HOUSE OF LORDS - United Kingdom Parliament

to any Member to table a free-standing motion for resolution, containing
a short, self-contained “reasoned opinion”, as required by the Protocol.
10.66 The Government have made a commitment that they will not
support a proposal in the Council of Ministers which has been the subject
of a reasoned opinion from either House without first communicating to
Parliament their reasons for doing so.
“Passerelle” clauses
10.67 A “passerelle” clause is a European treaty provision which allows
the Members States of the European Union to decide, by unanimity, to
change the way in which decisions are taken within a specified policy
area—for instance, to move from a requirement for unanimity to
qualified majority voting.
10.68 Under section 6 of the European Union (Amendment) Act 2008,
the approval of both Houses is required before the Government may
support the use of one of the passerelle clauses. Under the Act, approval
is only given if “each House agrees to the motion without amendment”.
10.69 If any Member intends to oppose a Government motion seeking
such approval, he should give notice by tabling an amendment in the
following form: “Lord [name] to move, as an amendment to the above
motion, to leave out ‘approve’ and insert ‘declines to approve’”. No other
type of amendment is admissible.
Scrutiny of United Kingdom “opt-ins”
10.70 During passage of the European Union (Amendment) Act 2008, the
Government gave an undertaking 1 that they would take account of the views
of the EU Committees of the two Houses before exercising their right, under
the Protocol on the position of the United Kingdom and Ireland in respect of
the Area of Freedom, Security and Justice, to notify the Council of Ministers
of their decision to take part in the adoption and application of proposals
within that area. Without the exercise of such an “opt-in” such proposals are
not binding upon the United Kingdom.
10.71 The Government’s undertaking applies only if the views of the EU
Committee are forthcoming within eight weeks of publication of the
proposal. If, within this time-limit, the EU Committee makes a report to
1 9 June 2008. See European Union Committee 2nd Report 2008–09, appendix 1.
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