Notices of Amendments: 14 September 2017                

15

European Union (Withdrawal) Bill, continued

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Caroline Lucas

91

Clause  11,  page  7,  leave out from beginning of line 36 to the end of line 7 on page 8

and insert—

“(8)    

An Act of the Assembly cannot modify, or confer power by subordinate

legislation to modify, retained EU law which relates to matters specified in

Schedule 7A to the Government of Wales Act 2006.”

Member’s explanatory statement

This amendment would remove the restrictions on the National Assembly for Wales modifying

retained EU law except in relation to matters that are reserved.

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Tim Farron

Wera Hobhouse

Layla Moran

Jo Swinson

134

Clause  11,  page  8,  line  9,  leave out from “Assembly)” to end of line 28 and insert

“omit subsection 2(d)”

Member’s explanatory statement

This amendment is intended to remove the proposed bar on the Northern Ireland Assembly

legislating inconsistently with EU law.

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Caroline Lucas

92

Clause  11,  page  8,  leave out lines 14 to 28 and insert—

“(8)    

An Act of the Assembly cannot modify, or confer power by subordinate

legislation to modify, retained EU law which relates to matters specified in

Schedules 2 or 3 to the Northern Ireland Act 1998.”

Member’s explanatory statement

This amendment would remove the restrictions on the Northern Ireland Assembly modifying

retained EU law except in relation to matters that are reserved or excepted.

Notices of Amendments: 14 September 2017                

16

European Union (Withdrawal) Bill, continued

Ian Blackford

Joanna Cherry

Patrick Grady

Stephen Gethins

Kirsty Blackman

Peter Grant

Caroline Lucas

72

Clause  11,  page  8,  line  28,  at end insert—

“(3A)    

This section shall not come into effect until—

(a)    

the Scottish Parliament has passed a resolution approving the provisions

in subsection (1);

(b)    

the National Assembly for Wales has passed a resolution approving the

provisions in subsection (2); and

(c)    

the Northern Ireland Assembly has passed a resolution approving the

provisions in subsection (3).”

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 10 OR SCHEDULE 2,

CLAUSE 10, SCHEDULE 2

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Tim Farron

Wera Hobhouse

Caroline Lucas

Layla Moran

Jo Swinson

135

Schedule  2,  page  20,  line  18,  leave out paragraph 10

Member’s explanatory statement

This amendment is intended to remove the proposed restriction in the Bill on devolved authorities

modifying retained direct EU legislation etc.

Caroline Lucas

119

Schedule  2,  page  22,  line  15,  leave out “two years beginning with exit day” and

insert “12 months beginning with March 2019”

Member’s explanatory statement

This amendment would restrict the use of the delegated powers granted to Ministers in clause 8 to

a period of 12 months after 29 March 2019.

Notices of Amendments: 14 September 2017                

17

European Union (Withdrawal) Bill, continued

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Tim Farron

Wera Hobhouse

Caroline Lucas

Layla Moran

Jo Swinson

136

Schedule  2,  page  22,  line  25,  leave out paragraph 15

Member’s explanatory statement

This amendment is intended to remove the proposed restriction in the Bill on devolved authorities

modifying retained direct EU legislation etc.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 12 OR SCHEDULE 4,

CLAUSE 12, SCHEDULE 4

Mr Chris Leslie

Mr Pat McFadden

Paul Farrelly

Mr David Lammy

Ian Murray

Liz Kendall

Mike Gapes

Catherine McKinnell

Stephen Doughty

NC17

To move the following Clause—

“Withdrawal Agreement Payment to the European Union

Nothing in section 12 of this Act shall be taken to permit a Minister of the Crown,

government department or devolved authority to pay out of money provided by

Parliament expenditure in relation to a settlement in respect of the making of a

withdrawal agreement with the European Union unless a draft of the instrument

authorising that payment has been laid before, and approved by a resolution of the

House of Commons.”

Member’s explanatory statement

This new clause would ensure that the financial provision made in section 12 of this Act does not

allow the Government to make a payment in settlement of the UK’s withdrawal from the European

Union as part of a withdrawal agreement or new Treaty unless it has been expressly approved by

the House of Commons.

Notices of Amendments: 14 September 2017                

18

European Union (Withdrawal) Bill, continued

Mr Chris Leslie

Mike Gapes

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Liz Kendall

Stephen Doughty

Mr Pat McFadden

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

54

Clause  12,  page  9,  line  4,  at end insert—

“(5)    

No payment shall be made to the European Union or its member states in respect

of the making of a withdrawal agreement or a new Treaty with the European

Union or any new settlement relating to arrangements that are to be made after

exit day unless a draft of the instrument authorising the payment has been laid

before, and approved by a resolution of the House of Commons.”

Member’s explanatory statement

This amendment would ensure that there is a vote in the House of Commons to approve any

settlement payment agreed by Ministers as a consequence of negotiations on a withdrawal

agreement or new Treaty with the European Union.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 7, CLAUSE 7

Mr Chris Leslie

Mr David Lammy

Ian Murray

Mike Gapes

Catherine McKinnell

NC18

To move the following Clause—

“Regulations to deal with deficiencies arising from withdrawal – Independent

Report

Within one month of Royal Assent of this Act HM Government shall commission

the publication of an Independent Report into the constitutional implications of

the powers delegated to Ministers in section 7 of this Act and the implications

these powers will have on the relationship between Parliament and the executive,

the rule of law and legal certainty, and the stability of the UK’s territorial

constitution.”

Member’s explanatory statement

This new clause would require the Government to commission an Independent Report into the

constitutional implications of the wide-ranging powers to make regulations delegated to Ministers

in Clause 7 of the Bill, in pursuance of the conclusions of the 3rd Report of the House of Lords

Select Committee on the Constitution session 2017-19 (HL Paper 19) “European Union

(Withdrawal) Bill: interim report”

Notices of Amendments: 14 September 2017                

19

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

NC24

To move the following Clause—

“Scope of delegated powers

Subject to sections 8 and 9 and paragraphs 13 and 21 of Schedule 2, any power

to make, confirm or approve subordinate legislation conferred or modified under

this Act and its Schedules must be used, and may only be used, insofar as is

necessary to ensure that retained EU law continues to operate with equivalent

scope, purpose and effect following the United Kingdom’s exit from the EU.”

Member’s explanatory statement

The purpose of this amendment is to ensure that the powers to create secondary legislation given

to Ministers by the Bill can be used only in pursuit of the overall statutory purpose, namely to allow

retained EU law to continue to operate effectively after exit day.

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

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.

Notices of Amendments: 14 September 2017                

20

European Union (Withdrawal) Bill, continued

(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.”

Member’s explanatory statement

This new clause provides a mechanism for Ministers to establish a list of technical provisions of

retained EU law that may be amended by subordinate legislation outside of the time restrictions

of the Bill.

Caroline Lucas

Kerry McCarthy

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

NC27

To move the following Clause—

“Institutional arrangements

(1)    

Before exit day a Minister of the Crown must make provision that all powers and

functions relating to the environment or environmental protection that were

exercisable by EU entities or other public authorities anywhere in the United

Kingdom before exit day which do not cease to have effect as a result of the

withdrawal agreement (“relevant powers and functions“) will—

(a)    

continue to be carried out by an EU entity or public authority;

(b)    

be carried out by an appropriate existing or newly established entity or

public authority in the United Kingdom; or

(c)    

be carried out by an appropriate international entity or public authority.

(2)    

For the purposes of this section, relevant powers and functions relating to the UK

exercisable by an EU entity or public authority include, but are not limited to—

(a)    

monitoring and measuring compliance with legal requirements,

(b)    

reviewing and reporting on compliance with legal requirements,

(c)    

enforcement of legal requirements,

(d)    

setting standards or targets,

(e)    

co-ordinating action,

(f)    

publicising information including regarding compliance with

environmental standards.

(3)    

Within 12 months of exit day, the Government shall consult on and bring forward

proposals for the creation by primary legislation of—

(a)    

a new independent body or bodies with powers and functions at least

equivalent to those of EU entities and public authorities in Member States

in relation to environment; and

(b)    

a new domestic framework for environmental protection and

improvement.

Notices of Amendments: 14 September 2017                

21

European Union (Withdrawal) Bill, continued

(4)    

Responsibility for any functions or obligations arising from retained EU law for

which no specific provision has been made immediately after commencement of

this Act will belong to the relevant Minister until such a time as specific provision

for those functions or obligations has been made.”

Member’s explanatory statement

This new clause requires the Government to establish new domestic governance proposals

following the UK’s exit from the EU and to ensure statutory and institutional basis for future

environmental protection.

Mr Chris Leslie

Paul Farrelly

Mr David Lammy

Joanna Cherry

Ian Murray

Mike Gapes

Catherine McKinnell

Stephen Doughty

Caroline Lucas

65

Clause  7,  page  5,  line  4,  leave out “appropriate” and insert “necessary”

Member’s explanatory statement

This Amendment would reduce the wide discretion for using delegated legislation and limit it to

those aspects which are unavoidable.

Mr Dominic Grieve

John Penrose

Paul Farrelly

Joanna Cherry

Mike Gapes

Mr Edward Vaizey

Stephen Doughty

15

Clause  7,  page  5,  line  5,  leave out from “effectively” to end of line 6 on page 6.

Yvette Cooper

Hilary Benn

Ms Harriet Harman

Nicky Morgan

Robert Neill

Mary Creagh

Rachel Reeves

Norman Lamb

Mr David Lammy

Ian Murray

Mike Gapes

Catherine McKinnell

Stephen Doughty

49

Clause  7,  page  5,  line  7,  at end insert—

“(1A)    

Regulations under subsection (1) may be made so far as necessary to adapt the

body of EU law to fit the UK’s domestic legal framework.”

Member’s explanatory statement

This amendment would place a general provision on the face of the Bill to the effect that the

delegated powers granted by the Bill should be used only so far as necessary.