Committee of the whole House: 20 December 2017            

22

European Union (Withdrawal) Bill, continued

Ian Blackford

Patrick Grady

Neil Gray

Dr Philippa Whitford

Martyn Day

Douglas Chapman

NC47

To move the following Clause—

“Assessing the impact of leaving the EU on social and medical care provision

for disabled people

Within six months of the passing of this Act, the Secretary of State must publish

an assessment of the impact of leaving the EU on social and medical care

provision for disabled people living in the UK.”

Member’s explanatory statement

This new clause would require the Secretary of State to publish within six months of the passing of

this Act an assessment of the impact of leaving the EU on social and medical care provision for

disabled people living in the UK.

Mr Chris Leslie

Mr George Howarth

Ian Murray

Mike Gapes

Mr David Lammy

Angela Smith

Dr Philippa Whitford

Martin Whitfield

Martyn Day

Paul Farrelly

Tulip Siddiq

Stephen Timms

Stephen Doughty

NC48

To move the following Clause—

“Mutual Recognition Agreements

(1)    

In the course of negotiating a withdrawal agreement, Her Majesty’s Government

shall seek to maintain after exit day the full range of mutual recognition

agreements with which the United Kingdom has obtained rights of product

conformity assessments and standards by virtue of its membership of the

European Union.

(2)    

In respect of mutual recognition agreements relating to the safeguarding of public

health, within one month of this Act being passed, the Secretary of State must

publish a strategy for ensuring that existing UK notified bodies, in accordance

with provisions laid out in the EU Medical Devices Regulation, may continue to

conduct conformity assessment certification for both UK and EU medical devices

to ensure continuity within and beyond the European Union.”

Member’s explanatory statement

This new clause would require the UK Government to seek to maintain existing mutual recognition

agreements and to publish a plan for UK notified bodies (such as the British Standards Institute)

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

to continue to perform conformity assessments for medical devices and pubic health-related

products deriving both within the UK and from across the EU.

Frank Field

Ruth Smeeth

Mr Ronnie Campbell

Gareth Snell

Gordon Henderson

Kate Hoey

NC52

To move the following Clause—

“Duty to secure safe harbour

(1)    

It shall be the duty of the Prime Minister to seek to secure the United Kingdom’s

continued membership of the Single Market and of the Customs Union until such

time as the Prime Minister is satisfied that the conditions in subsections (2) and

(3) are met.

(2)    

The condition in this subsection is that the United Kingdom and the European

Union have reached an agreement on the future trading relationship between the

United Kingdom and the European Union.

(3)    

The condition in this subsection is that the United Kingdom has developed a

satisfactory framework for immigration controls in respect of nationals of

European Union Member States not resident in the United Kingdom on the date

on which the United Kingdom ceases to belong to the European Union.”

Mr Kenneth Clarke

Mr Chris Leslie

Caroline Lucas

Chuka Umunna

Ann Coffey

Ian Murray

Seema Malhotra

Helen Hayes

Mike Gapes

Mr David Lammy

Angela Smith

Anna Soubry

Mr Gavin Shuker

Kate Green

Dr Philippa Whitford

Stephen Doughty

Tulip Siddiq

Martin Whitfield

Paul Farrelly

Neil Coyle

Susan Elan Jones

NC54

To move the following Clause—

“Implementation and transition

(1)    

Her Majesty’s Government shall seek to secure a transition period prior to the

implementation of the withdrawal agreement of not less than two years in

duration, during which—

(a)    

access between EU and UK markets should continue on the terms

existing prior to exit day,

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

(b)    

the structures of EU rules and regulations existing prior to exit day shall

be maintained,

(c)    

the UK and EU shall continue to take part in the level of security

cooperation existing prior to exit day,

(d)    

new processes and systems to underpin the future partnership between

the EU and UK can be satisfactorily implemented, including a new

immigration system and new regulatory arrangements,

(e)    

financial commitments made by the United Kingdom during the course

of UK membership of the EU shall be honoured.

(2)    

No Minister of the Crown shall appoint exit day if the implementation and

transition period set out in subsection (1) does not feature in the withdrawal

arrangements between the UK and the European Union.”

Member’s explanatory statement

This new clause would ensure that the objectives set out by the Prime Minister in her Florence

speech are given the force of law and, if no implementation and transition period is achieved in

negotiations, then exit day may not be triggered by a Minister of the Crown. The appointment of

an ‘exit day’ would therefore require a fresh Act of Parliament in such circumstances.

Peter Grant

Caroline Lucas

Stephen Doughty

Jo Swinson

Tom Brake

Kerry McCarthy

Layla Moran

Mike Gapes

Martyn Day

Mr Nigel Evans

Robert Neill

Angus Brendan MacNeil

Andrew Rosindell

Paul Flynn

Carol Monaghan

Martin Vickers

Lady Hermon

Joanna Cherry

Dr Philippa Whitford

Alistair Carmichael

Mr Stephen Hepburn

Patrick Grady

Stephen Gethins

NC56

To move the following Clause—

“Saving of acquired rights: Gibraltar

(1)    

Nothing in this Act is to be construed as removing, replacing, altering or

prejudicing the exercise of an acquired right.

(2)    

Any power, howsoever expressed, contained in this Act may not be exercised if

the exercise of that power is likely to or will remove, replace or alter or prejudice

the exercise of an acquired right.

(3)    

In subsection (2) a reference to a power includes a power to make regulations.

(4)    

In this section an acquired right means a right that existed immediately before exit

day—

(a)    

whereby a person from or established in Gibraltar could exercise that

right (either absolutely or subject to any qualification) in the United

Kingdom; and

(b)    

the right arose in the context of the United Kingdom’s membership of the

European Union and Gibraltar’s status as a European territory for whose

external relations the United Kingdom is responsible within the meaning

of Article 355(3) TFEU and to which the provisions of the EU Treaties

apply, subject to the exceptions specified in the 1972 Act of Accession.

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

(5)    

Nothing in this section prevents the use of the powers conferred by this Act to the

extent that acquired rights are not altered or otherwise affected to the detriment

of persons enjoying such rights.”

Member’s explanatory statement

The purpose of this new clause is to ensure that the Bill does not remove or prejudice rights (for

instance in the financial services field) which, as a result of the UK’s (and Gibraltar’s) common

membership of the EU, could be exercised in the UK by a person from or established in Gibraltar,

where that right existed immediately before exit day.

Mr Chris Leslie

Dr Philippa Whitford

Martyn Day

Neil Coyle

Stephen Timms

Helen Hayes

Mr David Lammy

Stephen Doughty

NC59

To move the following Clause—

“Mutual recognition of professional qualifications

(1)    

In the course of negotiating a withdrawal agreement, Her Majesty’s Government

shall seek to maintain after exit day the mutual recognition of professional

qualifications which the United Kingdom has obtained under Directives 2005/36/

EC and 2013/55/EU by virtue of its membership of the European Union.

(2)    

HM Government shall ensure that competent authorities for the purpose of the

European Union (Recognition of Professional Qualifications) Regulations 2015

may continue to recognise professional qualifications obtained in the European

Union as equivalent to qualifications obtained in the UK after exit day to ensure

continuity.”

Member’s explanatory statement

This new clause would (a) commit the Government to seeking to replicate in the withdrawal

agreement the framework for mutual recognition of professional qualifications the UK has at

present and (b) allow competent UK authorities to continue to recognise EU qualifications as

equivalent to their UK counterparts.

Committee of the whole House: 20 December 2017            

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European Union (Withdrawal) Bill, continued

Mary Creagh

Caroline Lucas

Martyn Day

Kerry McCarthy

Helen Hayes

Kate Green

Stephen Doughty

NC61

To move the following Clause—

“Regulation for the Registration, Evaluation, Authorisation and Restriction

of Chemicals (REACH)

(1)    

The Secretary of State must take all reasonable steps to ensure that the United

Kingdom participates in the standards and procedures established by the

Regulation for the Registration, Evaluation, Authorisation and Restriction of

Chemicals (“REACH”) (Regulation (EC) No 1907/2006) after exit day.

(2)    

Subject to the provisions of the withdrawal agreement, steps under subsection (1)

may include regulations under section 17, or another provision of this Act,

providing for full or partial participation of the United Kingdom in REACH.”

Member’s explanatory statement

This new clause would ensure that after withdrawal from the EU, the UK continued to participate

in the Regulation for the Registration, Evaluation, Authorisation and Restriction of Chemicals.

Robert Neill

Stephen Hammond

Wes Streeting

Stephen Doughty

Susan Elan Jones

NC71

To move the following Clause—

“Mutual market access for financial and professional services

(1)    

Before exit day, a Minister of the Crown must lay before Parliament a report

assessing the progress made by Her Majesty’s Government in negotiating

continued mutual access to markets in the EU and the United Kingdom for

businesses providing financial or professional services.

(2)    

“Mutual access to markets” means the ability for a business established in any

member State to provide services in or into the United Kingdom and vice versa.”

Member’s explanatory statement

This new clause would require a Minister to report before exit day on the Government’s progress

in negotiating mutual market access for financial and professional services

Committee of the whole House: 20 December 2017            

27

European Union (Withdrawal) Bill, continued

Robert Neill

Stephen Hammond

Wes Streeting

Stephen Doughty

NC72

To move the following Clause—

“Importation of food and feed: port health etc.

(1)    

Before exit day, a Minister of the Crown must lay before Parliament a report

assessing the progress made by Her Majesty’s Government in negotiating—

(a)    

continued mutual recognition of standards, inspections, certifications and

other official controls, and

(b)    

a continued basis for co-operation among public authorities, as between

the United Kingdom and the EU in relation to food or animal feed—

(i)    

produced in, or imported from a third country into, the United

Kingdom or a member State, and

(ii)    

subsequently exported from the United Kingdom to a member

State, or vice versa.

(2)    

Any power of the Secretary of State or a Minister of the Crown (including a

power under retained EU law) to make regulations requiring or authorising the

charging of a fee or other charge in respect of the inspection of food or animal

feed on its importation into the United Kingdom must, so far as reasonably

practicable, be exercised so as to allow public authorities conducting such

inspections fully to recover any costs incurred in the carrying out of such

inspections.”

Member’s explanatory statement

This new clause would require a Minister to report before exit day on the Government’s progress

in negotiating mutual recognition of controls on food and feed imports. It would also require the

Government to permit, so far as possible, full cost recovery for authorities carrying out border

inspections of food or feed.

Jess Phillips

Stephen Timms

Caroline Lucas

Liz Saville Roberts

Ms Harriet Harman

Dr Philippa Whitford

Rushanara Ali

Stephen Kinnock

Mr David Lammy

Ms Marie Rimmer

Yvette Cooper

Tim Farron

Catherine West

Sarah Champion

Helen Hayes

Ian Blackford

Alison Thewliss

Stuart C. McDonald

Hywel Williams

Tom Brake

Mr Alistair Carmichael

Jo Swinson

Stella Creasy

Deidre Brock

Carolyn Harris

Nicky Morgan

Mr Chris Leslie

Committee of the whole House: 20 December 2017            

28

European Union (Withdrawal) Bill, continued

Ellie Reeves

Stephen Doughty

Diana Johnson

Susan Elan Jones

NC77

To move the following Clause—

“Co-operation with the European Union on violence against women and girls

(1)    

Within one month of Royal Assent to this Act, and then once in every subsequent

calendar year, the Secretary of State shall lay before Parliament a report on

continued co-operation with the European Union on matters relating to violence

against women and girls.

(2)    

That report must include, in particular, an assessment of how, following exit day,

co-operation with the European Union will replicate mechanisms which exist

within the European Union before exit day to—

(a)    

maintain common rights for victims of domestic and sexual abuse when

moving across borders,

(b)    

reduce female genital mutilation (FGM),

(c)    

reduce human trafficking,

(d)    

reduce child sexual exploitation, and

(e)    

enable data sharing relating to any of (a) to (d).

(3)    

The first report made under subsection (1) following Royal Assent must—

(a)    

include an assessment of the amount and nature of funding provided by

European Union institutions to organisations based in the United

Kingdom for the purposes of research, service provision, and other

activity relating to ending violence against women and girls, and;

(b)    

outline plans to provide comparable resources for research, service

provision, and other activity relating to ending violence against women

and girls in the United Kingdom.”

Member’s explanatory statement

This new clause calls for the Government to lay a report before Parliament laying out how cross-

border action to end violence against women and girls will continue after exit day, assessing the

extent of current European Union funding for work to end violence against women and girls, and

setting out the Government’s plans to provide comparable resources.

Frank Field

NC81

To move the following Clause—

“Date of exit from the European Union (No. 2)

The United Kingdom ceases to belong to the European Union at 11pm on 29

March 2019.”