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

283

Clause  6,  page  4,  line  33,  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.

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Mr David Lammy

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.

Notices of Amendments: 23 October 2017                  

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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

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.

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

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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

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.”

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.

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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).”

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Mr David Lammy

Kerry McCarthy

NC58

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.

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,

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European Union (Withdrawal) Bill, continued

(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.”

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.

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European Union (Withdrawal) Bill, continued

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

Mike Gapes

Layla Moran

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.

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

Mike Gapes

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.

Notices of Amendments: 23 October 2017                  

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European Union (Withdrawal) Bill, continued

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—