Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 19 October 2017                  

8

 

European Union (Withdrawal) Bill, continued

 
 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Ian Murray

 

284

 

Clause  6,  page  4,  line  44,  after “exit day” insert “as appointed in accordance with

 

subsection (6A)”

 

Member’s explanatory statement

 

This consequential Amendment is intended to allow for transitional arrangements within the

 

existing structure of rules and regulations.

 


 

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

Stella Creasy

Susan Elan Jones

Seema Malhotra

Catherine West

Chris Bryant

 

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.

 



 
 

Notices of Amendments: 19 October 2017                  

9

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Mr David Lammy

 

Ian Murray

 

Mike Gapes

 

Helen Hayes

 

Mr Ben Bradshaw

Stephen Kinnock

Chris Bryant

 

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

 

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

 

Gareth Snell

 

Kelvin Hopkins

 

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.”

 



 
 

Notices of Amendments: 19 October 2017                  

10

 

European Union (Withdrawal) Bill, continued

 
 

Frank Field

 

Ruth Smeeth

 

Mr Ronnie Campbell

 

Gareth Snell

 

Kelvin Hopkins

 

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.

 

(2)    

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

 

to consider any report under subsection (1).”

 


 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

 

NC58

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Retaining Enhanced Protection (No. 2)

 

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

 

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

 

the following areas—

 

(a)    

employment entitlement, rights and protection;

 

(b)    

equality entitlements, rights and protection;

 

(c)    

health and safety entitlement, rights and protection;

 

(d)    

consumer standards; and

 

(e)    

environmental standards and protection.”

 

Member’s explanatory statement

 

This new clause would ensure that after exit day, EU-derived employment rights, environmental

 

protection, standards of equalities, health and safety standards and consumer standards can only

 

be amended by primary legislation or subordinate legislation made under this Act.

 

 



 
 

Notices of Amendments: 19 October 2017                  

11

 

European Union (Withdrawal) Bill, continued

 
 

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: 19 October 2017                  

12

 

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

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Seema Malhotra

 

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: 19 October 2017                  

13

 

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

Ann Coffey

Seema Malhotra

 

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

Jamie Stone

 

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

  

 
 

Notices of Amendments: 19 October 2017                  

14

 

European Union (Withdrawal) Bill, continued

 
 

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”

 

 
PreviousBack to StartNext
 

Revised 19 October 2017