Session 2017-19
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Other Bills before Parliament


 
 

Notices of Amendments: 13 October 2017                  

8

 

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.

 


 

Frank Field

 

Ruth Smeeth

 

Mr Ronnie Campbell

 

NC50

 

To move the following Clause—

 

         

“Continuing validity in the United Kingdom of European Union law

 

(1)    

The European Communities Act 1972 shall continue to have effect in the United

 

Kingdom after the date on which the United Kingdom leaves the European Union

 

as if the United Kingdom continued to be bound by the Treaties.

 

(2)    

Accordingly all such rights, powers, liabilities, obligations and restrictions

 

created or arising by or under the Treaties, and all such remedies as provided for

 

by or under the Treaties, as in accordance with the Treaties are without further

 

enactment given legal effect or used in the United Kingdom shall continue to be

 

recognised and available in law, and be enforced, allowed and followed

 

accordingly.

 

(3)    

Subsections (1) and (2) do not apply to any primary legislation passed by

 

Parliament coming into force after the date of exit from the European Union

 

which includes a provision to the effect that that Act, or specified provisions of

 

that Act, have effect notwithstanding the provisions of section (Continuing

 

validity in the United Kingdom of European Union law)(1) and (2) of the

 

European Union (Withdrawal) Act 2017.”

 


 

Frank Field

 

Ruth Smeeth

 

Mr Ronnie Campbell

 

NC51

 

To move the following Clause—

 

         

“Duty of review of European Union law

 

(1)    

The Prime Minister must lay before Parliament within six months of the date of

 

the United Kingdom leaving the European Union, and at least once a year

 

thereafter, a review of all European Union legislation and decisions still

 

applicable to the United Kingdom, with proposals for re-enactment, replacement

 

or repeal by the United Kingdom Parliament of any provisions of European

 

Union law, with or without modification, as United Kingdom legislation.


 
 

Notices of Amendments: 13 October 2017                  

9

 

European Union (Withdrawal) Bill, continued

 
 

(2)    

The House of Commons may appoint or designate one or more select committees

 

to consider any report under subsection (1).”

 

 


 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

200

 

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 would alter 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

 

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: 13 October 2017                  

10

 

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

 

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

 

Member’s explanatory statement

 

This amendment, along with Amendment 64 to Schedule 8 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

Daniel Zeichner

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

 

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.

 

 



 
 

Notices of Amendments: 13 October 2017                  

11

 

European Union (Withdrawal) Bill, continued

 
 

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

Helen Hayes

Angela Smith

Mr David Lammy

 

93

 

Clause  4,  page  2,  line  45,  leave out sub-paragraph (b)

 

Member’s explanatory statement

 

The test set out at Clause 4(1)(a), that such rights are available in domestic law immediately before

 

exit day, is sufficient for those rights to continue to be available following the UK’s exit from the

 

EU.

 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

Stephen Gethins

 

Kirsty Blackman

 

Peter Grant

 

70

 

Clause  4,  page  2,  line  47,  at end insert—

 

“(1A)    

Rights, powers, liabilities, obligations, restrictions, remedies and procedures

 

under subsection (1) shall include directly effective rights contained in the

 

following Articles of, and Protocols to, the Treaty on the Functioning of the

 

European Union—

 

Non-discrimination on ground of

Article 18

 
 

nationality

  
 

Citizenship rights

Article 20 (except article 20(2)(c))

 
 

Rights of movement and residence

Article 21(1)

 
 

deriving from EU citizenship

  
 

Establishes customs union,

Article 28

 
 

prohibition of customs duties,

  
 

common external tariff

  
 

Prohibition on customs duties

Article 30

 
 

Prohibition on quantitative

Article 34

 
 

restrictions on imports

  
 

Prohibition on quantitative

Article 35

 
 

restrictions on exports

  
 

Exception to quantitative restrictions

Article 36

 
 

Prohibition on discrimination

Article 37(1) and (2)

 
 

regarding the conditions under which

  
 

goods are procured

  
 

Free movement of workers

Article 45(1), (2) and (3)

 
 

Freedom of establishment

Article 49

 
 

Freedom to provide services

Article 56

 
 

Services

Article 57

 
 

Free movement of capital

Article 63

 
 

Competition

Article 101(1)

 
 

Abuse of a dominant position

Article 102

 
 

Public undertakings

Article 106(1) and (2)

 
 

State aid

Article 107(1)

 
 

Commission consideration of plans

Article 108(3)

 
 

re: state aid

  
 

Internal taxation

Article 110

 
 

Non-discrimination in indirect taxes

Articles 111 to 113

 
 

Economic co-operation

Articles 120 to 126

 
 

Equal pay

Article 157

 
 

European Investment Bank (EIB)

Article 308 (first and second sub-

 
  

paragraphs)

 
 

Combating fraud on the EU

Article 325(1) and (2)

 
 

Disclosure of information and

Article 346

 
 

national security

  
 

EIB

Protocol 5 - Articles 3, 4, 5, 7(1), 13,

 
  

15, 18(4), 19(1) and (2), 20(2), 23(1)

 
  

and (4), 26, 27 (second and third sub-

 
  

paragraphs)

 
 

Privileges and immunities of the EIB

Protocol 7 - Article 21”

 

 
 

Notices of Amendments: 13 October 2017                  

12

 

European Union (Withdrawal) Bill, continued


 
 

Notices of Amendments: 13 October 2017                  

13

 

European Union (Withdrawal) Bill, continued

 
 

Kate Green

 

Ann Coffey

 

Rushanara Ali

 

Mr Chris Leslie

 

Stella Creasy

 

Mrs Madeleine Moon

Angela Smith

Heidi Alexander

Stephen Doughty

Tulip Siddiq

Helen Hayes

Chuka Umunna

Catherine McKinnell

Mike Gapes

Jo Swinson

Caroline Lucas

Mr Barry Sheerman

Lisa Nandy

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

 

148

 

Clause  4,  page  2,  line  47,  at end insert—

 

“(1A)    

Rights, powers, liabilities, obligations, restrictions, remedies and procedures

 

under subsection (1) shall include directly effective rights and obligations

 

contained in the United Nations Convention on the Rights of the Child.”

 

Member’s explanatory statement

 

This amendment would seek to preserve after exit from the EU any rights or obligations arising

 

from the United Nations Convention on the Rights of the Child which applied in UK domestic law

 

by virtue of its membership of the European Union.

 

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

Helen Hayes

Angela Smith

Mr David Lammy

 

94

 

Clause  4,  page  3,  line  4,  leave out paragraph (b)

 

Member’s explanatory statement

 

Clause 4(2)(b) excludes rights arising under EU directives which are not recognised by the courts.

 

This Amendment would remove Clause 4(2)(b) so that rights arising under EU directives (but not

 

yet adjudicated on by the courts) are protected and continue to be available in UK courts.

 

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

Helen Hayes

Mr David Lammy

 

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


 
 

Notices of Amendments: 13 October 2017                  

14

 

European Union (Withdrawal) Bill, continued

 
 

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) would ensure 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

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Rushanara Ali

Stella Creasy

 

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.

 

(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,


 
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Revised 13 October 2017