European Union Bill 2010
Encyclopedia
The European Union Act 2011 is an Act
of the Parliament of the United Kingdom
, requiring that a referendum
be held on amendments of the Treaty on European Union or the Treaty on the Functioning of the European Union. Introduced in the House of Commons by Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs
, William Hague
on 11 November 2010, the Bill received its Second Reading by 330-195 on 7 December, and was passed by the Commons on 8 March 2011. The Bill was read a second time in the Lords
on 22 March, after a hostile reception by Peers. The Act received Royal Assent on 19 July 2011.
The Queen's speech reaffirmed that legislation would be introduced "to ensure that in future this Parliament and the British people have their say on any proposed transfer of powers to the European Union".
to be held on any amendment of the Treaty on European Union or the Treaty on the Functioning of the European Union made by treaty, and requires that any use of a passerelle provision
must be approved by an Act of Parliament
at least.
The Act also enables ratification of a transitional protocol relating to the number of members of the European Parliament
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, requiring that a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
be held on amendments of the Treaty on European Union or the Treaty on the Functioning of the European Union. Introduced in the House of Commons by Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs
Secretary of State for Foreign and Commonwealth Affairs
The Secretary of State for Foreign and Commonwealth Affairs, commonly referred to as the Foreign Secretary, is a senior member of Her Majesty's Government heading the Foreign and Commonwealth Office and regarded as one of the Great Offices of State...
, William Hague
William Hague
William Jefferson Hague is the British Foreign Secretary and First Secretary of State. He served as Leader of the Conservative Party from June 1997 to September 2001...
on 11 November 2010, the Bill received its Second Reading by 330-195 on 7 December, and was passed by the Commons on 8 March 2011. The Bill was read a second time in the Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
on 22 March, after a hostile reception by Peers. The Act received Royal Assent on 19 July 2011.
Background
The Conservative - Liberal Democrat Coalition Agreement pledged:- to "ensure that there is no further transfer of sovereignty or powers over the course of the next Parliament";
- to "amend the 1972 European Communities Act so that any proposed future treaty that transferred areas of power, or competences, would be subject to a referendum on that treaty"; and
- to "examine the case for a United Kingdom Sovereignty Bill to make it clear that ultimate authority remains with Parliament".
The Queen's speech reaffirmed that legislation would be introduced "to ensure that in future this Parliament and the British people have their say on any proposed transfer of powers to the European Union".
Provisions
The Act requires a referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
to be held on any amendment of the Treaty on European Union or the Treaty on the Functioning of the European Union made by treaty, and requires that any use of a passerelle provision
Passerelle Clause
The Passerelle Clause is a clause within treaties of the European Union that allows the European Council to unanimously decide to replace unanimous voting in the Council of Ministers with qualified majority voting in specified areas with the previous consent of the European Parliament, and move...
must be approved by an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
at least.
The Act also enables ratification of a transitional protocol relating to the number of members of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
.
Section 18: The Sovereignty Clause
On 6 October 2010, the Government announced that the Act would include a provision "to underline that what a sovereign Parliament can do, a sovereign Parliament can always undo". The clause, eventually enacted as section 18 of the Act provides that:"Directly applicable or directly effective EU law (that is, the rights, powers, liabilities, obligations, restrictions, remedies and procedures referred to in section 2(1) of the European Communities Act 1972) falls to be recognised and available in law in the United Kingdom only by virtue of that Act or where it is required to be recognised and available in law by virtue of any other Act."