1

House of Commons

Wednesday 15 November 2017

Committee of the whole House

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: NC78

European Union (Withdrawal) Bill

Note

This document includes all remaining amendments and includes any withdrawn

amendments at the end. The amendments have been arranged in accordance with

the Order of the House [11 September 2017].

  The arrangement shown below is provisional and is subject to change.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 2, CLAUSE 2, NEW CLAUSES

AND NEW SCHEDULES RELATING TO CLAUSE 3, CLAUSE 3, NEW CLAUSES AND NEW

SCHEDULES RELATING TO CLAUSE 4, CLAUSE 4

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 2, CLAUSE 2

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Valerie Vaz

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ms Harriet Harman

Ian Murray

Kerry McCarthy

Catherine McKinnell

Stephen Doughty

Helen Hayes

Stephen Kinnock

Stella Creasy

Susan Elan Jones

Seema Malhotra

Catherine West

Committee of the whole House: 15 November 2017            

2

European Union (Withdrawal) Bill, continued

Chris Bryant

Angela Smith

Tulip Siddiq

Hugh Gaffney

Martin Whitfield

Geraint Davies

Mr George Howarth

Vernon Coaker

Ann Coffey

Mike Gapes

Stephen Timms

NC2

To move the following Clause—

“Retaining Enhanced Protection

Regulations provided for by Acts of Parliament other than this Act may not be

used by Ministers of the Crown to amend or modify retained EU law in the

following areas—

(a)    

employment entitlement, rights and protections;

(b)    

equality entitlements, rights and protections;

(c)    

health and safety entitlement, rights and protections;

(d)    

fundamental rights as defined in the EU Charter of Fundamental Rights.”

Member’s explanatory statement

This new clause would prevent delegated powers from other Acts being used to alter workplace

protections, equality provisions, health and safety regulations or fundamental rights.

Mr Chris Leslie

Mr David Lammy

Ian Murray

Mike Gapes

Helen Hayes

Mr Ben Bradshaw

Stephen Kinnock

Chris Bryant

Angela Smith

Dr Philippa Whitford

Tulip Siddiq

Martin Whitfield

Martyn Day

Paul Farrelly

Neil Coyle

Ann Coffey

NC15

To move the following Clause—

“Provisions relating to the EU or the EEA in respect of EU-derived domestic

legislation

HM Government shall make arrangements to report to both Houses of Parliament

whenever circumstances arising in section 2(2)(d) would otherwise have

amended provisions or definitions in UK law had the UK remained a member of

the EU or EEA beyond exit day.”

Member’s explanatory statement

This new clause would ensure that Parliament is informed of changes in EU and EEA provisions

that might have amended UK law if the UK had remained a member of those institutions beyond

exit day.

Committee of the whole House: 15 November 2017            

3

European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

Mike Gapes

Mary Creagh

Mr Ben Bradshaw

Darren Jones

Ruth Cadbury

Catherine McKinnell

Stella Creasy

Ms Karen Buck

Ms Angela Eagle

Ian Murray

Stephen Doughty

Mrs Madeleine Moon

Helen Hayes

Mr Kenneth Clarke

Rushanara Ali

Mr David Lammy

Stephen Kinnock

Ann Coffey

Seema Malhotra

Chris Bryant

Susan Elan Jones

Martin Whitfield

Paul Farrelly

Patrick Grady

Tom Brake

Wera Hobhouse

Tim Farron

Stephen Timms

NC25

To move the following Clause—

“Treatment of retained law

(1)    

Following the commencement of this Act, no modification may be made to

retained EU law save by primary legislation, or by subordinate legislation made

under this Act.

(2)    

By regulation, the Minister may establish a Schedule listing technical provisions

of retained EU law that may be amended by subordinate legislation.

(3)    

Regulations made under subsection (2) will be subject to an enhanced scrutiny

procedure including consultation with the public and relevant stakeholders.

(4)    

Regulations may only be made under subsection (2) to the extent that they will

have no detrimental impact on the UK environment.

(5)    

Delegated powers may only be used to modify provisions of retained EU law

listed in any Schedule made under subsection (2) to the extent that such

modification will not limit the scope or weaken standards of environmental

protection.”

Member’s explanatory statement

This new clause provides a mechanism for Ministers to establish a list of technical provisions of

retained EU law that may be amended by subordinate legislation outside of the time restrictions

of the Bill.

Committee of the whole House: 15 November 2017            

4

European Union (Withdrawal) Bill, continued

Frank Field

Ruth Smeeth

Mr Ronnie Campbell

Gareth Snell

Kelvin Hopkins

Gordon Henderson

Kate Hoey

NC50

To move the following Clause—

“Continuing validity in the United Kingdom of European Union law

(1)    

The European Communities Act 1972 shall continue to have effect in the United

Kingdom after the date on which the United Kingdom leaves the European Union

as if the United Kingdom continued to be bound by the Treaties.

(2)    

Accordingly all such rights, powers, liabilities, obligations and restrictions

created or arising by or under the Treaties, and all such remedies as provided for

by or under the Treaties, as in accordance with the Treaties are without further

enactment given legal effect or used in the United Kingdom shall continue to be

recognised and available in law, and be enforced, allowed and followed

accordingly.

(3)    

Subsections (1) and (2) do not apply to any primary legislation passed by

Parliament coming into force after the date of exit from the European Union

which includes a provision to the effect that that Act, or specified provisions of

that Act, have effect notwithstanding the provisions of section (Continuing

validity in the United Kingdom of European Union law)(1) and (2) of the

European Union (Withdrawal) Act 2017.”

Frank Field

Ruth Smeeth

Mr Ronnie Campbell

Gareth Snell

Kelvin Hopkins

Gordon Henderson

Kate Hoey

NC51

To move the following Clause—

“Duty of review of European Union law

(1)    

The Prime Minister must lay before Parliament within six months of the date of

the United Kingdom leaving the European Union, and at least once a year

thereafter, a review of all European Union legislation and decisions still

applicable to the United Kingdom, with proposals for re-enactment, replacement

or repeal by the United Kingdom Parliament of any provisions of European

Union law, with or without modification, as United Kingdom legislation.

(2)    

The House of Commons may appoint or designate one or more select committees

to consider any report under subsection (1).”

Committee of the whole House: 15 November 2017            

5

European Union (Withdrawal) Bill, continued

Mr Dominic Grieve

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Robert Neill

Seema Malhotra

Mr David Lammy

Layla Moran

Lady Hermon

Antoinette Sandbach

Anna Soubry

Kate Green

Caroline Lucas

Tulip Siddiq

Paul Farrelly

Ann Coffey

Mike Gapes

Stephen Hammond

Stephen Timms

NC55

To move the following Clause—

“Treatment of retained law (No. 2)

(1)    

Following the day on which this Act is passed, no modification may be made to

retained EU law except by primary legislation, or by subordinate legislation made

under this Act.

(2)    

The Secretary of State must by regulations establish a schedule listing technical

provisions of retained EU law that may be amended by subordinate legislation.

(3)    

Subordinate legislation to which subsection (2) applies must be subject to an

enhanced scrutiny procedure, to be established by regulations made by the

Secretary of State after approval in draft by both Houses of Parliament, which

must include consultation with the public and relevant stakeholders.

(4)    

Delegated powers may be used only to modify provisions of retained EU law

listed in any Schedule made under subsection (2) to the extent that such

modification will not limit the scope or weaken standards of equalities,

environmental and employment protection, and consumer standards.”

Member’s explanatory statement

This amendment would qualify the powers conferred to alter law by statutory instrument after exit

day.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Mr David Lammy

Kerry McCarthy

Caroline Lucas

Tulip Siddiq

Vernon Coaker

Paul Farrelly

Ann Coffey

Mike Gapes

Matt Rodda

NC58

To move the following Clause—

“Retaining Enhanced Protection (No. 2)

Regulations provided for by Acts of Parliament other than this Act may not be

used by Ministers of the Crown to amend, repeal or modify retained EU law in

the following areas—

(a)    

employment entitlement, rights and protection;

Committee of the whole House: 15 November 2017            

6

European Union (Withdrawal) Bill, continued

(b)    

equality entitlements, rights and protection;

(c)    

health and safety entitlement, rights and protection;

(d)    

consumer standards; and

(e)    

environmental standards and protection.”

Member’s explanatory statement

This new clause would ensure that after exit day, EU-derived employment rights, environmental

protection, standards of equalities, health and safety standards and consumer standards can only

be amended by primary legislation or subordinate legislation made under this Act.

Ian Blackford

Peter Grant

Joanna Cherry

Patrick Grady

Martyn Day

Douglas Chapman

200

Clause  2,  page  1,  line  12,  after “passed” insert “and commenced,”

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Wera Hobhouse

87

Clause  2,  page  1,  line  19,  at end insert “or any enactment to which subsection (2A)

applies.

“(2A)    

This subsection applies to any enactment of the United Kingdom Parliament

which—

(a)    

applies to Wales and does not relate to matters specified in Schedule 7A

to the Government of Wales Act 2006,

(b)    

applies to Scotland and does not relate to matters specified in Schedule 5

to the Scotland Act 1998,

(c)    

applies to Northern Ireland and does not relate to matters specified in

Schedules 2 or 3 to the Northern Ireland Act 1998.”

Member’s explanatory statement

This amendment would alter the definition of EU retained law so as only to include reserved areas

of legislation. This will allow the National Assembly for Wales and the other devolved

administrations to legislate on areas of EU derived law which fall under devolved competency for

themselves.

Committee of the whole House: 15 November 2017            

7

European Union (Withdrawal) Bill, continued

Ian Blackford

Peter Grant

Joanna Cherry

Patrick Grady

Martyn Day

Douglas Chapman

201

Clause  2,  page  1,  line  19,  at end insert—

“(2A)    

For the purposes of this Act, any EU-derived domestic legislation has effect in

domestic law immediately before exit day if—

(a)    

in the case of anything which shall apply or be operative from a particular

date, applies or is operative before exit day, or

(b)    

in any other case, it has been commenced and is in force immediately

before exit day.”

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 3, CLAUSE 3

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Martyn Day

Douglas Chapman

217

Clause  3,  page  2,  leave out lines 13 to 22

Member’s explanatory statement

This amendment, along with Amendment 64 to Schedule 8 would exclude the European Economic

Area agreement from the Bill, allowing the UK to remain in the EEA.

Robert Neill

Stephen Hammond

Wes Streeting

356

Clause  3,  page  2,  line  22,  at end insert—

“(2A)    

A Minister of the Crown may by regulations provide for prospective EU

legislation to form part of domestic law as it has effect in EU law, from the time

at which it begins to apply or from some later time.

(2B)    

In subsection (2A) “prospective EU legislation” means—

(a)    

an EU regulation which is adopted, notified or in force immediately

before exit day, or

(b)    

EU tertiary legislation made under retained EU law,

so far as it is not operative immediately before exit day.

(2C)    

A statutory instrument containing regulations under subsection (2A) may not be

made unless a draft of the instrument has been laid before, and approved by a

resolution of, each House of Parliament.”

Member’s explanatory statement

The amendment would allow Ministers, with parliamentary approval, to apply EU legislation

which has been passed before exit day but does not take full effect until after that day, along with