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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.”

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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.

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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.”

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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.

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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.

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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

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

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

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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.