Notices of Amendments: 14 September 2017                

8

European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

Ian Murray

Mary Creagh

Mr Ben Bradshaw

Darren Jones

Ruth Cadbury

Catherine McKinnell

Stella Creasy

Ms Karen Buck

Ms Angela Eagle

Stephen Doughty

Mrs Madeleine Moon

95

Clause  4,  page  3,  line  9,  at end insert—

“(4)    

Where, following the United Kingdom’s exit from the EU, no specific provision

has been made in respect of an aspect of EU law applying to the UK or any part

of the United Kingdom immediately prior to the United Kingdom’s exit from the

EU, that aspect of EU law shall continue to be effective and enforceable in the

United Kingdom with equivalent scope, purpose and effect as immediately before

exit day.

(5)    

Where, following the United Kingdom’s exit from the EU, retained EU law is

found to incorrectly or incompletely transpose the requirements of EU legislation

in force on exit day, a Minister of the Crown shall make regulations made subject

to an enhanced scrutiny procedure so as to ensure full transposition of the EU

legislation.”

Member’s explanatory statement

New subsection (4) deals with a situation where the UK has incorrectly implemented a directive.

In cases of incorrect implementation, reliance on the EU directive may still be necessary. New

subsection (5) ensures that where the UK has not correctly or completely implemented EU law,

prior to exit day, there will be a statutory obligation on Ministers to modify UK law to ensure that

the relevant EU legislation is correctly and fully implemented.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 5 OR SCHEDULE 1, CLAUSE

5, SCHEDULE 1

Mr Chris Leslie

Mr Pat McFadden

Chuka Umunna

Paul Farrelly

Mr David Lammy

Ian Murray

Stephen Doughty

Kate Green

Kerry McCarthy

Catherine McKinnell

NC16

To move the following Clause—

“Charter of Fundamental Rights – Government Report

(1)    

Within one month of Royal Assent of this Act, HM Government shall lay a report

before both Houses of Parliament reviewing the implications of removing the

Charter of Fundamental Rights from domestic law after exit day as set out in

section 5(4) of this Act.

Notices of Amendments: 14 September 2017                

9

European Union (Withdrawal) Bill, continued

(2)    

The report under subsection (1) shall set out the policy of Her Majesty’s

Government specifically in relation to the fundamental rights of—

(a)    

dignity, the right to life, to freedom from torture, slavery, the death

penalty, eugenic practices and human cloning,

(b)    

freedoms, the right to liberty, personal integrity, privacy, protection of

personal data, marriage, thought, religion, expression, assembly,

education, work, property and asylum,

(c)    

equality, the right to equality before the law, prohibition of all

discrimination including on basis of disability, age and sexual

orientation, cultural, religious and linguistic diversity, the rights of

children and the elderly,

(d)    

solidarity, the right to fair working conditions, protection against

unjustified dismissal, and access to health care, social and housing

assistance,

(e)    

citizens’ rights, the rights of citizens such as the right to vote in elections

and to move freely, the right to good administration, to access documents

and to petition Parliament, and

(f)    

justice, the right to an effective remedy, a fair trial, to the presumption of

innocence, the principle of legality, non-retrospectivity and double

jeopardy.”

Member’s explanatory statement

This new clause would require Ministers to produce a report reviewing in full the implications of

removing from UK law the Charter of Fundamental Rights – and the rights for UK citizens which

it has help to guarantee.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Valerie Vaz

Mr Chris Leslie

Mike Gapes

Chuka Umunna

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Mr Pat McFadden

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ms Harriet Harman

Ian Murray

Liz Kendall

Kate Green

Kerry McCarthy

Catherine McKinnell

46

Clause  5,  page  3,  line  20,  leave out subsection (4)

Member’s explanatory statement

This amendment would remove the exclusion of the Charter of Fundamental Rights from retained

EU law.

Notices of Amendments: 14 September 2017                

10

European Union (Withdrawal) Bill, continued

Mr Dominic Grieve

Mr Kenneth Clarke

Nicky Morgan

Anna Soubry

Antoinette Sandbach

Stephen Hammond

Dr Sarah Wollaston

Jeremy Lefroy

Robert Neill

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Ian Blackford

Chuka Umunna

Caroline Lucas

Paul Farrelly

Joanna Cherry

Ms Harriet Harman

Patrick Grady

Stephen Gethins

Kirsty Blackman

Peter Grant

Ian Murray

Liz Kendall

Stephen Doughty

Mike Gapes

Kerry McCarthy

Catherine McKinnell

8

Clause  5,  page  3,  line  20,  leave out subsections (4) and (5).

Member’s explanatory statement

To allow the Charter of Fundamental rights to continue to apply domestically in the interpretation

and application of retained EU law.

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

Joanna Cherry

Ms Harriet Harman

Ian Murray

Liz Kendall

Stephen Doughty

Mike Gapes

Kerry McCarthy

Catherine McKinnell

9

Schedule  1,  page  15,  line  2,  leave out Schedule 1

Member’s explanatory statement

To allow challenges to be brought to retained EU law on the grounds that it is in breach of general

principles of EU law and to allow damages to be awarded for any proven breach of such a

principle.

Notices of Amendments: 14 September 2017                

11

European Union (Withdrawal) Bill, continued

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

Joanna Cherry

Ms Harriet Harman

Ian Murray

Liz Kendall

Stephen Doughty

Mike Gapes

Kerry McCarthy

Catherine McKinnell

10

Schedule  1,  page  15,  line  5,  leave out paragraphs 1 to 3

Member’s explanatory statement

To allow challenges to be brought to retained EU law on the grounds that it is in breach of general

principles of 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

101

Schedule  1,  page  15,  line  17,  leave out paragraph 2 and insert—

2    (1)  

Any general principle of EU law will remain part of domestic law on or after

exit day if—

(a)    

it was recognised as a general principle of EU law by the European

Court in a case decided before exit day (whether or not as an essential

part of the decision in the case);

(b)    

it was recognised as a general principle of EU law in the EU Treaties

immediately before exit day;

(c)    

it was recognised as a general principle of EU law by any direct EU

legislation (as defined in section 3(2) of this Act) operative

immediately before exit day; or

(d)    

it was recognised as a general principle of EU law by an EU directive

that was in force immediately before exit day.

      (2)  

Without prejudice to the generality of sub-paragraph (1), the principles set out

in Article 191 of the Treaty on the Functioning of the European Union shall be

considered to be general principles for the purposes of that sub-paragraph.”

Member’s explanatory statement

This amendment clarifies that all the existing principles of EU law will be retained within domestic

law whether they originate in the case law of the European Court, the EU treaties, direct EU

legislation or EU directives. It also makes clear that the key environmental law principles in

Article 191 of the Treaty are retained.

Notices of Amendments: 14 September 2017                

12

European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

Ian Murray

Mary Creagh

Mr Ben Bradshaw

Darren Jones

Ruth Cadbury

Catherine McKinnell

Stella Creasy

Ms Karen Buck

Ms Angela Eagle

Stephen Doughty

Mrs Madeleine Moon

105

Schedule  1,  page  15,  line  21,  leave out paragraph 3

Member’s explanatory statement

This amendment leave out paragraph 3, thus retaining the right of action in domestic law in

relation to general principles of EU law.

Mr Chris Leslie

Neil Coyle

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Kerry McCarthy

Paul Farrelly

Mr David Lammy

Ian Murray

Mike Gapes

Caroline Lucas

Layla Moran

62

Schedule  1,  page  15,  line  28,  leave out paragraph 4

Member’s explanatory statement

This amendment would remove the proposal to end rights in UK domestic law after exit day in

relation to damages in accordance with the rule in Francovich.

Mary Creagh

Mike Gapes

Neil Coyle

Maria Eagle

139

Schedule  1,  page  15,  line  29,  at end insert “except in relation to anything occurring

before that day”.

Member’s explanatory statement

This amendment, together with amendments 140 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.

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Tim Farron

Wera Hobhouse

Layla Moran

Jo Swinson

126

Schedule  1,  page  15,  line  32,  after “Rights” insert “or”

Member’s explanatory statement

This amendment is consequential on amendment 62.

Notices of Amendments: 14 September 2017                

13

European Union (Withdrawal) Bill, continued

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Tim Farron

Wera Hobhouse

Layla Moran

Jo Swinson

127

Schedule  1,  page  15,  line  33,  leave out “or the rule in Francovich”

Member’s explanatory statement

This amendment is consequential on amendment 62.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 11 OR SCHEDULE 3,

CLAUSE 11, SCHEDULE 3

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Valerie Vaz

Mr David Lammy

Ms Harriet Harman

Ian Murray

Mike Gapes

Catherine McKinnell

Stephen Doughty

42

Clause  11,  page  7,  line  16,  leave out subsections (1) to (3) and insert—

“(1)    

In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish

Parliament to legislate incompatibly with EU law), omit “or with EU law”.

(2)    

In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for

National Assembly for Wales to legislate incompatibly with EU law), omit “or

with EU law”.

(3)    

In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly

to legislate incompatibly with EU law, omit “is incompatible with EU law.”

Member’s explanatory statement

This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament,

the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved

matters.

Notices of Amendments: 14 September 2017                

14

European Union (Withdrawal) Bill, continued

Tom Brake

Sir Vince Cable

Mr Alistair Carmichael

Tim Farron

Wera Hobhouse

Layla Moran

Jo Swinson

132

Clause  11,  page  7,  line  19,  leave out from “law)” to end of line 29 and insert “omit

“or with EU law””

Member’s explanatory statement

This amendment is intended to remove the proposed bar on the Scottish Parliament legislating

inconsistently with EU law after exit day.

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Caroline Lucas

90

Clause  11,  page  7,  leave out lines 22 to 29 and insert—

“(4A)    

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

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

Schedule 5 to the Scotland Act 1998.”

Member’s explanatory statement

This amendment would remove the restrictions on the Scottish Parliament 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

133

Clause  11,  page  7,  line  33,  leave out from “law)” to end of line 7 on page 8 and

insert “omit “or with EU law””

Member’s explanatory statement

This amendment is intended to remove the proposed bar on the National Assembly for Wales

legislating inconsistently with EU law.