The EU Act

What is the EU Act?

Her Majesty The Queen announced in the Queen’s speech on 25 May 2010 that her Government would introduce legislation to ensure that in future, Parliament and the British people will have their say on any proposed transfer of powers from the UK to the European Union.

The European Union Act 2011 received Royal Assent on Tuesday 19 July 2011.

The Government remains committed to playing a strong, positive and active role in the European Union. But many people in Britain feel disconnected with how the EU has developed, and the decisions that have been taken in their name. The EU Act gives people more control over decisions made by the Government on the EU in their name. By rolling out control of these decisions to the people, the Government believes that this will help rebuild trust and reconnect people to these EU decisions.

The European Union Act ensures that if in the future there is a change to the EU Treaties that moves a power or an area of policy from the UK to the EU, then the Government will have to get the British people's consent in a national referendum before it can be agreed. So there will be a referendum lock on these Treaties to which only the British people will hold the key.

The Act also provides that an Act of Parliament will be required for all types of EU treaty change, which was not previously the case, and before the Government can agree to the use of a ratchet clause, or passerelle. Where a passerelle would transfer power or an area of policy from the UK to the EU, then the Government will have to get the British people's consent in a national referendum before it can be agreed.

The Act also includes a section that underlines the existing legal principle that what a sovereign Parliament can do, a sovereign Parliament can always undo. This section does not alter the existing UK legal order in relation to directly applicable and directly effective EU law. It is in line with the practice of other EU Member States, like Germany. Although Germany has a different constitutional framework, the country has given effect to EU law through a sovereign act.

Lastly, the Act also provides Parliamentary approval for the Transitional Protocol on MEPs, which when ratified by all Member States will enable the additional 18 MEPs provided for under the Lisbon Treaty to take their seats during the current European Parliamentary term, rather than after the next European Parliamentary elections in 2014. The UK gains one additional MEP who will be elected from the West Midlands region, following a recommendation from the Electoral Commission to this effect, and in accordance with the procedure set down in the Act.

Passage of the Act through Parliament

Each Bill needs to complete a number of stages in both Houses of Parliament before it can become an Act of Parliament.

House of Commons

The European Union Bill, as it then was, was introduced to Parliament and received its First Reading in the House of Commons on 11 November 2010. The Foreign Secretary, Rt Hon William Hague MP, opened Second Reading on 7 December 2010 with a speech setting out the principles underpinning this legislation, and an opposition amendment to halt its passage was defeated in a vote by a majority of 135.

The Bill was considered and debated by a Committee of the whole House of Commons on five separate days in January and February 2011, during which the Minister for Europe, Rt Hon David Lidington MP, led for the Government. During that time, five Government amendments were agreed without division. These amendments were of a technical nature, to ensure that the Bill met the Government’s intention in full. A number of other non-Government amendments were moved but were either defeated on a vote or withdrawn.

Report Stage in the House of Commons took place on Tuesday, 8 March 2011. After debate, the House agreed to the Bill being read a third time (Third Reading) with one further, largely technical, Government amendment being accepted, and Third Reading took place immediately,

House of Lords

On Wednesday, 9 March the EU Bill was formally introduced into the House of Lords. Second Reading was on 23 March 2011, where Lord Howell of Guildford and Lord Wallace of Saltaire led for the Government in presenting the rationale for the legislation.

The Bill was then considered and debated by a Committee of the whole House of Lords on eight separate days in April and May 2011. Amendments were debated but not formally moved.

Three days were given to Lords Report Stage in June 2011. Six groups of amendments were passed, including three technical Government amendments, clarifying the meaning of the Bill.

Four other groups were approved by the Lords on the following issues:

a referendum turnout threshold, below which Parliament would have the final say over whether to ratify a treaty change;
the removal of most of the ratchet clauses in clause 6 from the referendum lock (but not decisions on the euro, border controls or a single military force);
a technical alteration to clause 18 making an explicit reference to the 1972 European Communities Act; and
inclusion of a “sunset” clause into the Bill to come into effect at the end of this Parliament, affecting Part 1 and Schedule 1 (referendum lock and passerelle provisions).

Third Reading of the EU Bill in the House of Lords took place on 23 June.

Consideration of Amendments: 11 – 13 July 2011

When the second House of Parliament makes amendments to a Bill, the Bill then returns to the first House for them to consider those amendments. The Bill can only be submitted for Royal Assent once both Houses of Parliament have agreed on a final text.

Commons consideration of Lords Amendments took place on 11 July 2011. The two groups of technical Government amendments were agreed. The Commons also approved two Government amendments to the Lords amendment in respect of clause 18, after a vote. The House also divided on the Lords amendment proposing a sunset clause in respect of Part 1 and Schedule 1, but voted to resist this amendment. It also agreed by consensus to resist the other Lords amendments, on clause 6 and the inclusion of a turnout threshold below which any referendum would become advisory.

During the subsequent Lords consideration of Commons amendments on 13 July 2011, the Lords accepted the Commons amendments to clause 18 and did not insist on its other amendments.

The final text of the European Union Bill was then submitted for Royal Assent, which was granted by the Sovereign on 19 July 2011.

Commencement

The provisions of the Act related to the ratification of the Transitional Protocol on MEPs and the status of EU law (clause 18) enter into force immediately. The remaining provisions of the Act will enter into force according to the terms of commencement orders which will be laid by the Secretary of State, but which are expected to provide for the commencement of Part 1 and Schedule 1 one month after Royal Assent, and clauses 16 and 17 (providing for the return of the additional UK MEP) two months after Royal Assent.