House of Commons Public Bill Committee Amendments: European Union (Withdrawal) Bill pages 50-56

Session 2017-19
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Notices of Amendments: 14 September 2017

European Union (Withdrawal) Bill, continued

(b)	a statement giving details of—

(i)	any representations made under sub-paragraph (2)(a); and

(ii)	the revisions proposed.

(6)	The Minister may after laying a revised draft Order and statement under sub-

paragraph (5) make an Order in the terms of the revised draft if it is approved

by a resolution of each House of Parliament.

(7)	For the purposes of sub-paragraphs (4) an Order is made in the terms of a draft

Order if it contains no material changes to the provisions of the draft Order.

(8)	In this paragraph the “40-day period” has the meaning given by paragraph

4(5)(a).

Procedure in urgent cases

1E (1)

If an Order is made without being approved in draft, the person making it must

lay it before Parliament, accompanied by the required information, after it is

made.

(2)	If, at the end of the period of one month beginning with the day on which the

original Order was made, a resolution has not been passed by each House

approving the original or replacement Order, the Order ceases to have effect.

(3)	For the purposes of sub-paragraph (1), “required information” means—

(a)	a statement of the reasons for proceeding under paragraph 1E; and

(b)	an explanatory document, as set out in paragraph 1A (2).”

Member’s explanatory statement

To set up a triage and scrutiny system under the control of Parliament for determining how

Statutory Instruments under Clause 7 of the Bill will be dealt with.

Mr Chris Leslie

Schedule 7, page 39, line 30, leave out sub-paragraph (3).

Member’s explanatory statement

This amendment would facilitate the use of affirmative and super-affirmative procedures, other

than for the transfer of functions of EU public bodies.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Caroline Lucas	Paul Farrelly
Mr David Lammy	Ms Harriet Harman	Ian Murray
Kerry McCarthy	Catherine McKinnell

Schedule 7, page 39, line 33, at end insert “, unless a scrutiny committee

determines that the instrument is of such significant policy interest that it ought to be

subject to approval of each House with a procedure that allows for amendment.”

Member’s explanatory statement

This amendment together with amendments 33 and 34 would establish that it is for Parliament to

decide which level of scrutiny a Statutory Instrument shall receive under Clause 7 of this Act, and

that matters of policy interest will be subject to the approval of both Houses and to amendment.

Notices of Amendments: 14 September 2017

European Union (Withdrawal) Bill, continued

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Tim Farron

Wera Hobhouse

Layla Moran

Jo Swinson

130

Schedule 7, page 40, line 23, leave out sub-paragraphs (2) to (4) and insert—

“(2)	The procedure provided for in paragraphs 1 to 3 of this Part in respect of the

Houses of Parliament applies in relation to regulations to which this paragraph

applies as well as any other procedure provided for by this paragraph which is

applicable to the regulations concerned.”

Member’s explanatory statement

This amendment applies the procedures set out in Amendment 129 in respect of the UK Parliament

for regulations made jointly by a Minister of the Crown acting jointly with a devolved authority.

Mr Dominic Grieve

John Penrose

Mr Kenneth Clarke

Nicky Morgan

Anna Soubry

Stephen Hammond
Antoinette Sandbach	Robert Neill	Jeremy Lefroy
Vicky Ford	Dr Sarah Wollaston	Tom Tugendhat
Chuka Umunna	Paul Masterton	Ian Murray
Caroline Lucas	Catherine McKinnell	Stephen Doughty

Schedule 7, page 40, line 32, leave out from “is” to end of line 34 and insert

“subject to the rules set out in paragraphs 1 to 1E above.”

Member’s explanatory statement

Consequential amendment to Amendment 3.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Caroline Lucas	Paul Farrelly
Ms Harriet Harman	Ian Murray	Catherine McKinnell

Schedule 7, page 43, line 3, after “if” insert “a scrutiny committee determines that”

Member’s explanatory statement

This amendment together with amendments 37 and 38 would establish that it is for Parliament to

decide which level of scrutiny a Statutory Instrument shall receive under Clause 8 of this Bill, and

that matters of policy interest will be subject to the approval of both Houses and to amendment.

Notices of Amendments: 14 September 2017

European Union (Withdrawal) Bill, continued

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Caroline Lucas	Paul Farrelly
Mr David Lammy	Ms Harriet Harman	Ian Murray
Catherine McKinnell

Schedule 7, page 43, line 15, at end insert—

“(g)	is otherwise of sufficient policy interest to merit the application of sub-

paragraph (1)”

Member’s explanatory statement

This amendment together with amendments 36 and 38 would establish that it is for Parliament to

decide which level of scrutiny a Statutory Instrument shall receive under Clause 8 of this Bill, and

that matters of policy interest will be subject to the approval of both Houses and to amendment.

Chris Bryant

Mr David Lammy

Ian Murray

Stephen Doughty

Schedule 7, page 43, line 19, at end insert “or if the Government has not provided

time on the floor of the House for a debate and vote on a prayer against the statutory

instrument signed by the Leader of the Opposition or 80 Members of the House of

Commons.”

Member’s explanatory statement

This would mean that if the Leader of the Opposition or 80 members of the House of Commons

were to sign a prayer against an SI that was subject under Schedule 7 to the negative procedure,

the Government would have to provide time for a debate and a vote on the floor of the House or

lose the SI. At present there is no such provision in the House of Commons.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Caroline Lucas	Paul Farrelly
Mr David Lammy	Ian Murray	Catherine McKinnell

Schedule 7, page 43, line 19, at end insert “, unless a scrutiny committee

determines that the instrument is of such significant policy interest that it ought to be

subject to approval of each House with a procedure that allows for amendment.”

Member’s explanatory statement

This amendment together with amendments 36 and 37 would establish that it is for Parliament to

decide which level of scrutiny a Statutory Instrument shall receive under Clause 8 of this Bill, and

that matters of policy interest will be subject to the approval of both Houses and to amendment.

Notices of Amendments: 14 September 2017

European Union (Withdrawal) Bill, continued

Yvette Cooper

Ms Harriet Harman

Norman Lamb

Nicky Morgan

Robert Neill

Mary Creagh
Rachel Reeves	Caroline Lucas	Paul Farrelly
Mr David Lammy	Joanna Cherry	Ian Murray
Catherine McKinnell	Stephen Doughty

Schedule 7, page 43, line 26, leave out paragraph 6

Member’s explanatory statement

This amendment is linked to New Clause 3 to require the Government to implement the withdrawal

agreement through separate primary and secondary legislation rather than through this Bill.

Chris Bryant

Mr David Lammy

Schedule 7, page 43, line 26, leave out “which contain provisions falling within

sub-paragraph (2).”

Member’s explanatory statement

This amendment is linked to amendment 24 and removes the provision that certain statutory

instruments can be introduced under the negative resolution and requires all SIs under Clause 9

to go through the affirmative route with a vote in both Houses. It means that the Government could

not bypass Parliament by refusing to grant time for a debate on annulling an SI.

Chris Bryant

Mr David Lammy

Schedule 7, page 43, line 30, leave out sub-paragraph (2)

Member’s explanatory statement

This amendment is linked to amendment 23 and removes the provision that certain statutory

instruments can be introduced under the negative resolution and requires all SIs under Clause 9

to go through the affirmative route with a vote in both Houses. It means that the Government could

not bypass Parliament by refusing to grant time for a debate on annulling an SI.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Caroline Lucas	Paul Farrelly
Mr David Lammy	Ms Harriet Harman	Ian Murray

Schedule 7, page 43, line 30, after “if” insert “a scrutiny committee determines

that”

Member’s explanatory statement

This amendment together with amendments 40 and 41 would establish that it is for Parliament to

decide which level of scrutiny a Statutory Instrument shall receive under Clause 9 of this Bill, and

that matters of policy interest will be subject to the approval of both Houses and to amendment.

Notices of Amendments: 14 September 2017

European Union (Withdrawal) Bill, continued

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Caroline Lucas	Paul Farrelly
Mr David Lammy	Ms Harriet Harman	Ian Murray

Schedule 7, page 43, line 43, at end insert—

“(h)	is otherwise of sufficient policy interest to merit the application of sub-

paragraph (1).”

Member’s explanatory statement

This amendment together with amendments 39 and 41 would establish that it is for Parliament to

decide which level of scrutiny a Statutory Instrument shall receive under Clause 9 of this Bill, and

that matters of policy interest will be subject to the approval of both Houses and to amendment.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Caroline Lucas	Paul Farrelly
Mr David Lammy	Ms Harriet Harman	Ian Murray

Schedule 7, page 43, line 47, at end insert “, unless a scrutiny committee

determines that the instrument if of such significant policy interest that it ought to be

subject to approval of each House with a procedure that allows for amendment.”

Member’s explanatory statement

This amendment together with amendments 39 and 40 would establish that it is for Parliament to

decide which level of scrutiny a Statutory Instrument shall receive under Clause 9 of this Bill, and

that matters of policy interest will be subject to the approval of both Houses and to amendment.

Mr Chris Leslie

Chuka Umunna

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty
Caroline Lucas	Paul Farrelly	Mr David Lammy
Ian Murray	Catherine McKinnell

Schedule 7, page 45, line 23, leave out “urgency” and insert “emergency”

Member’s explanatory statement

This amendment would remove the wider latitude currently allowing Ministers to make regulations

without Parliamentary approval “by reason of urgency” and instead only allow such executive

action “by reason of emergency”. An emergency is a situation that poses an immediate risk to

human health, life, property, or environment.

Notices of Amendments: 14 September 2017

European Union (Withdrawal) Bill, continued

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield
Valerie Vaz	Paul Farrelly	Mr David Lammy
Ms Harriet Harman	Ian Murray	Stephen Doughty

Clause 17, page 13, line 34, leave out subsections (1) to (3)

Member’s explanatory statement

This amendment would remove a widely drawn delegated power, which covers anything that

happens as a consequence of the Act.

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

Clause 17, page 14, line 13, at end insert—

“(8)	Regulations under this section may not limit the scope or weaken standards of

environmental protection.”

Member’s explanatory statement

This Amendment ensures that the power to make regulations in Clause 17 may not be exercised to

reduce environmental protection.

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

100

Clause 17, page 14, line 13, at end insert—

“(8)	No regulations may be made under this section after the end of the period of two

years beginning with exit day.”

Member’s explanatory statement

This Amendment imposes the same restriction on the regulation making powers under Clause 17

as applies to other regulation powers in the Bill.

Notices of Amendments: 14 September 2017

European Union (Withdrawal) Bill, continued

Caroline Lucas

118

Page 13, line 33, leave out Clause 17

Member’s explanatory statement

This amendment would remove the powers granted to Ministers by clause 17, including the power

to amend provisions in this Bill, once enacted, by means of delegated legislation only.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 8, CLAUSE 8

Mr Chris Leslie

Paul Farrelly

Mr David Lammy

Ian Murray

Kerry McCarthy

Catherine McKinnell

Stephen Doughty

NC20

To move the following Clause—

“International treaties and agreements

The Secretary of State shall, within one month of Royal Assent of this Act,

publish an assessment of each of the international treaties, agreements and

obligations that will be affected, require amendment or require renegotiation as a

result of this Act, including an assessment of where the powers in section 8 may

need to be used.”

Member’s explanatory statement

This new clause would require Ministers to publish a full list and assessment of the implications

of this Act on the many international treaties and agreements that the United Kingdom is party to

and which may be impacted as a result of this Bill. The assessment would also have to set out those

areas where Ministers anticipate the powers in clause 8 of this Bill may need to be used.

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	Revised 14 September 2017