Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 13 September 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 138

 

Committee of the whole House


 

European Union (Withdrawal) Bill


 

Note

 

This document includes all amendments tabled to date 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withdrawn amendments at the end.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 1, CLAUSE 1

 

Mr Chris Leslie

 

Mike Gapes

 

Neil Coyle

 

Peter Kyle

 

Mr Ben Bradshaw

 

Liz Kendall

Stephen Doughty

Chuka Umunna

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

 

53

 

Clause  1,  page  1,  line  3,  at beginning insert “Subject to ratification by both Houses


 
 

Notices of Amendments: 13 September 2017                

2

 

European Union (Withdrawal) Bill, continued

 
 

of Parliament of a new Treaty between the European Union and the United Kingdom,”

 

Member’s explanatory statement

 

This amendment would ensure that the United Kingdom does not repeal the European

 

Communities Act 1972 and exit the European Union unless and until a new Treaty establishing a

 

future relationship between the UK and EU has been agreed and ratified by Parliament.

 

Mr Chris Leslie

 

Stephen Timms

 

Mike Gapes

 

Mr Chuka Umunna

 

Neil Coyle

 

Stephen Gethins

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

 

63

 

Clause  1,  page  1,  line  3,  after “1972”, insert “, except for section 5 of and Schedule

 

2 to that Act,”

 

Member’s explanatory statement

 

This amendment would ensure that the existing legal framework for customs duties and the

 

Customs Union common external tariff framework would continue to be in effect after exit day.

 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

Stephen Gethins

 

Kirsty Blackman

 

Peter Grant

 

69

 

Clause  1,  page  1,  line  3,  at end insert “, if the requirement in subsection (2) is met.

 

(2)    

The European Communities Act 1972 shall only be repealed under subsection (1)

 

if an agreement has been reached with the European Council that failure by the

 

Parliament of the United Kingdom to approve the terms of exit for the UK will

 

result in the maintenance of UK membership on existing terms.”

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

Joanna Cherry

 

78

 

Clause  1,  page  1,  line  3,  at end insert—

 

“(2)    

Regulations under section 19(2) bringing into force subsection (1) may not be

 

made until the Prime Minister is satisfied that an agreement has been reached for

 

the United Kingdom to remain a member of the EEA and of the Customs Union.”

 

Member’s explanatory statement

 

This amendment makes the repeal of the European Communities Act 1972 on exit day conditional

 

on the Prime Minister reaching an agreement for the United Kingdom to remain a member of the

 

EEA and Customs Union.


 
 

Notices of Amendments: 13 September 2017                

3

 

European Union (Withdrawal) Bill, continued

 
 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

Joanna Cherry

 

79

 

Clause  1,  page  1,  line  3,  at end insert—

 

“(2)    

Regulations under section 19(2) bringing into force subsection (1) may not be

 

made until the Prime Minister is satisfied that resolutions have been passed by the

 

Scottish Parliament, the National Assembly for Wales and the Northern Ireland

 

Assembly signifying consent to the commencement of subsection (1).”

 

Member’s explanatory statement

 

This amendment makes the repeal of the European Communities Act 1972 on exit day conditional

 

on the Prime Minister gaining consent from the devolved legislatures.

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

80

 

Clause  1,  page  1,  line  3,  at end insert—

 

“(2)    

Regulations under section 19(2) bringing into force subsection (1) may not be

 

made until the Secretary of State lays a report before—

 

(a)    

Parliament, and

 

(b)    

the National Assembly for Wales

 

    

outlining the effect of the United Kingdom’s withdrawal from the EU on the

 

National Assembly for Wales’s block grant.”

 

Member’s explanatory statement

 

This amendment would require the UK Government to lay a report before the National Assembly

 

for Wales outlining the effect of the UK’s withdrawal from the EU on Welsh finances, before

 

exercising the power under section 1. This would allow for scrutiny of the Leave Campaign’s

 

promise to maintain current levels of EU funding for Wales.

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 6, CLAUSE 6

 

Mr Chris Leslie

 

Paul Farrelly

 

Mr David Lammy

 

Ian Murray

 

Mike Gapes

 

Caroline Lucas

 

NC14

 

To move the following Clause—

 

         

“Interpretation of retained EU law during transitional period

 

Within one month of Royal Assent of this Act the Secretary of State shall lay a

 

report before Parliament setting out how the interpretation of retained EU law

 

provisions in section 6 shall operate in the event of a transitional period being


 
 

Notices of Amendments: 13 September 2017                

4

 

European Union (Withdrawal) Bill, continued

 
 

agreed between the United Kingdom and the European Union ahead of the

 

implementation of a withdrawal agreement.”

 

Member’s explanatory statement

 

This new clause would ensure that Ministers must set out in detail how the provisions in clause 6

 

would apply during a transitional period before the United Kingdom fully implements a

 

withdrawal agreement.

 

 


 

Joanna Cherry

 

137

 

Parliamentary Star - white    

Clause  6,  page  3,  line  34,  leave out subsection (2) and insert—

 

“(2)    

When interpreting retained EU law after exit day a court or tribunal shall pay due

 

regard to any relevant decision of the European Court.”

 


 

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

 

Mr Chris Leslie

 

Mr David Lammy

 

Ian Murray

 

Mike Gapes

 

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.”

 

Member’s explanatory statement

 

This new clause would ensure that Parliament is informed of changes in EU and EEA provisions

 

that might have amended UK law if the UK had remained a member of those institutions beyond

 

exit day.

 

 


 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

87

 

Clause  2,  page  1,  line  19,  at end insert “or any enactment to which subsection (2A)

 

applies.


 
 

Notices of Amendments: 13 September 2017                

5

 

European Union (Withdrawal) Bill, continued

 
 

“(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.”

 

Member’s explanatory statement

 

This amendment alters the definition of EU retained law so as only to include reserved areas of

 

legislation. This will allow the National Assembly for Wales and the other devolved

 

administrations to legislate on areas of EU derived law which fall under devolved competency for

 

themselves.

 


 

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

 

Caroline Lucas

 

Kerry McCarthy

 

Tom Brake

 

Liz Saville Roberts

 

Jim Fitzpatrick

 

NC30

 

Parliamentary Star - white    

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.

 

 


 

Kerry McCarthy

 

Caroline Lucas

 

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.


 
 

Notices of Amendments: 13 September 2017                

6

 

European Union (Withdrawal) Bill, continued

 
 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

Stephen Gethins

 

Kirsty Blackman

 

Peter Grant

 

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—

 

Non-discrimination on ground of

Article 18

 
 

nationality

  
 

Citizenship rights

Article 20 (except article 20(2)(c))

 
 

Rights of movement and residence

Article 21(1)

 
 

deriving from EU citizenship

  
 

Establishes customs union,

Article 28

 
 

prohibition of customs duties,

  
 

common external tariff

  
 

Prohibition on customs duties

Article 30

 
 

Prohibition on quantitative

Article 34

 
 

restrictions on imports

  
 

Prohibition on quantitative

Article 35

 
 

restrictions on exports

  
 

Exception to quantitative restrictions

Article 36

 
 

Prohibition on discrimination

Article 37(1) and (2)

 
 

regarding the conditions under which

  
 

goods are procured

  
 

Free movement of workers

Article 45(1), (2) and (3)

 
 

Freedom of establishment

Article 49

 
 

Freedom to provide services

Article 56

 
 

Services

Article 57

 
 

Free movement of capital

Article 63

 
 

Competition

Article 101(1)

 
 

Abuse of a dominant position

Article 102

 
 

Public undertakings

Article 106(1) and (2)

 
 

State aid

Article 107(1)

 
 

Commission consideration of plans

Article 108(3)

 
 

re: state aid

  
 

Internal taxation

Article 110

 
 

Non-discrimination in indirect taxes

Articles 111 to 113

 
 

Economic co-operation

Articles 120 to 126

 
 

Equal pay

Article 157

 
 

European Investment Bank (EIB)

Article 308 (first and second sub-

 
  

paragraphs)

 
 

Combating fraud on the EU

Article 325(1) and (2)

 
 

Disclosure of information and

Article 346

 
 

national security

  
 

EIB

Protocol 5 - Articles 3, 4, 5, 7(1), 13,

 
  

15, 18(4), 19(1) and (2), 20(2), 23(1)

 
  

and (4), 26, 27 (second and third sub-

 
  

paragraphs)

 
 

Privileges and immunities of the EIB

Protocol 7 - Article 21”

 

 
 

Notices of Amendments: 13 September 2017                

7

 

European Union (Withdrawal) Bill, continued

 
 

Kerry McCarthy

 

Caroline Lucas

 

Ian Murray

 

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.

 

Kerry McCarthy

 

Caroline Lucas

 

Ian Murray

 

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) ensures that where the UK has not correctly or completely implemented EU law,


 
Back to StartNext
 

Revised 13 September 2017