Proceeding contribution from James Clappison (Conservative) in the House of Commons on Monday, 24 January 2011. It occurred during Debate on bill and Committee of the Whole House (HC) on European Union Bill.
European Union Bill
I am grateful to my hon. Friend for that point. The long and short of it is that the Bill provides that unless the significance condition is met and it is decided that a transfer of power is not significant enough to warrant a referendum—some transfers of power will not be significant enough, whereas others will be—there will not be a referendum. As the Bill stands, the Minister alone will decide whether that condition has been met and this House of Commons will not have the chance for a separate vote, before an Act of Parliament, on whether a referendum should be held. Even if someone were lucky enough to find the time and all the rest of it to table an amendment on this during the consideration of a Bill, it is unlikely for such an amendment to succeed if this is not contemplated in this Bill. The Minister would simply say, ““The Government of the day decided that there were certain occasions when a referendum would be required and this was the procedure for dealing with a referendum in these cases. It was decided that a Minister's opinion was the test of significance or not, so this does not apply.”” I do not see such an amendment as being a successful avenue or a good defence to which to turn. My amendment would provide an important safeguard, which is in addition to there being an Act. I welcome the provision for an Act, because that is a good thing. To be fair, an Act of Parliament is not required in these circumstances at the moment, because the transfers of power under the simplified revision procedure are simply subject to the resolution of both Houses. The Bill's proposals are therefore a step forward, but we could do so much better. If we do not make the change that I am proposing, we will be leaving a big gap.
Secondary information
- Type
- Proceeding contribution
- Reference
- 522 c68-9
- Session
- 2010-12
- Chamber / Committee
- House of Commons chamber
- Subjects
- Committees EU law EU accession European Parliament members Legislation European communities Powers Referendums Parliamentary scrutiny Sovereignty Treaties Reform UK membership of EU Turkey Treaty of Lisbon
- Legislation
- European Union Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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