European Union Bill

Lindsay Hoyle Excerpts

Monday 24th January 2011 Commons Chamber

[Mr Wayne David (Caerphilly) (Lab)]

I beg to move amendment 85, page 2, line 6, at end add—

‘(7A) References to “the Committee” are to the European Union Referendum Committee as established by section [European Union Referendum Committee] below.’.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 86, in clause 2, page 2, line 10, leave out

‘a statement relating to the treaty was’

and insert

‘the treaty and a statement relating to it were’.

Amendment 1, page 2, line 13, leave out ‘or the exemption condition’.

Amendment 92, page 2, line 16, leave out from ‘until’ to end of line 22 and insert

‘the referendum procedure set out in subsection (2A) below has been completed.

‘(2A) The referendum procedure is completed if—

(a) a decision has been taken by either or both Houses of Parliament not to hold a referendum, whether by agreeing with a recommendation from the Committee that a referendum is not required or by disagreeing to a recommendation from the Committee that a referendum is required; or

(b) a referendum has been held throughout the United Kingdom, or where the treaty affects Gibraltar, throughout the United Kingdom and Gibraltar, and a majority of those voting in the referendum are in favour of ratification of the treaty.’.

Amendment 2, page 2, line 23, leave out subsection (3).

Amendment 87, in clause 3, page 2, line 29, leave out

‘a statement relating to the decision was’

and insert

‘the decision and a statement relating to it were’.

Amendment 67, page 2, line 32, leave out paragraph (c).

Amendment 3, page 2, line 32, leave out

‘the exemption condition or the significance condition’.

Amendment 68, page 2, line 34, leave out subsections (2), (3) and (4).

Amendment 93, page 2, line 36, leave out from ‘until’ to end of line 42 and insert

‘the referendum procedure set out in subsection (2A) below has been completed.

‘(2A) The referendum procedure is completed if—

(a) a decision has been taken by either or both Houses of Parliament not to hold a referendum, whether by agreeing with a recommendation from the Committee that a referendum is not required or by disagreeing to a recommendation from the Committee that a referendum is required; or

(b) a referendum has been held throughout the United Kingdom, or where the treaty affects Gibraltar, throughout the United Kingdom and Gibraltar, and a majority of those voting in the referendum are in favour of approval of the decision.’.

Amendment 4, page 2, line 43, leave out subsection (3).

Amendment 5, page 3, line 1, leave out subsection (4).

Amendment 64, page 3, line 3, leave out from ‘4’ to ‘and’ in line 4.

Amendment 65, page 3, line 4, leave out ‘(1)(i) or (j)’ and insert

‘(1)(a), (d), (e), (f), (g), (h) (i), (j), (k), (l) or (m)’.

Amendment 66, page 3, line 4, after ‘(1)’, insert ‘(g), (h)’.

Amendment 88, in clause 4, page 3, line 8, before ‘(1)’ insert—

‘(A1) A treaty or Article 48(6) decision which falls within this section shall be subject to the procedure of determination by the Committee and both Houses of Parliament as to whether a referendum is required’.

Amendment 89, in clause 5, page 4, line 10, leave out

‘the required statement before Parliament’

and insert

‘the treaty and the required statement before the Committee and before Parliament’.

Amendment 90, page 4, line 14, leave out

‘the required statement before Parliament’

and insert

‘the decision and the required statement before the Committee and before Parliament’.

Amendment 7, page 4, line 17, leave out subsections (3) to (5) and insert—

‘(3) The required statement is a statement that there will be a referendum on that treaty.’.

Amendment 91, page 4, line 19, leave out subsections (4) and (5).

Amendment 11, page 4, line 24, at end add—

‘(6) If the Minister’s opinion is that the effect of that provision in relation to the United Kingdom is not significant the Minister must seek Parliamentary approval for his opinion.

(7) Parliamentary approval is given if—

(a) in each House of Parliament a Minister of the Crown moves a motion that the House approves of the Minister’s opinion; and

(b) each House agrees to the motion without amendment.

(8) If the Minister fails to obtain Parliamentary approval for his opinion the significance condition is not met.’.

New clause 9—European Union Referendum Committee

‘(1) There shall be a Committee, to be known as the European Union Referendum Committee, to examine—

(a) any amendment of the Treaty on the European Union or the Treaty on the Functioning of the European Union, whether by simplified or ordinary revision procedure;

(b) any decision already provided for in those treaties, as set out in Schedule 1 to this Act;

(c) any treaty or Article 48(6) decision as defined in section 4 of this Act; and

(d) any decision as set out in section 6(2) or 6(4) of this Act.

(2) The Committee shall report to Parliament in respect of each such treaty amendment or decision as to—

(a) whether it involves a significant transfer of power or competence, and if so

(b) whether it requires a referendum to be held.

(3) When the Committee has reported its view as to whether or not a referendum is required, a Motion shall be moved in each House of Parliament to give effect to that recommendation.

(4) If both Houses agree to recommend a referendum, a referendum shall be held accordingly.

(5) The Committee shall consist of no more than 19 Members, drawn from both Houses of Parliament, none of whom shall be Ministers of the Crown.

(6) The members of the Committee shall be nominated by the Speaker of the House of Commons and the Lord Speaker of the House of Lords respectively, in accordance with the Standing Orders or Resolutions of their respective Houses, and subject to the approval of their respective Houses.

(7) Members of each House shall be members of the Committee until discharged by their House or if they cease to be a Member of that House or if they become a Minister of the Crown.

(8) The Committee shall elect a Chair from among those of its members who sit in the House of Commons.

(9) The Committee may determine its own procedure, which shall be broadly in line with that followed by Joint Committees of the two Houses.’.

[Mr David]

The week before last, the Committee enjoyed an excellent debate on the sovereignty clause of the Bill. Perhaps surprisingly, there was a high degree of consensus on the need to ensure that Parliament remains central to our democracy. Indeed, it must be said that even the Government appeared to acknowledge that there was at least a genuine debate on whether Parliament owed its sovereignty to common law or whether sovereignty was a fundamental right. Consequently, we look forward to seeing how the Government rewrite the Bill’s explanatory notes to acknowledge that debate.

That makes it all the more surprising that part 1 of the Bill so profoundly departs from the consensus established in the House that Parliament is central to this country’s democratic process. The Government do that by proposing that most extensions of EU competence or power, even relatively small ones, should be subject to a referendum if the change has a material impact on the UK’s relationship with the EU.

The Government set out in the Bill in mind-numbing detail umpteen scenarios when a referendum might be triggered. The Opposition believe that there is a case for referendums to be held on important constitutional issues. For example, in government, we introduced referendums on devolution in Scotland and Wales, and indeed, there will be a further referendum in Wales on 3 March.

--- Later in debate ---

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

I am sorry, but having written the constitution and having read the Lisbon treaty, I think that it is sheer sophistry to go on like this. May I just—

[The Chairman]

Order. We are not dealing with the Lisbon treaty. Can we please stick to the amendments before us?

[Mr David]

With all due respect to my hon. Friend, it was not she who wrote the treaty or the constitution; she made a contribution, as did many people.

We support a referendum on the alternative vote system, and we believe that a referendum should be held if ever there is a European constitution or if any Government favoured Britain’s joining the single currency. I remind the Committee that Baroness Thatcher declined to hold a referendum on the Single European Act, and that the Foreign Secretary voted against a referendum on the Maastricht treaty when he was in opposition.