Committee of the whole House: 20 December 2017            

8

European Union (Withdrawal) Bill, continued

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

decisions of, the European Court, as they have effect in EU law

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);

“retained EU law” means anything which, on or after exit day, continues to

be, or forms part of, domestic law by virtue of section 2, 3 or 4 or

subsection (3) or (6) above (as that body of law is added to or otherwise

modified by or under this Act or by other domestic law from time to

time);

“retained general principles of EU law” means the general principles of EU

law, as they have effect in EU law 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 are modified by or under this Act or by other

domestic law from time to time).”

Secretary David Davis

Mr Peter Bone

382

Clause  14,  page  11,  line  24,  leave out from “Act” to end of line 32 and insert

“references to before, after or on exit day, or to beginning with exit day, are to be read as

references to before, after or at 11.00 p.m. on 29 March 2019 or (as the case may be) to

beginning with 11.00 p.m. on that day.”

Member’s explanatory statement

This amendment is consequential on amendment 381 and ensures that references to exit day in the

Bill and other legislation operate correctly in relation to the time as well as the date of the United

Kingdom’s withdrawal from the EU.

Yvette Cooper

Ms Harriet Harman

Norman Lamb

Caroline Lucas

Anna Soubry

Helen Hayes

Stephen Doughty

387

Clause  14,  page  11,  line  24,  leave out from “Act” to end of line 32 and insert

“references to before, after or on exit day, or to beginning with exit day, are to be read as

references to before, after or at 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 is consequential on Amendment 386 and ensures that references to exit day in the

Bill and other legislation operate correctly in relation to the time as well as the date of the United

Kingdom’s withdrawal from the EU.

Committee of the whole House: 20 December 2017            

9

European Union (Withdrawal) Bill, continued

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

Ann Coffey

Steve McCabe

Seema Malhotra

Jamie Stone

Mike Gapes

Wera Hobhouse

Hugh Gaffney

Martin Whitfield

Vernon Coaker

Stephen Timms

Ms Harriet Harman

Diana Johnson

Stephen Doughty

Susan Elan Jones

44

Clause  14,  page  11,  line  25,  leave out “a Minister of the Crown” and insert

“Parliament”

Member’s explanatory statement

This amendment together with Amendments 43 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.

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

Steve McCabe

Seema Malhotra

Jamie Stone

Mike Gapes

Wera Hobhouse

Hugh Gaffney

Martin Whitfield

Vernon Coaker

Stephen Timms

Ms Harriet Harman

Stephen Doughty

Susan Elan Jones

45

Clause  14,  page  11,  line  30,  leave out “a Minister of the Crown” and insert

“Parliament”

Member’s explanatory statement

This amendment together with Amendments 43 and 44 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.

Committee of the whole House: 20 December 2017            

10

European Union (Withdrawal) Bill, continued

Mr Steve Baker

Sir Oliver Letwin

Mr Geoffrey Cox

Mr Bernard Jenkin

Kit Malthouse

Paul Masterton

John Penrose

James Morris

Robert Jenrick

Andrew Bridgen

Neil O’Brien

Mr Ranil Jayawardena

Sir William Cash

Jeremy Lefroy

George Freeman

James Cleverly

Andrew Bowie

Stephen Kerr

Matt Warman

Mr Jacob Rees-Mogg

Dr Julian Lewis

Mike Wood

Mr Graham Brady

James Gray

Mark Pawsey

Jack Brereton

Bim Afolami

Sir Oliver Heald

Rishi Sunak

Ben Bradley

Mr Alister Jack

Suella Fernandes

Mr Nigel Evans

Henry Smith

Sir Edward Leigh

Julian Knight

Richard Drax

Nick Boles

Trudy Harrison

Mrs Sheryll Murray

David Morris

Mr Jonathan Lord

Mr Mark Prisk

Stephen Hammond

Robert Neill

Vicky Ford

Rachel Maclean

Tom Tugendhat

Mr Dominic Grieve

Nicky Morgan

400

Clause  14,  page  11,  line  32,  at end insert—

“(2A)    

Subsection (2B) applies if the day or time on or at which the Treaties are to cease

to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on

European Union is different from that specified in the definition of “exit day” in

subsection (1).

(2B)    

A Minister of the Crown may by regulations—

(a)    

amend the definition of “exit day” in subsection (1) to ensure that the day

and time specified in the definition are the day and time that the Treaties

are to cease to apply to the United Kingdom, and

(b)    

amend subsection (2) in consequence of any such amendment.

(2C)    

In subsections (2A) and (2B) “the Treaties” means the Treaty on European Union

and the Treaty on the Functioning of the European Union.”

Member’s explanatory statement

This amendment confers power on a Minister of the Crown to amend the definition of “exit day”

in Clause 14(1) if the day or time on or at which the United Kingdom ceases to be a member of the

EU is different from that specified in the definition. There is also power to amend Clause 14(2) in

consequence of amending the definition of “exit day”.

Committee of the whole House: 20 December 2017            

11

European Union (Withdrawal) Bill, continued

Tom Brake

Hywel Williams

Stephen Kinnock

Tim Farron

Peter Grant

Caroline Lucas

372

Clause  14,  page  11,  line  48,  at end insert—

“(7)    

The Secretary of State may by regulations amend or modify the definition of “law

relating to equality or human rights” in subsection (1).”

Member’s explanatory statement

This amendment would allow Ministers to amend the definition of “law relating to equality or

human rights” inserted by Amendment 371.

REMAINING NEW CLAUSES, REMAINING NEW SCHEDULES, CLAUSE 15, SCHEDULES 8

AND 9, CLAUSES 18 AND 19, REMAINING PROCEEDINGS ON THE BILL

Mr Chris Leslie

Chuka Umunna

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Paul Farrelly

Mr David Lammy

Ian Murray

Kate Green

Catherine McKinnell

Helen Hayes

Angela Smith

Mr George Howarth

Mary Creagh

Ann Coffey

Mike Gapes

Martin Whitfield

Tulip Siddiq

Mr Clive Betts

NC8

To move the following Clause—

“Committee of the Regions

Her Majesty’s Government shall—

(a)    

maintain a full consultative role for local authorities throughout the

process of withdrawal from the European Union, in due time and in an

appropriate way in the planning and decision-making processes for all

matters which concern them, and

(b)    

provide for a formal mechanism in domestic law fully to replicate the

advisory role conferred on local authorities via membership of the

European Union Committee of the Regions.”

Member’s explanatory statement

This new clause would ensure that the current consultative role that UK local government

currently have via the EU Committee of the Regions would be replicated in the UK after exit day.

Committee of the whole House: 20 December 2017            

12

European Union (Withdrawal) Bill, continued

Mr Chris Leslie

Stephen Timms

Mike Gapes

Chuka Umunna

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

Kerry McCarthy

Helen Hayes

Angela Smith

Stephen Kinnock

Stella Creasy

Mary Creagh

Daniel Zeichner

Ann Coffey

Martin Whitfield

Tulip Siddiq

Susan Elan Jones

NC9

To move the following Clause—

“European Economic Area

The United Kingdom shall, after exit day, remain a member of the European

Economic Area as set out in the European Economic Area Act 1993, and the

provisions in Part 2 of Schedule 8 relating to the United Kingdom’s membership

of the EEA shall not take effect until such time as Ministers have published a

White Paper assessing the costs and benefits for the UK economy of remaining a

member of the European Economic Area after exit day.”

Member’s explanatory statement

This new Clause would ensure that the UK can remain a member of the European Economic Area

until such time as Ministers publish a specific assessment in the form of a White Paper setting out

the costs and benefits for the UK of remaining a member after exit day.

Mr Chris Leslie

Stephen Timms

Mike Gapes

Chuka Umunna

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Paul Farrelly

Mr David Lammy

Ian Murray

Mike Gapes

Caroline Lucas

Kerry McCarthy

Catherine McKinnell

Helen Hayes

Angela Smith

Rushanara Ali

Stella Creasy

Mary Creagh

Ann Coffey

Catherine West

Tulip Siddiq

Martin Whitfield

Susan Elan Jones

NC10

To move the following Clause—

“Transitional arrangements

Her Majesty’s Government shall, in pursuit of a new relationship between the

United Kingdom and European Union after exit day, seek to negotiate and agree

transitional arrangements with the European Union of sufficient duration to

allow—

Committee of the whole House: 20 December 2017            

13

European Union (Withdrawal) Bill, continued

(a)    

the conclusion and coming into force of new trade agreements replicating

as closely as possible all those trade agreements currently applying to the

UK by virtue of its membership of the EU before exit day;

(b)    

an associate membership of the EU Single Market so that the regulatory

settlement existing between the UK and EU before exit day can continue

for the duration of transitional arrangements, which shall be not less than

two years after exit day.”

Member’s explanatory statement

This new Clause would require the UK Government to seek transitional arrangements that would

allow existing trade agreements which currently apply to the UK to be negotiated and continued

for the circumstances applying after the UK has exited the EU, and would seek transitional

arrangements including an associate membership of the EU Single Market for not less than two

years following exit day.

Mr Chris Leslie

Stephen Timms

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

Stella Creasy

Ann Coffey

Seema Malhotra

Martin Whitfield

Mr George Howarth

Tulip Siddiq

NC11

To move the following Clause—

“Ongoing regulatory requirements

After exit day the Secretary of State shall continue to assess all EU regulations,

decisions and tertiary legislation and publish a report to both Houses of

Parliament assessing the costs and benefits of each regulation and directive and

whether HM Government should consider it expedient to propose a similar

reform to UK domestic legislation in order to secure an ongoing regulatory

alignment between the UK and the EU going forward.”

Member’s explanatory statement

After exit day the European Union is likely to continue to produce legislation, regulations and

decisions that would have applied to the United Kingdom if we had remained a member of the EU.

This new clause would require Ministers to publish an assessment of new and developing EU laws

and regulations and whether there would be benefits or costs for the UK in adopting similar legal

changes to UK domestic legislation with a view to maintaining regulatory alignment with the EU

as far as possible.

Committee of the whole House: 20 December 2017            

14

European Union (Withdrawal) Bill, continued

Heidi Alexander

Stephen Doughty

Chuka Umunna

Paul Farrelly

Mr David Lammy

Ian Murray

Mike Gapes

Kerry McCarthy

Catherine McKinnell

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Stephen Kinnock

Mr George Howarth

Daniel Zeichner

Ann Coffey

Mr Gavin Shuker

Tulip Siddiq

Martin Whitfield

Neil Coyle

Gareth Thomas

Stephen Timms

NC23

To move the following Clause—

“EFTA membership

The Secretary of State shall, no later than six months after this Act has gained

Royal Assent, lay a report before Parliament setting out an assessment of whether

it would be in the interests of the United Kingdom to join the European Free

Trade Association (EFTA) and, if so, whether it should remain a party to the EEA

Agreement as a member of EFTA.”

Kerry McCarthy

Caroline Lucas

Ian Murray

Mike Gapes

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

Stephen Kinnock

Ann Coffey

Mr Kenneth Clarke

Layla Moran

Tulip Siddiq

Martin Whitfield

Paul Farrelly

Jamie Stone

Norman Lamb

Tim Farron

Wera Hobhouse

NC28

To move the following Clause—

“General Environmental Principles

(1)    

In carrying out their duties and functions arising by virtue of this Act, public

authorities must have regard to and apply the principles set out in this section.

(2)    

Any duty or function conferred on a public authority must be construed and have

effect in a way that is compatible with the principles in this section and the aim

of achieving a high level of environmental protection and improvement of the

quality of the environment.

(3)    

The principles in this section are—

(a)    

the need to promote sustainable development in the UK and overseas;