Session 2017-19
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Other Bills before Parliament


 
 

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.


 
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Revised 14 September 2017