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Session 2017-19
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Other Bills before Parliament


 
 

Notices of Amendments: 14 September 2017                

64

 

European Union (Withdrawal) Bill, continued

 
 

REMAINING NEW CLAUSES, REMAINING NEW SCHEDULES, CLAUSE 15, SCHEDULES 8

 

AND 9, CLAUSES 18 AND 19, REMAINING PROCEEDINGS ON THE BILL

 

Mr Chris Leslie

 

Chuka Umunna

 

Neil Coyle

 

Peter Kyle

 

Mr Ben Bradshaw

 

Stephen Doughty

Paul Farrelly

Mr David Lammy

Ian Murray

Kate Green

Catherine McKinnell

 

NC8

 

To move the following Clause—

 

         

“Committee of the Regions

 

Her Majesty’s Government shall—

 

(a)    

maintain a full consultative role for local authorities throughout the

 

process of withdrawal from the European Union, in due time and in an

 

appropriate way in the planning and decision-making processes for all

 

matters which concern them, and

 

(b)    

provide for a formal mechanism in domestic law fully to replicate the

 

advisory role conferred on local authorities via membership of the

 

European Union Committee of the Regions.”

 

Member’s explanatory statement

 

This new clause would ensure that the current consultative role that UK local government

 

currently have via the EU Committee of the Regions would be replicated in the UK after exit day.

 


 

Mr Chris Leslie

 

Stephen Timms

 

Mike Gapes

 

Chuka Umunna

 

Neil Coyle

 

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

Kerry McCarthy

 

NC9

 

To move the following Clause—

 

         

“European Economic Area

 

The United Kingdom shall, after exit day, remain a member of the European

 

Economic Area as set out in the European Economic Area Act 1993, and the

 

provisions in Part 2 of Schedule 8 relating to the United Kingdom‘s membership

 

of the EEA shall not take effect until such time as Ministers have published a

 

White Paper assessing the costs and benefits for the UK economy of remaining a

 

member of the European Economic Area after exit day.”


 
 

Notices of Amendments: 14 September 2017                

65

 

European Union (Withdrawal) Bill, continued

 
 

Member’s explanatory statement

 

This new Clause would ensure that the UK can remain a member of the European Economic Area

 

until such time as Ministers publish a specific assessment in the form of a White Paper setting out

 

the costs and benefits for the UK of remaining a member after exit day.

 


 

Mr Chris Leslie

 

Stephen Timms

 

Mike Gapes

 

Chuka Umunna

 

Neil Coyle

 

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Paul Farrelly

Mr David Lammy

Ian Murray

Mike Gapes

Caroline Lucas

Kerry McCarthy

Catherine McKinnell

 

NC10

 

To move the following Clause—

 

         

“Transitional arrangements

 

Her Majesty‘s Government shall, in pursuit of a new relationship between the

 

United Kingdom and European Union after exit day, seek to negotiate and agree

 

transitional arrangements with the European Union of sufficient duration to

 

allow—

 

(a)    

the conclusion and coming into force of new trade agreements replicating

 

as closely as possible all those trade agreements currently applying to the

 

UK by virtue of its membership of the EU before exit day;

 

(b)    

an associate membership of the EU Single Market so that the regulatory

 

settlement existing between the UK and EU before exit day can continue

 

for the duration of transitional arrangements, which shall be not less than

 

two years after exit day.”

 

Member’s explanatory statement

 

This new Clause would require the UK Government to seek transitional arrangements that would

 

allow existing trade agreements which currently apply to the UK to be negotiated and continued

 

for the circumstances applying after the UK has exited the EU, and would seek transitional

 

arrangements including an associate membership of the EU Single Market for not less than two

 

years following exit day.

 



 
 

Notices of Amendments: 14 September 2017                

66

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Stephen Timms

 

Mike Gapes

 

Chuka Umunna

 

Neil Coyle

 

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

 

NC11

 

To move the following Clause—

 

         

“Ongoing regulatory requirements

 

After exit day the Secretary of State shall continue to assess all EU regulations,

 

decisions and tertiary legislation and publish a report to both Houses of

 

Parliament assessing the costs and benefits of each regulation and directive and

 

whether HM Government should consider it expedient to propose a similar

 

reform to UK domestic legislation in order to secure an ongoing regulatory

 

alignment between the UK and the EU going forward.”

 

Member’s explanatory statement

 

After exit day the European Union is likely to continue to produce legislation, regulations and

 

decisions that would have applied to the United Kingdom if we had remained a member of the EU.

 

This new clause would require Ministers to publish an assessment of new and developing EU laws

 

and regulations and whether there would be benefits or costs for the UK in adopting similar legal

 

changes to UK domestic legislation with a view to maintaining regulatory alignment with the EU

 

as far as possible.

 


 

Heidi Alexander

 

Stephen Doughty

 

Chuka Umunna

 

Paul Farrelly

 

Mr David Lammy

 

Ian Murray

Mike Gapes

Kerry McCarthy

Catherine McKinnell

 

NC23

 

To move the following Clause—

 

         

“EFTA membership

 

The Secretary of State shall, no later than six months after this Act has gained

 

Royal Assent, lay a report before Parliament setting out an assessment of whether

 

it would be in the interests of the United Kingdom to join the European Free

 

Trade Association (EFTA) and, if so, whether it should remain a party to the EEA

 

Agreement as a member of EFTA.”

 



 
 

Notices of Amendments: 14 September 2017                

67

 

European Union (Withdrawal) Bill, continued

 
 

Kerry McCarthy

 

Caroline Lucas

 

Ian Murray

 

Mike Gapes

 

Mary Creagh

 

Mr Ben Bradshaw

Darren Jones

Ruth Cadbury

Catherine McKinnell

Stella Creasy

Ms Karen Buck

Ms Angela Eagle

Stephen Doughty

Mrs Madeleine Moon

 

NC28

 

To move the following Clause—

 

         

“General Environmental Principles

 

(1)    

In carrying out their duties and functions arising by virtue of this act, public

 

authorities must have regard to and apply the principles set out in this section.

 

(2)    

Any duty or function conferred on a public authority must be construed and have

 

effect in a way that is compatible with the principles in this section and the aim

 

of achieving a high level of environmental protection and improvement of the

 

quality of the environment.

 

(3)    

The principles in this section are—

 

(a)    

the need to promote sustainable development in the UK and overseas;

 

(b)    

the need to contribute to preserving, protecting and improving the

 

environment;

 

(c)    

the need to contribute to prudent and rational utilisation of natural

 

resources;

 

(d)    

the need to promote measures at international level to deal with regional

 

or worldwide environmental problems, and in particular combating

 

climate change;

 

(e)    

the precautionary principle as it relates to the environment;

 

(f)    

the principle that preventive action should be taken to avert

 

environmental damage;

 

(g)    

the principle that environmental damage should as a priority be rectified

 

at source;

 

(h)    

the polluter pays principle;

 

(i)    

the principle that environmental protection requirements must be

 

integrated into the definition and implementation of policies and

 

activities, in particular with a view to promoting sustainable

 

development.

 

(j)    

the need to guarantee participatory rights including access to

 

information, public participation in decision making and access to justice

 

in relation to environmental matters.

 

    

(together the “environmental principles“).

 

(4)    

In carrying out their duties and functions, public authorities shall take account

 

of—

 

(a)    

available scientific and technical data;

 

(b)    

environmental benefits and costs of action or lack of action; and

 

(c)    

economic and social development.

 

(5)    

Public authorities, shall when making proposals concerning health, safety,

 

environmental protection and consumer protection policy, take as a base a · high

 

level of protection, taking account in particular of any new development based on

 

scientific facts.


 
 

Notices of Amendments: 14 September 2017                

68

 

European Union (Withdrawal) Bill, continued

 
 

(6)    

Subsection (7) applies in any proceedings in which a court or tribunal determines

 

whether a provision of primary or subordinate legislation is compatible with the

 

environmental principles.

 

(7)    

If the court is satisfied that the provision is incompatible with the environmental

 

principles, it may make a declaration of that incompatibility.

 

(8)    

In formulating and implementing agriculture, fisheries, transport, research and

 

technological development and space policies, public authorities shall pay full

 

regard to the welfare requirements of animals as sentient beings, while respecting

 

the administrative provisions and customs relating in particular to religious rites,

 

cultural traditions and regional heritage.”

 

Member’s explanatory statement

 

This new clause ensures that public authorities carrying out their duties arising by virtue of this

 

act, must have regard to environmental principles currently enshrined in EU law.

 

 


 

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

 

102

 

Schedule  8,  page  50,  line  2,  leave out paragraph 3

 

Member’s explanatory statement

 

This amendment removes the additional power provided in paragraph 3.

 

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

 

103

 

Schedule  8,  page  50,  line  41,  leave out paragraph 5

 

Member’s explanatory statement

 

This amendment removes the future powers to make subordinate legislation in paragraph 5.


 
 

Notices of Amendments: 14 September 2017                

69

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Stephen Timms

 

Mike Gapes

 

Chuka Umunna

 

Neil Coyle

 

Stephen Gethins

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Mr Pat McFadden

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

 

64

 

Schedule  8,  page  54,  leave out paragraphs 12 to 17

 

Member’s explanatory statement

 

This amendment would retain the provisions of the European Economic Area Act 1993 as part of

 

domestic legislation beyond exit day.

 

Mr Dominic Grieve

 

Mr Kenneth Clarke

 

Nicky Morgan

 

Anna Soubry

 

Antoinette Sandbach

 

Stephen Hammond

Dr Sarah Wollaston

Jeremy Lefroy

Robert Neill

Chuka Umunna

Caroline Lucas

Paul Farrelly

Ian Murray

Mike Gapes

Catherine McKinnell

Stephen Doughty

 

11

 

Schedule  8,  page  55,  line  17,  leave out “primary legislation and not”

 

Member’s explanatory statement

 

This amendment removes the proposal to allow secondary legislation to be treated as primary for

 

the purposes of the Human Rights Act 1998.

 

Mary Creagh

 

Mike Gapes

 

Neil Coyle

 

Maria Eagle

 

140

 

Parliamentary Star    

Schedule  8,  page  58,  line  16,  leave out “4” and insert “3”

 

Member’s explanatory statement

 

This amendment, together with amendments 139 and 141, would restore the right to obtain

 

damages after exit day in respect of governmental failures before exit day to comply with European

 

Union obligations.

 

Mary Creagh

 

Mike Gapes

 

Neil Coyle

 

Maria Eagle

 

141

 

Parliamentary Star    

Schedule  8,  page  58,  line  24,  leave out “4” and insert “3”

 

Member’s explanatory statement

 

This amendment, together with amendments 139 and 140, would restore the right to obtain


 
 

Notices of Amendments: 14 September 2017                

70

 

European Union (Withdrawal) Bill, continued

 
 

damages after exit day in respect of governmental failures before exit day to comply with European

 

Union obligations.

 


 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Joanna Cherry

 

81

 

Clause  19,  page  14,  line  32,  at end insert—

 

“(a)    

section 1(2);”

 

Member’s explanatory statement

 

This amendment is a consequential amendment resulting from previous amendments to Clause 1

 

requiring the Prime Minister to reach an agreement on EEA and Customs Union membership, gain

 

the consent of the devolved legislatures and report on the effect leaving the EU will have on the

 

block grant before implementing section 1 of this Act.

 

Tom Brake

 

Sir Vince Cable

 

Mr Alistair Carmichael

 

Caroline Lucas

 

Tim Farron

 

Wera Hobhouse

Layla Moran

 

120

 

Clause  19,  page  14,  line  40,  leave out subsection (2) and insert—

 

“(1)    

The remaining provisions of this Act come into force once following a

 

referendum on whether the United Kingdom should approve the United Kingdom

 

and Gibraltar exit package proposed by HM Government at conclusion of the

 

negotiations triggered by Article 50(2) for withdrawal from the European Union

 

or remain a member of the European Union.

 

(2)    

The Secretary of State must, by regulations, appoint the day on which the

 

referendum is to be held.

 

(3)    

The question that is to appear on the ballot papers is—“Do you support the

 

Government’s proposed new agreement between the United Kingdom and

 

Gibraltar and the European Union or Should the United Kingdom remain a

 

member of the European Union?”

 

(4)    

The Secretary of State may make regulations by statutory instrument on the

 

conduct of the referendum.”

 

Member’s explanatory statement

 

This amendment is intended to ensure that before March 2019 (or the end of any extension to the

 

two-year negotiation period) a referendum on the terms of the deal has to be held and provides the

 

text of the referendum question.


 
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Revised 14 September 2017