Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 16 July 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 12 to 14 and NC4

 

Consideration of Bill


 

European Union Referendum Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

NEW CLAUSES

 

Sir William Cash

 

Mr Owen Paterson

 

Mr Steve Baker

 

Mr Nigel Dodds

 

Mr Jacob Rees-Mogg

 

Kelvin Hopkins

 

Jim Shannon

 

Mr Richard Bacon

 

Mr Bernard Jenkin

 

Graham Stringer

 

Richard Drax

 

Kate Hoey

 

Sir Gerald Howarth

 

Mr Andrew Turner

 

NC1

 

To move the following Clause—

 

         

“Impartiality of broadcasters

 

(1)    

Notwithstanding any enactment or legal instrument, before the start of the

 

referendum period the Secretary of State shall by regulations make provision to

 

ensure the impartiality of broadcasters during the referendum period.


 
 

Notices of Amendments: 16 July 2015                     

2

 

European Union Referendum Bill, continued

 
 

(2)    

Regulations made under this section must include provision for the appointment

 

by the Secretary of State of a referendum broadcasting adjudicator.

 

(3)    

Regulations made under this section must require the referendum broadcasting

 

adjudicator

 

(a)    

to draw up and publish guidance applicable to the referendum to ensure

 

the impartiality of broadcasters during the referendum period,

 

notwithstanding any relevant guidance currently in force or in draft; and

 

(b)    

to make arrangements by which any allegations of breach of the guidance

 

on impartiality can be referred to and determined by the adjudicator and

 

where an allegation, in the adjudicator’s view, is vexatious or frivolous

 

to dismiss the allegation.

 

(4)    

Guidance published under subsection (3)(a) shall apply to—

 

(a)    

the holder of a licence under the Broadcasting Act 1990 or 1996 and

 

(b)    

the British Broadcasting Corporation.

 

(5)    

Regulations made under this section shall require the referendum broadcasting

 

adjudicator within one day of receipt of an allegation that a broadcaster has

 

breached the guidance on impartiality to determine whether the guidance has

 

been breached and publish its determination and, where a breach has taken place,

 

to require the broadcaster to remedy the breach within one day.

 

(6)    

Regulations made under this section are to be made by statutory instrument which

 

is subject to annulment in pursuance of a resolution of either House of

 

Parliament.”

 

Member’s explanatory statement

 

The intention of this amendment is to ensure impartiality of television and radio broadcasters

 

during the referendum campaign and to allow for swift adjudication where an allegation of bias is

 

made.

 


 

Ms Harriet Harman

 

Hilary Benn

 

Ms Rosie Winterton

 

Mr Pat McFadden

 

Heidi Alexander

 

NC2

 

To move the following Clause—

 

         

“Exemptions to prohibition on publication of promotional material by central

 

and local government etc.

 

(1)    

For the purposes of the referendum the Secretary of State may, by regulations,

 

specify materials that he intends or expects to publish in the regulation period to

 

be exempted from the prohibitions on the publication of materials under section

 

125 of the 2000 Act.

 

(2)    

Any materials listed in regulations made under this section will not be subject to

 

the prohibitions on publication under section 125 of the 2000 Act.”

 

Member’s explanatory statement

 

This new clause permits the Government to specify material that they intend or expect to publish

 

in the “purdah” period for the referendum that would be exempted from the prohibition on

 

publication of promotional material contained in section 125 of the Political Parties, Elections and

 

Referendums Act 2000, which amendment no. 4 would apply to the EU Referendum. The material


 
 

Notices of Amendments: 16 July 2015                     

3

 

European Union Referendum Bill, continued

 
 

would have to be specified in regulations exercisable by statutory instrument, which under clause

 

6 of this bill must be laid before and approved by a resolution of each House of Parliament.

 


 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

NC3

 

To move the following Clause—

 

         

“Declaration of intent for withdrawal from the EU

 

The Secretary of State will present to Parliament a declaration of intent for

 

withdrawal from the European Union if—

 

(a)    

a majority of total votes cast in the referendum in the United Kingdom

 

are against the United Kingdom remaining a member of the European

 

Union, and

 

(b)    

a majority of the votes cast in the referendum in each of England,

 

Scotland, Wales and Northern Ireland are against the United Kingdom

 

remaining a member of the European Union.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to present to Parliament a declaration of

 

intent to withdraw from the EU only on the basis of a double-majority covering the whole UK and

 

each of the four constituent nations of the UK

 


 

Philip Davies

 

Mr David Nuttall

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Referendum result

 

In the event that the referendum result is in favour of the United Kingdom leaving

 

the European Union—

 

(a)    

notice of withdrawal under Article 50 of the Treaty of Lisbon must be

 

served by the Government on the European Council within 28 days of the

 

referendum;

 

(b)    

withdrawal must be completed within two years of serving notice as per

 

(1) above; and

 

(c)    

there shall not be another referendum on the United Kingdom’s

 

membership of the European Union before withdrawal from the

 

European Union has been completed.”

 



 
 

Notices of Amendments: 16 July 2015                     

4

 

European Union Referendum Bill, continued

 
 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

5

 

Clause  1,  page  1,  line  9,  at end insert “or a date within three months before or after

 

May 5.”

 

Member’s explanatory statement

 

This would ensure the referendum vote could not be held on a day three months before or after the

 

date of the Scottish, Welsh and Northern Irish elections.

 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

6

 

Clause  1,  page  1,  line  9,  at end insert—

 

“(c)    

must not be the same day as local government elections in England,

 

Scotland, Wales or Northern Ireland.”

 

Member’s explanatory statement

 

This amendment would ensure the referendum vote could not be held on the same day as local

 

government elections.

 

Philip Davies

 

Mr David Nuttall

 

12

 

Parliamentary Star    

Clause  1,  page  1,  line  9,  at end add “and

 

(c)    

must not be 4 May 2017.”

 

Philip Davies

 

Mr David Nuttall

 

13

 

Parliamentary Star    

Clause  1,  page  1,  line  11,  at end add “or leave the European Union?”

 

Philip Davies

 

Mr David Nuttall

 

14

 

Parliamentary Star    

Clause  1,  page  1,  line  13,  leave out from “papers—” to end of line 14 and insert “A

 

ddylai’r Deyrnas Unedig bara i fod yn aelod o’r Undeb Ewropeaidd neu adael yr Undeb

 

Ewropeaidd”

 



 
 

Notices of Amendments: 16 July 2015                     

5

 

European Union Referendum Bill, continued

 
 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

7

 

Clause  2,  page  2,  line  16,  at end insert—

 

“(d)    

the persons who on the date of the referendum would be entitled to vote

 

in a European parliamentary election by virtue of the European

 

Parliamentary Elections (Franchise of Relevant Citizens of the Union)

 

Regulations 2001 (S.I. 2001/1184) (citizens of the European Union other

 

than Commonwealth and Republic of Ireland citizens).”

 

Member’s explanatory statement

 

This amendment would extend the franchise to EU nationals who would be entitled to vote in EU

 

parliamentary elections in the UK.

 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

8

 

Clause  2,  page  2,  line  16,  at end insert—

 

“(1A)    

In subsection 1(a), “persons” include individuals who are aged 16 or 17 and

 

would otherwise meet the conditions to be entitled to vote as electors in a

 

parliamentary election.”

 

Member’s explanatory statement

 

This amendment would extend the franchise to 16 and 17 year olds.

 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

9

 

Clause  2,  page  2,  line  20,  at end insert—

 

“(3)    

 

(a)    

In subsection 1(a) “a parliamentary election” includes elections to the

 

Scottish Parliament,

 

(b)    

a person resident in England, Wales, Northern Ireland or Gibraltar who,

 

if resident in Scotland, met the conditions for inclusion in the electoral

 

register for Scottish elections, will be entitled to vote in the referendum.”

 

Member’s explanatory statement

 

This amendment would extend the vote to 16 and 17 years olds and EU nationals.


 
 

Notices of Amendments: 16 July 2015                     

6

 

European Union Referendum Bill, continued

 
 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

10

 

Clause  2,  page  2,  line  20,  at end insert—

 

“(3)    

In subsection 1(a) “a parliamentary election” includes elections to the Scottish

 

Parliament.”

 

Member’s explanatory statement

 

This amendment would extend the vote to 16 and 17 years olds and EU nationals in Scotland.

 


 

Sir William Cash

 

Mr Owen Paterson

 

Mr Steve Baker

 

Mr Nigel Dodds

 

Mr Jacob Rees-Mogg

 

Kelvin Hopkins

 

Jim Shannon

 

Mr Richard Bacon

 

Mr Bernard Jenkin

 

Graham Stringer

 

Richard Drax

 

Kate Hoey

 

Sir Gerald Howarth

 

Mr Andrew Turner

 

3

 

Clause  6,  page  3,  line  40,  at end add—

 

“(5)    

Regulations made under this Act or the 2000 Act in respect of the referendum

 

must be made and come into force not less than six months before the start of the

 

referendum period.”

 

Member’s explanatory statement

 

The purpose of the amendment is to ensure the legislative framework for the referendum is clear

 

at least six months before it is required to be implemented or complied with.

 


 

Alex Salmond

 

Stephen Gethins

 

Ms Tasmina Ahmed-Sheikh

 

Patrick Grady

 

Stuart Blair Donaldson

 

11

 

Clause  10,  page  5,  line  28,  at end insert—

 

“(1A)    

 

(a)    

Section 1 will come into effect after a resolution has been passed by both

 

Houses approving arrangements for a purdah period covering a period of

 

five weeks before the referendum date.

 

(b)    

arrangements for a purdah period will include—

 

(i)    

restrictions on material that can be published by the government,

 

public bodies and the EU institutions; and


 
 

Notices of Amendments: 16 July 2015                     

7

 

European Union Referendum Bill, continued

 
 

(ii)    

measures to determine breaches of purdah and penalties for such

 

a breach.”

 

Member’s explanatory statement

 

The referendum provision of the Bill could only come into effect after arrangements for purdah

 

had been approved by both Houses of Parliament.

 


 

Sir William Cash

 

Mr Owen Paterson

 

Mr Steve Baker

 

Mr Nigel Dodds

 

Mr Jacob Rees-Mogg

 

Kelvin Hopkins

 

Jim Shannon

 

Mr Richard Bacon

 

Mr Bernard Jenkin

 

Graham Stringer

 

Richard Drax

 

Kate Hoey

 

Sir Gerald Howarth

 

Mr Andrew Turner

 

1

 

Schedule  1,  page  6,  line  6,  after second “period”, insert “of not less than 16 weeks”

 

Member’s explanatory statement

 

The purpose of the amendment is to ensure that the referendum period lasts for at least 16 weeks.

 

Sir William Cash

 

Mr Owen Paterson

 

Mr Steve Baker

 

Mr Nigel Dodds

 

Mr Jacob Rees-Mogg

 

Kelvin Hopkins

 

Jim Shannon

 

Mr Richard Bacon

 

Mr Bernard Jenkin

 

Graham Stringer

 

Richard Drax

 

Kate Hoey

 

Sir Gerald Howarth

 

Mr Andrew Turner

 

2

 

Schedule  1,  page  13,  line  11,  at end add—

 

“(6)    

For the purposes of paragraph 6 of Schedule 15 of the 2000 Act a permitted

 

participant must not accept a relevant donation, irrespective of whether or not it

 

meets the requirements of the 2000 Act and this Act, if the donation is funded

 

directly or indirectly in whole or part from moneys, resources or support

 

disbursed or allocated by or at the direction of the European Commission, its

 

agencies or any related European institution to the donor or via other parties to

 

the donor.”

 

Member’s explanatory statement

 

The purpose of the amendment is to ensure that no funds or support provided directly or indirectly

 

by European Union bodies have a bearing on the outcome of the referendum.


 
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Revised 17 July 2015