Legal background
Article 352 TFEU allows the EU to act where there is no specific applicable treaty base, as long as this does not entail harmonisation or affect the Common Foreign and Security Policy. Proposals made under Article 352 TFEU require the unanimous approval of Member States and the consent of the European Parliament.
	Under section 8(1) of the 2011 Act, a Minister cannot vote in favour of an Article 352 measure unless one of subsections (3) to (5) is complied with. Subsection (3) provides that a Minister may only vote in favour of an Article 352 decision where the draft decision is approved by Act of Parliament. This requirement does not apply where urgent approval is required (subsection (4)) or where the draft decision relates to an exempt purpose (subsection (5)), as defined in subsection (6). Neither of these subsections in the 2011 Act applies to the FRA or Canada decisions, so an Act of Parliament is needed before the UK Government may vote for their adoption in the Council.