1

House of Commons

Wednesday 20 December 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

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This document includes all remaining amendments and includes any withdrawn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 13 OR SCHEDULE 5,

CLAUSE 13, SCHEDULE 5

Mr Chris Leslie

Mr David Lammy

Ian Murray

Catherine McKinnell

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Mr George Howarth

Mary Creagh

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Ann Coffey

Mike Gapes

Layla Moran

Martin Whitfield

Paul Farrelly

Neil Coyle

Stephen Timms

Stephen Doughty

Susan Elan Jones

NC21

To move the following Clause—

“Plain English summary of retained direct EU legislation

HM Government shall ensure that the publication of copies of retained direct EU

legislation as set out in the provisions of section 13 and schedule 5 is

accompanied wherever possible by a summarising explanatory document setting

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

out in terms that are readily understandable the purpose and effect of that retained

direct EU legislation.”

Member’s explanatory statement

This new clause would require Ministers to publish copies of retained direct EU legislation

accompanied by ‘plain English’ and readily understandable summarising explanatory documents.

Ian Blackford

Patrick Grady

Stephen Gethins

Kirsty Blackman

Peter Grant

Martyn Day

Douglas Chapman

Joanna Cherry

77

Clause  13,  page  9,  line  9,  at end insert—

“(3)    

A Minister of the Crown may by regulations—

(a)    

make provision enabling or requiring judicial notice to be taken of a

relevant matter, or

(b)    

provide for the admissibility in any legal proceedings of specified

evidence of—

(i)    

a relevant matter, or

(ii)    

instruments or documents issued by or in the custody of an EU

entity.”

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Paul Farrelly

Ms Harriet Harman

Diana Johnson

Stephen Doughty

Susan Elan Jones

348

Schedule  5,  page  36,  line  9,  at end insert—

“(c)    

any impact assessment conducted by Her Majesty’s Government that in

any way concerns the economic and financial impact of in anyway

altering, modifying or abolishing any relevant instrument.”

Member’s explanatory statement

This amendment would require the Government to publish its economic impact assessments of the

policy options for withdrawal from the EU.

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

Ian Blackford

Patrick Grady

Stephen Gethins

Kirsty Blackman

Peter Grant

Joanna Cherry

Martyn Day

76

Schedule  5,  page  37,  leave out paragraph 4

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 14 OR SCHEDULE 6,

CLAUSE 14, SCHEDULE 6, REMAINING NEW CLAUSES, REMAINING NEW SCHEDULES,

CLAUSE 15, SCHEDULES 8 AND 9, CLAUSES 18 AND 19, REMAINING PROCEEDINGS ON

THE BILL

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 14 OR SCHEDULE 6,

CLAUSE 14, SCHEDULE 6

Mr Chris Leslie

Mike Gapes

Chuka Umunna

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

Helen Hayes

Angela Smith

Mr George Howarth

Mary Creagh

Ann Coffey

Tulip Siddiq

Angus Brendan MacNeil

Martin Whitfield

Stephen Timms

Susan Elan Jones

NC5

To move the following Clause—

“New EU-UK Treaty to be ratified prior to exit day

Ministers shall not bring forward regulations to appoint ‘exit day’ unless both

Houses of Parliament have ratified, by Act of Parliament, a new Treaty between

the United Kingdom and the European Union which is due to take effect

immediately upon the United Kingdom‘s repeal of the European Communities

Act 1972.”

Member’s explanatory statement

This new clause would ensure that Parliament has ratified successor arrangements for a future

relationship and Treaty between the EU and UK before ‘exit day’ can be appointed by Ministers.

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

Mr Chris Leslie

Mr David Lammy

Ian Murray

Stephen Doughty

Mike Gapes

Catherine McKinnell

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Mary Creagh

Ann Coffey

Martin Whitfield

Mr George Howarth

Paul Farrelly

Neil Coyle

Tulip Siddiq

Stephen Timms

Chuka Umunna

Joan Ryan

Mr Pat McFadden

Rushanara Ali

Wes Streeting

Catherine West

Siobhain McDonagh

Susan Elan Jones

NC13

To move the following Clause—

“Customs duties

A Minister of the Crown may not make regulations to appoint exit day until Royal

Assent is granted to an Act of Parliament making provision for the substitution of

section 5 (customs duties) of the European Communities Act 1972 with

provisions that shall allow the United Kingdom to remain a member of the EU

common customs tariff and common commercial policy.”

Member’s explanatory statement

This new clause would ensure that provisions allowing the UK to remain a member of the Customs

Union, as currently set out in section 5 of the European Communities Act 1972 but set to be

repealed by section 1 of this Act, will be enacted ahead of exit day.

Secretary David Davis

Mr Peter Bone

Mr Graham Brady

Tom Tugendhat

Jeremy Lefroy

John Penrose

Nick Boles

381

Clause  14,  page  10,  line  25,  leave out from “means” to “(and” in line 26 and insert

“29 March 2019 at 11.00 p.m.”

Member’s explanatory statement

This amendment removes the power for a Minister of the Crown to appoint exit day by regulations

and ensures that exit day is fixed at 29 March 2019 at 11.00 p.m. for all purposes.

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

Yvette Cooper

Ms Harriet Harman

Norman Lamb

Caroline Lucas

Anna Soubry

Helen Hayes

Mr David Lammy

Stephen Gethins

Mrs Madeleine Moon

Mr Ben Bradshaw

Stephen Doughty

386

Clause  14,  page  10,  line  25,  leave out from “means” to “(and” in line 26 and insert

“the time specified by an Act of Parliament approving the final terms of withdrawal of the

United Kingdom from the EU”.

Member’s explanatory statement

This amendment would require ‘exit day’ to be specified, for all purposes, in a separate bill seeking

approval for the final terms of the withdrawal of the UK from the EU. It would therefore have the

effect of requiring a statute on the withdrawal terms - whatever they might be - to be passed by

Parliament before ‘exit day’.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Valerie Vaz

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

Helen Hayes

Stephen Kinnock

Mr George Howarth

Ann Coffey

Seema Malhotra

Jamie Stone

Wera Hobhouse

Hugh Gaffney

Martin Whitfield

Mike Gapes

Tulip Siddiq

Stephen Timms

Ms Harriet Harman

Diana Johnson

Stephen Doughty

Susan Elan Jones

43

Clause  14,  page  10,  line  25,  leave out “a Minister of the Crown may by regulations’

and insert ‘Parliament may by a majority approval in both Houses”

Member’s explanatory statement

This amendment together with Amendments 44 and 45 would empower Parliament to control the

length and basic terms of transitional arrangements, and would allow Parliament to start the clock

on the sunset clauses within the Bill.

Mr Steve Baker

Sir Oliver Letwin

Mr Geoffrey Cox

Mr Bernard Jenkin

Mr Jacob Rees-Mogg

Andrew Bowie

John Penrose

Jeremy Lefroy

Mr Ranil Jayawardena

Paul Masterton

George Freeman

Stephen Hammond

Robert Neill

399

Clause  14,  page  10,  line  26,  leave out “subsection (2)” and insert “subsections (2)

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

to (2C)”

Member’s explanatory statement

This amendment is consequential on amendment 400 and signposts, in the definition of “exit day”,

the existence of the new subsections that are being inserted into Clause 14 by amendment 400.

Mr Dominic Grieve

Mr Kenneth Clarke

Nicky Morgan

Anna Soubry

Antoinette Sandbach

Stephen Hammond

Dr Sarah Wollaston

Jeremy Lefroy

Robert Neill

Chuka Umunna

Caroline Lucas

Paul Farrelly

Ian Murray

Catherine McKinnell

Heidi Allen

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Mr David Lammy

Mr George Howarth

Ann Coffey

Jamie Stone

Mike Gapes

Lady Hermon

Mr Gavin Shuker

Wera Hobhouse

Martin Whitfield

Tulip Siddiq

Stephen Timms

Kerry McCarthy

Susan Elan Jones

6

Clause  14,  page  10,  line  26,  at end insert “but exit day must be the same day for the

purposes of every provision of this Act.”

Member’s explanatory statement

To prevent the creation of different exit days for different parts of the Act by SI.

Tom Brake

Hywel Williams

Dr Philippa Whitford

Stephen Kinnock

Tim Farron

Peter Grant

Caroline Lucas

371

Clause  14,  page  10,  line  26,  at end insert—

““law relating to equality or human rights” means—

(a)    

the Equality Acts 2006 and 2010;

(b)    

the Human Rights Act 1998; and

(c)    

other enactments relating to equality or human rights.”

Member’s explanatory statement

This amendment defines “law relating to equality or human rights” for the purposes of other

amendments which would broaden protection provided by the Bill from interference with the

Human Rights Act to include other provisions about human rights and equality.

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

Ian Blackford

Peter Grant

Joanna Cherry

Patrick Grady

Martyn Day

Douglas Chapman

384

Clause  14,  page  10,  line  36,  at end insert—

““pending matter” means any litigation which has been commenced in any court

or tribunal in the United Kingdom and which is not finally determined at exit

day”.

Member’s explanatory statement

This amendment provides a definition of pending cases for the purposes of Clause 6.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ms Harriet Harman

Diana Johnson

349

Clause  14,  page  10,  line  46,  leave out “for a term of more than 2 years”

Member’s explanatory statement

This amendment would prevent Ministers using delegated powers to create criminal offences

which carry custodial sentences.

Ian Blackford

Peter Grant

Joanna Cherry

Patrick Grady

Martyn Day

Douglas Chapman

353

Clause  14,  page  10,  line  48,  at end insert—

““retained case law” means—

(a)    

retained domestic case law, and

(b)    

retained EU case law;”

Ian Blackford

Peter Grant

Joanna Cherry

Patrick Grady

Martyn Day

Douglas Chapman

354

Clause  14,  page  11,  line  2,  at end insert—

““retained domestic case law” means any principles laid down by, and any

decisions of, a court or tribunal in the United Kingdom, as they have

effect immediately before exit day and so far as they—

(a)    

relate to anything to which section 2, 3 or 4 applies, and

(b)    

are not excluded by section 5 or Schedule 1,

(as those principles and decisions are modified by or under this Act or by

other domestic law from time to time);