European Union Bill — Clause 9 — Approval required in connection with Title V of Part 3 of TFEU — 26 Jan 2011 at 18:45

The majority of MPs voted not to require a referendum, and Act of Parliament, prior to a decision being taken on the UK's membership of the EU's policing and criminal justice institutions.

The text of the rejected amendment was:

• Amendment: 82, in clause 9, page 8, line 16, at end add-
• '(6A) A Minister of the Crown may not make a formal decision as to whether to exercise the right of the United Kingdom to make a notification to the Council under the terms of article 10(4) of the Protocol (No 36) on Transitional Provisions annexed to TEU and TFEU^[1], unless-
• (a) the decision is approved by Act of Parliament, and
• (b) the referendum condition is met.
• (6B) The referendum condition is that set out in section 3(2).'.

Article 10(4)^[1] referred to relates to European Union institutions with powers relating to police and judicial cooperation in criminal matters states:

• At the latest six months before the expiry of the transitional period referred to in paragraph 3, the United Kingdom may notify to the Council that it does not accept, with respect to the acts referred to in paragraph 1, the powers of the institutions referred to in paragraph 1 as set out in the Treaties. In case the United Kingdom has made that notification, all acts referred to in paragraph 1 shall cease to apply to it as from the date of expiry of the transitional period referred to in paragraph 3. This subparagraph shall not apply with respect to the amended acts which are applicable to the United Kingdom as referred to in paragraph 2.

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• [1] Protocol (No 36) of the Treaty on European Union

Debate in Parliament | Source |