Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Wednesday 15 November 2017

 

Committee of the whole House

 

Proceedings

 

European Union (Withdrawal) Bill


 

[Second DAY]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 


 

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


 
 

Committee of the whole House Proceedings: 15 November 2017  

2

 

European Union (Withdrawal) Bill, continued

 
 

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

Chris Bryant

Angela Smith

Tulip Siddiq

Hugh Gaffney

Martin Whitfield

Geraint Davies

Mr George Howarth

Vernon Coaker

Ann Coffey

Mike Gapes

Stephen Timms

 

Withdrawn after debate  NC2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.”

 


 

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

 

Not called  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.”

 



 
 

Committee of the whole House Proceedings: 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

 

Negatived on division  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.”

 


 

Frank Field

 

Ruth Smeeth

 

Mr Ronnie Campbell

 

Gareth Snell

 

Kelvin Hopkins

 

Gordon Henderson

Kate Hoey

 

Not called  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


 
 

Committee of the whole House Proceedings: 15 November 2017  

4

 

European Union (Withdrawal) Bill, continued

 
 

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

 

Not called  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).”

 


 

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


 
 

Committee of the whole House Proceedings: 15 November 2017  

5

 

European Union (Withdrawal) Bill, continued

 
 

Kate Green

Caroline Lucas

Tulip Siddiq

Paul Farrelly

Ann Coffey

Mike Gapes

Stephen Hammond

Stephen Timms

 

Not called  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.”

 


 

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

 

Negatived on division  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;

 

(b)    

equality entitlements, rights and protection;

 

(c)    

health and safety entitlement, rights and protection;

 

(d)    

consumer standards; and

 

(e)    

environmental standards and protection.”

 

 



 
 

Committee of the whole House Proceedings: 15 November 2017  

6

 

European Union (Withdrawal) Bill, continued

 
 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

Martyn Day

 

Douglas Chapman

 

Not called  200

 

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

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Wera Hobhouse

 

Not called  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.”

 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

Martyn Day

 

Douglas Chapman

 

Not called  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.”

 

Clause Agreed to.

 



 
 

Committee of the whole House Proceedings: 15 November 2017  

7

 

European Union (Withdrawal) Bill, continued

 
 

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

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Martyn Day

 

Douglas Chapman

 

Not called  217

 

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

 

Robert Neill

 

Stephen Hammond

 

Wes Streeting

 

Not called  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.”

 

Clause Agreed to.

 


 

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


 
Back to StartNext
 

Revised 16 November 2017