Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 6 October 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 200 to 217 and NC44

 

Committee of the whole House


 

European Union (Withdrawal) Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the House [11 September 2017].

 


 

  The arrangement shown below is provisional and is subject to change.

 

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 1, CLAUSE 1

 

Mr Chris Leslie

 

Mike Gapes

 

Neil Coyle

 

Peter Kyle

 

Mr Ben Bradshaw

 

Liz Kendall

Stephen Doughty

Chuka Umunna

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

Angela Smith

 

53

 

Clause  1,  page  1,  line  3,  at beginning insert “Subject to ratification by both Houses


 
 

Notices of Amendments: 6 October 2017                  

2

 

European Union (Withdrawal) Bill, continued

 
 

of Parliament of a new Treaty between the European Union and the United Kingdom,”

 

Member’s explanatory statement

 

This amendment would ensure that the United Kingdom does not repeal the European

 

Communities Act 1972 and exit the European Union unless and until a new Treaty establishing a

 

future relationship between the UK and EU has been agreed and ratified by Parliament.

 

Mr Chris Leslie

 

Stephen Timms

 

Mike Gapes

 

Mr Chuka Umunna

 

Neil Coyle

 

Stephen Gethins

Peter Kyle

Mr Ben Bradshaw

Stephen Doughty

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

Helen Hayes

Angela Smith

Rushanara Ali

 

63

 

Clause  1,  page  1,  line  3,  after “1972”, insert “, except for section 5 of and Schedule

 

2 to that Act,”

 

Member’s explanatory statement

 

This amendment would ensure that the existing legal framework for customs duties and the

 

Customs Union common external tariff framework would continue to be in effect after exit day.

 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

Stephen Gethins

 

Kirsty Blackman

 

Peter Grant

 

69

 

Clause  1,  page  1,  line  3,  at end insert “, if the requirement in subsection (2) is met.

 

(2)    

The European Communities Act 1972 shall only be repealed under subsection (1)

 

if an agreement has been reached with the European Council that failure by the

 

Parliament of the United Kingdom to approve the terms of exit for the UK will

 

result in the maintenance of UK membership on existing terms.”

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

Joanna Cherry

 

78

 

Clause  1,  page  1,  line  3,  at end insert—

 

“(2)    

Regulations under section 19(2) bringing into force subsection (1) may not be

 

made until the Prime Minister is satisfied that an agreement has been reached for

 

the United Kingdom to remain a member of the EEA and of the Customs Union.”

 

Member’s explanatory statement

 

This amendment makes the repeal of the European Communities Act 1972 on exit day conditional

 

on the Prime Minister reaching an agreement for the United Kingdom to remain a member of the

 

EEA and Customs Union.


 
 

Notices of Amendments: 6 October 2017                  

3

 

European Union (Withdrawal) Bill, continued

 
 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

Joanna Cherry

 

79

 

Clause  1,  page  1,  line  3,  at end insert—

 

“(2)    

Regulations under section 19(2) bringing into force subsection (1) may not be

 

made until the Prime Minister is satisfied that resolutions have been passed by the

 

Scottish Parliament, the National Assembly for Wales and the Northern Ireland

 

Assembly signifying consent to the commencement of subsection (1).”

 

Member’s explanatory statement

 

This amendment makes the repeal of the European Communities Act 1972 on exit day conditional

 

on the Prime Minister gaining consent from the devolved legislatures.

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

80

 

Clause  1,  page  1,  line  3,  at end insert—

 

“(2)    

Regulations under section 19(2) bringing into force subsection (1) may not be

 

made until the Secretary of State lays a report before—

 

(a)    

Parliament, and

 

(b)    

the National Assembly for Wales

 

    

outlining the effect of the United Kingdom’s withdrawal from the EU on the

 

National Assembly for Wales’s block grant.”

 

Member’s explanatory statement

 

This amendment would require the UK Government to lay a report before the National Assembly

 

for Wales outlining the effect of the UK’s withdrawal from the EU on Welsh finances, before

 

exercising the power under section 1. This would allow for scrutiny of the Leave Campaign’s

 

promise to maintain current levels of EU funding for Wales.

 



 
 

Notices of Amendments: 6 October 2017                  

4

 

European Union (Withdrawal) Bill, continued

 
 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 6, CLAUSE 6

 

Mr Chris Leslie

 

Paul Farrelly

 

Mr David Lammy

 

Ian Murray

 

Mike Gapes

 

Caroline Lucas

Catherine McKinnell

Stephen Doughty

Helen Hayes

Mr Ben Bradshaw

Angela Smith

 

NC14

 

To move the following Clause—

 

         

“Interpretation of retained EU law during transitional period

 

Within one month of Royal Assent of this Act the Secretary of State shall lay a

 

report before Parliament setting out how the interpretation of retained EU law

 

provisions in section 6 shall operate in the event of a transitional period being

 

agreed between the United Kingdom and the European Union ahead of the

 

implementation of a withdrawal agreement.”

 

Member’s explanatory statement

 

This new clause would ensure that Ministers must set out in detail how the provisions in clause 6

 

would apply during a transitional period before the United Kingdom fully implements a

 

withdrawal agreement.

 

 


 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

202

 

Parliamentary Star    

Clause  6,  page  3,  line  33,  after “matter” insert “(other than a pending matter)”

 

Joanna Cherry

 

137

 

Clause  6,  page  3,  line  34,  leave out subsection (2) and insert—

 

“(2)    

When interpreting retained EU law after exit day a court or tribunal shall pay due

 

regard to any relevant decision of the European Court.”

 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

203

 

Parliamentary Star    

Clause  6,  page  4,  line  20,  leave out subsection (7)

 



 
 

Notices of Amendments: 6 October 2017                  

5

 

European Union (Withdrawal) Bill, continued

 
 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 2, CLAUSE 2, NEW CLAUSES

 

AND NEW SCHEDULES RELATING TO CLAUSE 3, CLAUSE 3, NEW CLAUSES AND NEW

 

SCHEDULES RELATING TO CLAUSE 4, CLAUSE 4

 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 2, CLAUSE 2

 

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

Stephen Doughty

Helen Hayes

Stephen Kinnock

 

NC2

 

To move the following Clause—

 

         

“Retaining Enhanced Protection

 

Regulations provided for by Acts of Parliament other than this Act may not be

 

used by Ministers of the Crown to amend or modify retained EU law in the

 

following areas—

 

(a)    

employment entitlement, rights and protections;

 

(b)    

equality entitlements, rights and protections;

 

(c)    

health and safety entitlement, rights and protections;

 

(d)    

fundamental rights as defined in the EU Charter of Fundamental Rights.”

 

Member’s explanatory statement

 

This new clause would prevent delegated powers from other Acts being used to alter workplace

 

protections, equality provisions, health and safety regulations or fundamental rights.

 


 

Mr Chris Leslie

 

Mr David Lammy

 

Ian Murray

 

Mike Gapes

 

Helen Hayes

 

Mr Ben Bradshaw

Stephen Kinnock

 

NC15

 

To move the following Clause—

 

         

“Provisions relating to the EU or the EEA in respect of EU-derived domestic

 

legislation

 

HM Government shall make arrangements to report to both Houses of Parliament

 

whenever circumstances arising in section 2(2)(d) would otherwise have


 
 

Notices of Amendments: 6 October 2017                  

6

 

European Union (Withdrawal) Bill, continued

 
 

amended provisions or definitions in UK law had the UK remained a member of

 

the EU or EEA beyond exit day.”

 

Member’s explanatory statement

 

This new clause would ensure that Parliament is informed of changes in EU and EEA provisions

 

that might have amended UK law if the UK had remained a member of those institutions beyond

 

exit day.

 

 


 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

200

 

Parliamentary Star    

Clause  2,  page  1,  line  12,  after “passed” insert “and commenced,”

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

87

 

Clause  2,  page  1,  line  19,  at end insert “or any enactment to which subsection (2A)

 

applies.

 

“(2A)    

This subsection applies to any enactment of the United Kingdom Parliament

 

which—

 

(a)    

applies to Wales and does not relate to matters specified in Schedule 7A

 

to the Government of Wales Act 2006,

 

(b)    

applies to Scotland and does not relate to matters specified in Schedule 5

 

to the Scotland Act 1998,

 

(c)    

applies to Northern Ireland and does not relate to matters specified in

 

Schedules 2 or 3 to the Northern Ireland Act 1998.”

 

Member’s explanatory statement

 

This amendment alters the definition of EU retained law so as only to include reserved areas of

 

legislation. This will allow the National Assembly for Wales and the other devolved

 

administrations to legislate on areas of EU derived law which fall under devolved competency for

 

themselves.

 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

201

 

Parliamentary Star    

Clause  2,  page  1,  line  19,  at end insert—

 

“(2A)    

For the purposes of this Act, any EU-derived domestic legislation has effect in

 

domestic law immediately before exit day if—

 

(a)    

in the case of anything which shall apply or be operative from a particular

 

date, applies or is operative before exit day, or

 

(b)    

in any other case, it has been commenced and is in force immediately

 

before exit day.”

 



 
 

Notices of Amendments: 6 October 2017                  

7

 

European Union (Withdrawal) Bill, continued

 
 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 3, CLAUSE 3

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

217

 

Parliamentary Star    

Clause  3,  page  2,  leave out lines 13 to 22

 

Member’s explanatory statement

 

This amendment, along with the amendments to its related schedules would exclude the European

 

Economic Area agreement from the Bill, allowing the UK to remain in the EEA.

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 4, CLAUSE 4

 

Caroline Lucas

 

Kerry McCarthy

 

Tom Brake

 

Liz Saville Roberts

 

Jim Fitzpatrick

 

Helen Hayes

Angela Smith

Patrick Grady

Peter Grant

Stephen Gethins

 

NC30

 

To move the following Clause—

 

         

“EU Protocol on animal sentience

 

Obligations and rights contained within the EU Protocol on animal sentience set

 

out in Article 13 of Title II of the Lisbon Treaty shall be recognised and available

 

in domestic law on and after exit day, and shall be enforced and followed

 

accordingly.”

 

Member’s explanatory statement

 

This new clause seeks to transfer the EU Protocol on animal sentience set out in Article 13 of Title

 

II of the Lisbon Treaty into UK law, so that animals continue to be recognised as sentient beings

 

under domestic law.

 

 



 
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Revised 06 October 2017