Committee of the whole House: 15 November 2017            

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European Union (Withdrawal) Bill, continued

subordinate measures made for the purposes of EU legislation which is retained under the Bill and

taking effect after exit day.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 4, CLAUSE 4

Caroline Lucas

Kerry McCarthy

Tom Brake

Liz Saville Roberts

Jim Fitzpatrick

Helen Hayes

Angela Smith

Patrick Grady

Peter Grant

Stephen Gethins

Daniel Zeichner

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Seema Malhotra

Mike Gapes

Layla Moran

Dr Philippa Whitford

Martyn Day

Paul Farrelly

Ann Coffey

Darren Jones

Catherine McKinnell

Angus Brendan MacNeil

Jamie Stone

Norman Lamb

Tulip Siddiq

Mary Creagh

Stephen Timms

NC30

To move the following Clause—

“EU Protocol on animal sentience

Obligations and rights contained within the EU Protocol on animal sentience set

out in Article 13 of Title II of the Lisbon Treaty shall be recognised and available

in domestic law on and after exit day, and shall be enforced and followed

accordingly.”

Member’s explanatory statement

This new clause seeks to transfer the EU Protocol on animal sentience set out in Article 13 of Title

II of the Lisbon Treaty into UK law, so that animals continue to be recognised as sentient beings

under domestic law.

Mary Creagh

Ann Coffey

Mike Gapes

Caroline Lucas

NC60

To move the following Clause—

“Retention of principles of EU environmental law

(1)    

On and after exit day the environmental principles of European Union law

become principles of United Kingdom law in accordance with this section.

(2)    

The “environmental principles of EU law” are the principles set out in Article 191

of the Treaty on the Functioning of the European Union (the precautionary

principle; the principle that preventive action should be taken; the principle that

Committee of the whole House: 15 November 2017            

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European Union (Withdrawal) Bill, continued

environmental damage should as a priority be rectified at source and that the

polluter should pay).

(3)    

A court or tribunal interpreting or applying an enactment must, so far as it is

possible to do so, construe or apply the enactment in a manner that is compatible

with the environmental principles of EU law.

(4)    

A public authority must, in the exercise of its functions, have regard to the

environmental principles of EU law.”

Member’s explanatory statement

This new clause would ensure that after withdrawal from the EU, the environmental principles of

EU law would be retained as part of UK law.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Martin Whitfield

Geraint Davies

Vernon Coaker

Paul Farrelly

Mike Gapes

Stephen Timms

NC67

To move the following Clause—

“Environmental protection: principles under Article 191 of TFEU

(1)    

Principles contained in Article 191 of TFEU in relation to environmental

protection and listed in subsection (2) shall continue to be recognised and applied

on and after exit day.

(2)    

The principles are—

(a)    

the precautionary principle as it relates to the environment,

(b)    

the principle that preventive action should be taken to avert

environmental damage,

(c)    

the principle that environmental damage should as a priority be rectified

at source, and

(d)    

the principle that the polluter should pay.”

Member’s explanatory statement

This new clause would ensure that environmental principles under Article 191 of the Treaty on the

Functioning of the European Union would continue to apply in the UK after exit day.

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European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

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

Angela Smith

Mr David Lammy

Ann Coffey

Seema Malhotra

Mike Gapes

Tulip Siddiq

Martin Whitfield

Paul Farrelly

Patrick Grady

Ann Coffey

Angus Brendan MacNeil

Wera Hobhouse

Tim Farron

93

Clause  4,  page  2,  line  45,  leave out sub-paragraph (b)

Member’s explanatory statement

The test set out at Clause 4(1)(a), that such rights are available in domestic law immediately before

exit day, is sufficient for those rights to continue to be available following the UK’s exit from the

EU.

Ian Blackford

Joanna Cherry

Patrick Grady

Stephen Gethins

Kirsty Blackman

Peter Grant

Jamie Stone

Wera Hobhouse

Martyn Day

Douglas Chapman

70

Clause  4,  page  2,  line  47,  at end insert—

“(1A)    

Rights, powers, liabilities, obligations, restrictions, remedies and procedures

under subsection (1) shall include directly effective rights contained in the

following Articles of, and Protocols to, the Treaty on the Functioning of the

European Union—

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European Union (Withdrawal) Bill, continued

Kate Green

Ann Coffey

Rushanara Ali

Mr Chris Leslie

Stella Creasy

Mrs Madeleine Moon

Angela Smith

Heidi Alexander

Stephen Doughty

Tulip Siddiq

Helen Hayes

Chuka Umunna

Catherine McKinnell

Mike Gapes

Jo Swinson

Caroline Lucas

Mr Barry Sheerman

Lisa Nandy

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Stephen Kinnock

Ian Murray

Seema Malhotra

Catherine West

Jamie Stone

Chris Bryant

Mr David Lammy

Layla Moran

Wera Hobhouse

Martin Whitfield

Paul Farrelly

Stephen Timms

148

Clause  4,  page  2,  line  47,  at end insert—

“(1A)    

Rights, powers, liabilities, obligations, restrictions, remedies and procedures

under subsection (1) shall include directly effective rights and obligations

contained in the United Nations Convention on the Rights of the Child.”

Member’s explanatory statement

This amendment would seek to preserve after exit from the EU any rights or obligations arising

from the United Nations Convention on the Rights of the Child which applied in UK domestic law

by virtue of its membership of the European Union.

Kerry McCarthy

Caroline Lucas

Ian Murray

Mary Creagh

Mr Ben Bradshaw

Darren Jones

Ruth Cadbury

Catherine McKinnell

Stella Creasy

Ms Karen Buck

Ms Angela Eagle

Stephen Doughty

Mrs Madeleine Moon

Helen Hayes

Angela Smith

Mr David Lammy

Ann Coffey

Seema Malhotra

Jamie Stone

Chris Bryant

Mike Gapes

Wera Hobhouse

Tulip Siddiq

Martin Whitfield

Paul Farrelly

Patrick Grady

Norman Lamb

Angus Brendan MacNeil

Tim Farron

Stephen Timms

94

Clause  4,  page  3,  line  4,  leave out paragraph (b)

Member’s explanatory statement

Clause 4(2)(b) excludes rights arising under EU directives which are not recognised by the courts.

This Amendment would remove Clause 4(2)(b) so that rights arising under EU directives (but not

yet adjudicated on by the courts) are protected and continue to be available in UK courts.

Committee of the whole House: 15 November 2017            

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European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

Ian Murray

Mary Creagh

Mr Ben Bradshaw

Darren Jones

Ruth Cadbury

Catherine McKinnell

Stella Creasy

Ms Karen Buck

Ms Angela Eagle

Stephen Doughty

Mrs Madeleine Moon

Helen Hayes

Mr David Lammy

Ann Coffey

Jamie Stone

Chris Bryant

Mike Gapes

Wera Hobhouse

Tulip Siddiq

Martin Whitfield

Paul Farrelly

Patrick Grady

Norman Lamb

Angus Brendan MacNeil

Tim Farron

Stephen Timms

95

Clause  4,  page  3,  line  9,  at end insert—

“(4)    

Where, following the United Kingdom’s exit from the EU, no specific provision

has been made in respect of an aspect of EU law applying to the UK or any part

of the United Kingdom immediately prior to the United Kingdom’s exit from the

EU, that aspect of EU law shall continue to be effective and enforceable in the

United Kingdom with equivalent scope, purpose and effect as immediately before

exit day.

(5)    

Where, following the United Kingdom’s exit from the EU, retained EU law is

found to incorrectly or incompletely transpose the requirements of EU legislation

in force on exit day, a Minister of the Crown shall make regulations made subject

to an enhanced scrutiny procedure so as to ensure full transposition of the EU

legislation.”

Member’s explanatory statement

New subsection (4) deals with a situation where the UK has incorrectly implemented a directive.

In cases of incorrect implementation, reliance on the EU directive may still be necessary. New

subsection (5) would ensure that where the UK has not correctly or completely implemented EU

law, prior to exit day, there will be a statutory obligation on Ministers to modify UK law to ensure

that the relevant EU legislation is correctly and fully implemented.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 5 OR SCHEDULE 1, CLAUSE

5, SCHEDULE 1

Mr Chris Leslie

Mr Pat McFadden

Chuka Umunna

Paul Farrelly

Mr David Lammy

Ian Murray

Stephen Doughty

Kate Green

Kerry McCarthy

Catherine McKinnell

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Rushanara Ali

Stella Creasy

Stephen Kinnock

Ann Coffey

Catherine West

Committee of the whole House: 15 November 2017            

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European Union (Withdrawal) Bill, continued

Chris Bryant

Mike Gapes

Martin Whitfield

Neil Coyle

Stephen Timms

NC16

To move the following Clause—

“Charter of Fundamental Rights – Government Report

(1)    

Within one month of Royal Assent of this Act, HM Government shall lay a report

before both Houses of Parliament reviewing the implications of removing the

Charter of Fundamental Rights from domestic law after exit day as set out in

section 5(4) of this Act.

(2)    

The report under subsection (1) shall set out the policy of Her Majesty’s

Government specifically in relation to the fundamental rights of—

(a)    

dignity, the right to life, to freedom from torture, slavery, the death

penalty, eugenic practices and human cloning,

(b)    

freedoms, the right to liberty, personal integrity, privacy, protection of

personal data, marriage, thought, religion, expression, assembly,

education, work, property and asylum,

(c)    

equality, the right to equality before the law, prohibition of all

discrimination including on basis of disability, age and sexual

orientation, cultural, religious and linguistic diversity, the rights of

children and the elderly,

(d)    

solidarity, the right to fair working conditions, protection against

unjustified dismissal, and access to health care, social and housing

assistance,

(e)    

citizens’ rights, the rights of citizens such as the right to vote in elections

and to move freely, the right to good administration, to access documents

and to petition Parliament, and

(f)    

justice, the right to an effective remedy, a fair trial, to the presumption of

innocence, the principle of legality, non-retrospectivity and double

jeopardy.”

Member’s explanatory statement

This new clause would require Ministers to produce a report reviewing in full the implications of

removing from UK law the Charter of Fundamental Rights – and the rights for UK citizens which

it has help to guarantee.

Tom Brake

NC78

To move the following Clause—

“Consequences of leaving the European Union: equality

(1)    

This section comes into force when the power under section 14 to appoint exit day

for the purposes of this Act is first exercised.

(2)    

The purpose of this section is to ensure that the withdrawal of the United

Kingdom from the European Union does not diminish protection for equality in

the law of the United Kingdom.

(3)    

All individuals are equal before the law and have the right to the equal protection

and benefit of the law.

(4)    

All individuals have a right not to be discriminated against by any public

authority on any grounds including sex, race, colour, ethnic or social origin,

genetic features, language, religion or belief, political or any other opinion,