European Union Democratic Accountability Bill

A bill to Ensure Democratic Accountability of Any Further Change in the United Kingdom’s Relationship with the European Union.
Changelog
Bill ID B048
Author(s) Sir Felix Guest-Lyons kobc mp
Amended by The Rt Hon Arthur Haigh mp
Sir Felix Guest-Lyons kobc mp
First reading 2020 August 15
Royal assent TBC
Commencement TBC
Affected legislation N/A

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 Obligation and Powers

  1. Her Majesty’s Government shall have an obligation to run a binding referendum, subject to the provisions laid out in this Act, on the ratification of any relevant treaty as defined in Section 3.
  2. Her Majesty’s Government’s obligation under Section 1.1 is waived in situations where the treaty in question cannot be legally implemented due to rejection by other member states of the European Union.
  3. Her Majesty’s Government:
    1. Has the power to ratify, accede, or implement, as appropriate, any relevant treaty in the event of the success of a referendum on its ratification under the provisions of this Act;
    2. Has a legal obligation to ratify, accede, or implement, as appropriate, any relevant treaty in the event of the success of a referendum on its ratification under the provisions of this Act;
    3. Does not have the power to ratify, accede, or implement any relevant treaty in any other circumstance.

2 Referendum Procedure

  1. The Secretary of State may set a polling day for a referendum held under the provisions of this Act for a relevant treaty by order.
  2. In the event that there is a relevant treaty that has not been ratified, acceded, or implemented either House of Parliament may require the Secretary of State to set a polling day for a referendum under the provisions of this Act on said relevant treaty by the passage of a motion to the effect.
  3. If a relevant treaty has already been subject to a referendum under the provisions of this Act, an additional referendum on the same treaty may not be scheduled for a polling day less than 365 days after the polling day of the previous referendum on the relevant treaty, unless either House of Parliament is satisfied that there has been a substantive change in the wording and content of the relevant treaty since the polling day of the previous referendum on the relevant treaty and passes a motion to the effect.
  4. Any referendum conducted under the authority of this Act shall:
    1. Include in the electorate any resident of the United Kingdom of Great Britain and Northern Ireland who is legally permitted to vote in a General Election on the day of the poll in question;
    2. Provide on the ballot a single question in English, with the question text being : - > Do you approve of the ratification of the treaty below?
    3. This shall be followed in print by the title of the relevant treaty in question in English.
    4. Provide on the ballot in English the options “Yes” and “No”, and no other.
  5. The question, relevant treaty title, and options as laid out in Sections 4b and 4c shall be provided in additional alternative languages in certain jurisdictions as follows : -
    1. In Scotland:
      1. Scots,
      2. Scottish Gaelic,
      3. Any other language as required by an Act of the Scottish Parliament.
    2. In Wales:
      1. Welsh
      2. Any other language as required by an Act of the Welsh Senedd.
    3. In Northern Ireland:
      1. Irish,
      2. Ulster Scots,
      3. Any other language as required by an Act of the Northern Irish Assembly.
    4. In any jurisdiction:
      1. Any other language as required by an Act of Parliament.

3 Elaborations

  1. A referendum held under the provisions of this Act shall be considered successful in the event that it meets the following requirements : -
    1. The number of valid ballots is equivalent to 30% of the total number of eligible voters.
    2. The number of valid ballots bearing a “Yes” vote totals 52% of the total number of valid ballots.
  2. A treaty is considered to be a relevant treaty for the purposes of this act if it is a treaty or amendment to a treaty that : -
    1. Grants to the European Union from the United Kingdom any sovereign powers or privileges previously reserved by the United Kingdom; or
    2. Has been drafted under the ordinary revision procedure as laid out in Section 48 (2) through (5) of the Treaty of Lisbon.

4 Short Title, Commencement, and Extent

  1. This Act may be cited as the European Union Democratic Accountability Act 2020.
  2. This Act comes into force upon receiving Royal Assent.
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