1

House of Commons

Notices of Amendments

given up to and including

Thursday 14 September 2017

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 139 to 147

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withdrawn amendments at the end.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

Catherine McKinnell

53

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

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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

Catherine McKinnell

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The European Communities Act 1972 shall only be repealed under subsection (1)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

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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

Catherine McKinnell

Stephen Doughty

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

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European Union (Withdrawal) Bill, continued

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

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

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.

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European Union (Withdrawal) Bill, continued

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.

“(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

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.

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European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

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

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.

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—

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European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

Ian Murray

Mary Creagh

Mr Ben Bradshaw

Darren Jones

Ruth Cadbury

Catherine McKinnell

Stella Creasy

Ms Karen Buck

Ms Angela Eagle

Stephen Doughty

Mrs Madeleine Moon

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.