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| Darren Jones | Ruth Cadbury | Catherine McKinnell | Stella Creasy | Ms Karen Buck | Ms Angela Eagle | Stephen Doughty | Mrs Madeleine Moon |
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| Clause 4, page 3, line 9, at end insert— |
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| | “(4) | Where, following the United Kingdom’s exit from the EU, no specific provision |
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| | has been made in respect of an aspect of EU law applying to the UK or any part |
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| | of the United Kingdom immediately prior to the United Kingdom’s exit from the |
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| | EU, that aspect of EU law shall continue to be effective and enforceable in the |
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| | United Kingdom with equivalent scope, purpose and effect as immediately before |
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| | (5) | Where, following the United Kingdom’s exit from the EU, retained EU law is |
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| | found to incorrectly or incompletely transpose the requirements of EU legislation |
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| | in force on exit day, a Minister of the Crown shall make regulations made subject |
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| | to an enhanced scrutiny procedure so as to ensure full transposition of the EU |
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| | Member’s explanatory statement
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| | New subsection (4) deals with a situation where the UK has incorrectly implemented a directive. |
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| | In cases of incorrect implementation, reliance on the EU directive may still be necessary. New |
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| | subsection (5) ensures that where the UK has not correctly or completely implemented EU law, |
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| | prior to exit day, there will be a statutory obligation on Ministers to modify UK law to ensure that |
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| | the relevant EU legislation is correctly and fully implemented. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 5 OR SCHEDULE 1, CLAUSE |
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| Ian Murray | Stephen Doughty | Kate Green | Kerry McCarthy | Catherine McKinnell |
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| | To move the following Clause— |
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| | | “Charter of Fundamental Rights – Government Report |
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| | (1) | Within one month of Royal Assent of this Act, HM Government shall lay a report |
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| | before both Houses of Parliament reviewing the implications of removing the |
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| | Charter of Fundamental Rights from domestic law after exit day as set out in |
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| | section 5(4) of this Act. |
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| | (2) | The report under subsection (1) shall set out the policy of Her Majesty’s |
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| | Government specifically in relation to the fundamental rights of— |
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| | (a) | dignity, the right to life, to freedom from torture, slavery, the death |
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| | penalty, eugenic practices and human cloning, |
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| | (b) | freedoms, the right to liberty, personal integrity, privacy, protection of |
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| | personal data, marriage, thought, religion, expression, assembly, |
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| | education, work, property and asylum, |
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| | (c) | equality, the right to equality before the law, prohibition of all |
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| | discrimination including on basis of disability, age and sexual |
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| | orientation, cultural, religious and linguistic diversity, the rights of |
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| | children and the elderly, |
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| | (d) | solidarity, the right to fair working conditions, protection against |
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| | unjustified dismissal, and access to health care, social and housing |
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| | (e) | citizens’ rights, the rights of citizens such as the right to vote in elections |
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| | and to move freely, the right to good administration, to access documents |
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| | and to petition Parliament, and |
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| | (f) | justice, the right to an effective remedy, a fair trial, to the presumption of |
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| | innocence, the principle of legality, non-retrospectivity and double |
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| | Member’s explanatory statement
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| | This new clause would require Ministers to produce a report reviewing in full the implications of |
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| | removing from UK law the Charter of Fundamental Rights – and the rights for UK citizens which |
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| | it has help to guarantee. |
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| 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 |
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| Clause 5, page 3, line 20, leave out subsection (4) |
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| | Member’s explanatory statement
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| | This amendment would remove the exclusion of the Charter of Fundamental Rights from retained |
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| 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 |
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| Clause 5, page 3, line 20, leave out subsections (4) and (5). |
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| | Member’s explanatory statement
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| | To allow the Charter of Fundamental rights to continue to apply domestically in the interpretation |
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| | and application of retained EU law. |
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| 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 |
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| Schedule 1, page 15, line 2, leave out Schedule 1 |
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| | Member’s explanatory statement
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| | To allow challenges to be brought to retained EU law on the grounds that it is in breach of general |
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| | principles of EU law and to allow damages to be awarded for any proven breach of such a |
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| 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 |
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| Schedule 1, page 15, line 5, leave out paragraphs 1 to 3 |
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| | Member’s explanatory statement
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| | To allow challenges to be brought to retained EU law on the grounds that it is in breach of general |
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| Ruth Cadbury | Catherine McKinnell | Stella Creasy | Ms Karen Buck | Ms Angela Eagle | Ian Murray | Stephen Doughty | Mrs Madeleine Moon |
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| Schedule 1, page 15, line 17, leave out paragraph 2 and insert— |
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| | 2 (1) | Any general principle of EU law will remain part of domestic law on or after |
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| | (a) | it was recognised as a general principle of EU law by the European |
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| | Court in a case decided before exit day (whether or not as an essential |
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| | part of the decision in the case); |
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| | (b) | it was recognised as a general principle of EU law in the EU Treaties |
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| | immediately before exit day; |
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| | (c) | it was recognised as a general principle of EU law by any direct EU |
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| | legislation (as defined in section 3(2) of this Act) operative |
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| | immediately before exit day; or |
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| | (d) | it was recognised as a general principle of EU law by an EU directive |
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| | that was in force immediately before exit day. |
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| | (2) | Without prejudice to the generality of sub-paragraph (1), the principles set out |
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| | in Article 191 of the Treaty on the Functioning of the European Union shall be |
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| | considered to be general principles for the purposes of that sub-paragraph.” |
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| | Member’s explanatory statement
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| | This amendment clarifies that all the existing principles of EU law will be retained within domestic |
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| | law whether they originate in the case law of the European Court, the EU treaties, direct EU |
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| | legislation or EU directives. It also makes clear that the key environmental law principles in |
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| | Article 191 of the Treaty are retained. |
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| Darren Jones | Ruth Cadbury | Catherine McKinnell | Stella Creasy | Ms Karen Buck | Ms Angela Eagle | Stephen Doughty | Mrs Madeleine Moon |
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| Schedule 1, page 15, line 21, leave out paragraph 3 |
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| | Member’s explanatory statement
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| | This amendment leave out paragraph 3, thus retaining the right of action in domestic law in |
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| | relation to general principles of EU law. |
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| Tom Brake | Sir Vince Cable | Mr Alistair Carmichael | Kerry McCarthy | Paul Farrelly | Mr David Lammy | Ian Murray | Mike Gapes | Caroline Lucas | Layla Moran |
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| Schedule 1, page 15, line 28, leave out paragraph 4 |
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| | Member’s explanatory statement
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| | This amendment would remove the proposal to end rights in UK domestic law after exit day in |
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| | relation to damages in accordance with the rule in Francovich. |
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| Schedule 1, page 15, line 29, at end insert “except in relation to anything occurring |
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| | Member’s explanatory statement
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| | This amendment, together with amendments 140 and 141, would restore the right to obtain |
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| | damages after exit day in respect of governmental failures before exit day to comply with European |
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| Schedule 1, page 15, line 32, after “Rights” insert “or” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 62. |
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| Schedule 1, page 15, line 33, leave out “or the rule in Francovich” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 62. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 11 OR SCHEDULE 3, |
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| Paul Blomfield | Valerie Vaz | Mr David Lammy | Ms Harriet Harman | Ian Murray | Mike Gapes | Catherine McKinnell | Stephen Doughty |
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| Clause 11, page 7, line 16, leave out subsections (1) to (3) and insert— |
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| | “(1) | In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish |
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| | Parliament to legislate incompatibly with EU law), omit “or with EU law”. |
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| | (2) | In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for |
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| | National Assembly for Wales to legislate incompatibly with EU law), omit “or |
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| | (3) | In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly |
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| | to legislate incompatibly with EU law, omit “is incompatible with EU law.” |
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| | Member’s explanatory statement
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| | This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament, |
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| | the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved |
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| Clause 11, page 7, line 19, leave out from “law)” to end of line 29 and insert “omit |
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| | Member’s explanatory statement
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| | This amendment is intended to remove the proposed bar on the Scottish Parliament legislating |
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| | inconsistently with EU law after exit day. |
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| Clause 11, page 7, leave out lines 22 to 29 and insert— |
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| | “(4A) | An Act of the Scottish Parliament cannot modify, or confer power by subordinate |
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| | legislation to modify, retained EU law which relates to matters specified in |
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| | Schedule 5 to the Scotland Act 1998.” |
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| | Member’s explanatory statement
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| | This amendment would remove the restrictions on the Scottish Parliament modifying retained EU |
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| | law except in relation to matters that are reserved. |
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| Clause 11, page 7, line 33, leave out from “law)” to end of line 7 on page 8 and |
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| insert “omit “or with EU law”” |
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| | Member’s explanatory statement
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| | This amendment is intended to remove the proposed bar on the National Assembly for Wales |
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| | legislating inconsistently with EU law. |
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|