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| | | | | | Commission consideration of plans |
| | | | | | | | | | | | | | | Non-discrimination in indirect taxes |
| | | | | | | | | | | | | | | European Investment Bank (EIB) |
| Article 308 (first and second sub- |
| | | | | | | | | Combating fraud on the EU |
| | | | | Disclosure of information and |
| | | | | | | | | | | 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- |
| | | | | | | | | Privileges and immunities of the EIB |
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| 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 | Stephen Kinnock | Ian Murray | Seema Malhotra | Catherine West | Jamie Stone | Chris Bryant | Mr David Lammy | Layla Moran |
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| Clause 4, page 2, line 47, at end insert— |
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| | “(1A) | Rights, powers, liabilities, obligations, restrictions, remedies and procedures |
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| | under subsection (1) shall include directly effective rights and obligations |
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| | contained in the United Nations Convention on the Rights of the Child.” |
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| | Member’s explanatory statement
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| | This amendment would seek to preserve after exit from the EU any rights or obligations arising |
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| | from the United Nations Convention on the Rights of the Child which applied in UK domestic law |
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| | by virtue of its membership of the European Union. |
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| 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 | Ann Coffey | Seema Malhotra | Jamie Stone | Chris Bryant | Mike Gapes |
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| Clause 4, page 3, line 4, leave out paragraph (b) |
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| | Member’s explanatory statement
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| | Clause 4(2)(b) excludes rights arising under EU directives which are not recognised by the courts. |
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| | This Amendment would remove Clause 4(2)(b) so that rights arising under EU directives (but not |
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| | yet adjudicated on by the courts) are protected and continue to be available in UK courts. |
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| Darren Jones | Ruth Cadbury | Catherine McKinnell | Stella Creasy | Ms Karen Buck | Ms Angela Eagle | Stephen Doughty | Mrs Madeleine Moon | Helen Hayes | Mr David Lammy | Ann Coffey | Jamie Stone | Chris Bryant | Mike Gapes |
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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) would ensure that where the UK has not correctly or completely implemented EU |
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| | law, prior to exit day, there will be a statutory obligation on Ministers to modify UK law to ensure |
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| | that 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 | Helen Hayes | Mr Ben Bradshaw | Angela Smith | Rushanara Ali | Stella Creasy | Stephen Kinnock | Ann Coffey | Catherine West | Chris Bryant | Mike Gapes |
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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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| Clause 5, page 3, line 11, leave out “or rule of law” |
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| | Member’s explanatory statement
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| | This amendment would remove the reference to a rule of law passed or made before exit day. |
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| Paul Blomfield | Catherine West | Mike Gapes | Mr David Lammy |
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| Clause 5, page 3, line 12, after “exit day” insert “as appointed for the purposes of |
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| this section (see subsection (5A)” |
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| | Member’s explanatory statement
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| | This paving Amendment is intended to allow for transitional arrangements within the existing |
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| | structure of rules and regulations. |
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| Clause 5, page 3, line 15, leave out “or rule of law” |
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| | Member’s explanatory statement
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| | This amendment would remove the reference to a rule of law passed or made before exit day. |
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| Clause 5, page 3, line 17, leave out “or rule of law” |
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| | Member’s explanatory statement
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| | This amendment would remove the reference to a rule of law passed or made before exit day. |
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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 | Heidi Allen | Helen Hayes | Mr Ben Bradshaw | Angela Smith | Mr David Lammy | Mr George Howarth | Daniel Zeichner | Stephen Kinnock | Ann Coffey | Seema Malhotra | Catherine West | Jamie Stone | Rushanara Ali | Lady Hermon |
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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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| 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 | Helen Hayes | Angela Smith | Stephen Kinnock | Rushanara Ali | Stella Creasy | Ann Coffey | Steve McCabe | Seema Malhotra | Catherine West | Jamie Stone |
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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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| Sir Edward Davey | Ian Murray | Mike Gapes | Mr David Lammy |
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| Clause 5, page 3, line 26, at end insert— |
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| | “(5A) | Within three months of the commencement of this section, the Secretary of State |
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| | must lay before Parliament regulations to create a fundamental right to the |
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| | protection of personal data. |
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| | (5B) | A statutory instrument containing regulations under subsection (5A) may not be |
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| | made unless a draft has been laid before, and approved by a resolution of, each |
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| | Member’s explanatory statement
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| | Clause 5(4) of the Bill excludes the Charter of Fundamental Rights from the ‘incorporation’ |
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| | powers in the Bill. This amendment would require the Secretary of State to replicate Article 8 of |
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| | the Charter (the Right to Protection of Personal Data) in UK domestic law within three months of |
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| | the commencement of Clause 5. |
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| Paul Blomfield | Ian Murray | Seema Malhotra | Mike Gapes | Mr David Lammy |
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| Clause 5, page 3, line 26, at end insert— |
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| | “(5A) | The exit day appointed (in accordance with Clause 14 and paragraph 13 of |
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| | Schedule 7) for the purposes of this section must not be before the end of any |
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| | transitional period agreed under Article 50 of the Treaty on the Functioning of the |
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| | Member’s explanatory statement
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| | This Amendment is intended to allow for transitional arrangements within the existing structure of |
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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 | Helen Hayes | Mr Ben Bradshaw | Angela Smith | Stephen Kinnock | Rushanara Ali | Mr David Lammy | Stella Creasy | Mr George Howarth | Tom Brake | Sir Vince Cable | Jo Swinson | Sir Edward Davey | Ann Coffey | Susan Elan Jones | Steve McCabe | Seema Malhotra | Catherine West | Jamie Stone | Chris Bryant | Layla Moran | Lady Hermon |
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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 | Helen Hayes | Mr Ben Bradshaw | Angela Smith | Stephen Kinnock | Mr David Lammy | Stella Creasy | Mr George Howarth | Tom Brake | Sir Vince Cable | Jo Swinson | Sir Edward Davey | Ann Coffey | Susan Elan Jones | Seema Malhotra | Jamie Stone | Chris Bryant | Layla Moran | Lady Hermon |
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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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