power of a Minister of the Crown to make an order under subsection (4) shall be exercisable by statutory instrument. |
| (9) | An order under subsection (4) may be made only if a draft of the order has been— |
| (a) | laid before Parliament; and |
| (b) | approved by a resolution of each House." |
| 167 | Leave out Clause 8 and insert the following new Clause— |
| | "Commencement: report on costs and benefits |
| (1) | This section comes into force on Royal Assent. |
| (2) | The other provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument. |
| (3) | No order may be made under section (2) until the conditions set out in subsections (4) and (5) have been satisfied. |
| (4) | The first condition is that a report shall have been made by Her Majesty's Government and laid before Parliament by the Secretary of State 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. |
| (5) | The second condition is that the report under subsection (4) shall have been debated and approved by both Houses of Parliament." |
| 167A | Leave out Clause 8 and insert the following new Clause— |
| | "Commencement and referendum on continuance in force |
| (1) | This Act shall come into force on Royal Assent. |
| (2) | Within six months of this Act receiving Royal Assent, a referendum shall be held to determine whether it shall continue in force. |
| (3) | The question in that referendum shall be: |
| | "Following Parliament's passing of the European Union (Amendment) Act, adding the Treaty of Lisbon to the list of Treaties in section 1(2) of the European Communities Act 1972, should the United Kingdom leave the European Union in the manner prescribed in Article 49A of the Treaty on European Union? |
| (4) | If a majority of those voting in the referendum vote "Yes" to the question in subsection (3), this Act shall cease to have effect from the date of entry into force of the withdrawal agreement negotiated under paragraph 2 of Article 49A of the Treaty on European Union. |
| (5) | If a majority of those voting in the referendum vote "No" to the question in subsection (3), this Act shall continue in force." |
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