1

House of Commons

Notices of Amendments

given up to and including

Monday 23 October 2017

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 307 to 331 and NC59 to NC62

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withdrawn amendments at the end.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

Frank Field

Ruth Smeeth

Mr Ronnie Campbell

Gareth Snell

Kelvin Hopkins

Graham Stringer

John Grogan

NC49

To move the following Clause—

“Date of exit from the European Union

The United Kingdom ceases to belong to the European Union on 30 March

2019.”

Notices of Amendments: 23 October 2017                  

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European Union (Withdrawal) Bill, continued

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

Stella Creasy

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Ann Coffey

Catherine West

Jamie Stone

Chris Bryant

53

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

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

Stella Creasy

Ann Coffey

Seema Malhotra

Catherine West

Jamie Stone

Chris Bryant

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

Jamie Stone

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.”

Notices of Amendments: 23 October 2017                  

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European Union (Withdrawal) Bill, continued

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Catherine West

Mr David Lammy

305

Clause  1,  page  1,  line  3,  at end insert “subject to a Minister having set out a strategy

for seeking to remain a member of (or maintain equivalent participatory relations with)

European Agencies and programmes including (but not limited to) Euratom, the Internal

Energy Market, the European Medicines Agency, Europol, Eurojust, Erasmus+, and

REACH Horizon 2020 and its successor programme.”

Member’s explanatory statement

This amendment would ensure that the Government produces a strategy which would enable us to

continue to participate in key EU agencies and programmes.

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Caroline Lucas

Joanna Cherry

Jamie Stone

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 would make 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.

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Caroline Lucas

Joanna Cherry

Jamie Stone

Jo Swinson

Peter Grant

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 would make the repeal of the European Communities Act 1972 on exit day

conditional on the Prime Minister gaining consent from the devolved legislatures.

Notices of Amendments: 23 October 2017                  

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European Union (Withdrawal) Bill, continued

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Caroline Lucas

Seema Malhotra

Mr David Lammy

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.

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

Stella Creasy

Stephen Kinnock

Ann Coffey

Chris Bryant

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.

Notices of Amendments: 23 October 2017                  

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European Union (Withdrawal) Bill, continued

Mary Creagh

NC60

To move the following Clause—

“Retention of principles of EU environmental law

(1)    

On and after exit day the environmental principles of European Union law

become principles of United Kingdom law in accordance with this section.

(2)    

The “environmental principles of EU law” are the principles set out in Article 191

of the Treaty on the Functioning of the European Union (the precautionary

principle; the principle that preventive action should be taken; the principle that

environmental damage should as a priority be rectified at source and that the

polluter should pay).

(3)    

A court or tribunal interpreting or applying an enactment must, so far as it is

possible to do so, construe or apply the enactment in a manner that is compatible

with the environmental principles of EU law.

(4)    

A public authority must, in the exercise of its functions, have regard to the

environmental principles of EU law.”

Member’s explanatory statement

This new clause would ensure that after withdrawal from the EU, the environmental principles of

EU law would be retained as part of UK law.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Mr David Lammy

279

Clause  6,  page  3,  line  32,  after “exit day” insert “as appointed in accordance with

subsection (6A)”

Member’s explanatory statement

This paving amendment is intended to allow for transitional arrangements within the existing

structure of rules and regulations.

Mrs Cheryl Gillan

303

Clause  6,  page  3,  line  32,  after “Court” insert—

“except in relation to anything that happened before that day”.

Member’s explanatory statement

This amendment would bind UK courts to European Court principles laid down or decisions made

after exit day if they related to an act before exit day.

Ian Blackford

Peter Grant

Joanna Cherry

Patrick Grady

202

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

Notices of Amendments: 23 October 2017                  

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European Union (Withdrawal) Bill, continued

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Mr David Lammy

280

Clause  6,  page  3,  line  33,  after “exit day” insert “as appointed in accordance with

subsection (6A)”

Member’s explanatory statement

This paving amendment is intended to allow for transitional arrangements within the existing

structure of rules and regulations.

Mrs Cheryl Gillan

304

Clause  6,  page  3,  line  33,  at end insert—

“except in relation to anything that happened before that day.”

Member’s explanatory statement

This amendment would enable UK courts to refer matters to the European Court on or after exit

day if those matters related to an act before exit day.

Joanna Cherry

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

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.”

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Mr David Lammy

281

Clause  6,  page  3,  line  34,  after “exit day” insert “as appointed in accordance with

subsection (6A)”

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Mr David Lammy

306

Clause  6,  page  3,  line  35,  leave out from “but” to end of line 36 and insert ‘a court

Notices of Amendments: 23 October 2017                  

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European Union (Withdrawal) Bill, continued

or tribunal has a duty to take account of anything done by the European Court in relation

to—

(a)    

employment entitlement, rights and protections;

(b)    

equality entitlements, rights and protections;

(c)    

health and safety entitlement, rights and protections.”

Member’s explanatory statement

This amendment would help to ensure that Britain continues to have harmonious social standards

with the EU.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Mr David Lammy

278

Clause  6,  page  4,  line  19,  at end insert—

“(6A)    

The exit day appointed (in accordance with Clause 14 and paragraph 13 of

Schedule 7) for the purposes of subsections (1) and (2) must not be before the end

of any transitional period agreed under Article 50 of the Treaty on the

Functioning of the European Union.”

Member’s explanatory statement

This paving amendment is intended to allow for transitional arrangements within the existing

structure of rules and regulations.

Ian Blackford

Peter Grant

Joanna Cherry

Patrick Grady

203

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

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Mr David Lammy

282

Clause  6,  page  4,  line  26,  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.