Session 2017-19
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Other Bills before Parliament


 
 

Notices of Amendments: 24 October 2017                  

50

 

European Union (Withdrawal) Bill, continued

 
 

Tim Loughton

 

Nicky Morgan

 

Stuart C. McDonald

 

Tom Brake

 

Sir Vince Cable

 

Jo Swinson

Sir Edward Davey

Stella Creasy

Joanna Cherry

Mr Geoffrey Cox

Ian Murray

Kate Green

Caroline Lucas

Catherine West

Chris Bryant

Kerry McCarthy

Mike Gapes

Catherine McKinnell

Mr David Lammy

Layla Moran

Lady Hermon

Mr George Howarth

 

NC53

 

To move the following Clause—

 

         

“Dealing with deficiencies arising from withdrawal in relation to child refugee

 

family reunion

 

(1)    

In the exercise of powers under section 7 (Dealing with deficiencies arising from

 

withdrawal) the Secretary of State must in particular make regulations amending

 

the Immigration Rules in order to preserve the effect in the United Kingdom of

 

Commission Regulation (EU) No. 604/2013 (establishing the criteria and

 

mechanisms for determining the Member State responsible for examining an

 

application for international protection lodged in one of the Member States by a

 

third-country national or a stateless person).

 

(2)    

In particular, the regulations made under subsection (1) must provide for an

 

unaccompanied minor who has a family member in the United Kingdom who is

 

a refugee or has been granted humanitarian protection to have the same family

 

reunion rights to be reunited in the United Kingdom with that family member as

 

they would have had under Commission Regulation (EU) No. 604/2013.

 

(3)    

The regulations under subsection (1) must require an assessment of the best

 

interests of the minor, taking into account possibilities for family reunification,

 

the minor’s well-being and social development, safety and security

 

considerations, and the view of the minor.

 

(4)    

Regulations under this section must be made within six months of this Act

 

receiving Royal Assent.

 

(5)    

For the purpose of this section “family member” in relation to the unaccompanied

 

minor, means—

 

(a)    

their parents;

 

(b)    

their adult siblings;

 

(c)    

their aunts and uncles;

 

(d)    

their grandparents.”

 

Member’s explanatory statement

 

This new clause is intended to provide for refugee family reunion in the UK in place of the family

 

reunion aspects of the Dublin III Regulation, allowing adult refugees in the UK to sponsor

 

relatives who are unaccompanied children to come to the UK from around the world.

 



 
 

Notices of Amendments: 24 October 2017                  

51

 

European Union (Withdrawal) Bill, continued

 
 

Mr Dominic Grieve

 

Tom Brake

 

Sir Vince Cable

 

Jo Swinson

 

Sir Edward Davey

 

Robert Neill

Seema Malhotra

Mr David Lammy

Layla Moran

Lady Hermon

Antionette Sandbach

Anna Soubry

 

NC55

 

To move the following Clause—

 

         

“Treatment of retained law (No. 2)

 

(1)    

Following the day on which this Act is passed, no modification may be made to

 

retained EU law except by primary legislation, or by subordinate legislation made

 

under this Act.

 

(2)    

The Secretary of State must by regulations establish a schedule listing technical

 

provisions of retained EU law that may be amended by subordinate legislation.

 

(3)    

Subordinate legislation to which subsection (2) applies must be subject to an

 

enhanced scrutiny procedure, to be established by regulations made by the

 

Secretary of State after approval in draft by both Houses of Parliament, which

 

must include consultation with the public and relevant stakeholders.

 

(4)    

Delegated powers may be used only to modify provisions of retained EU law

 

listed in any Schedule made under subsection (2) to the extent that such

 

modification will not limit the scope or weaken standards of equalities,

 

environmental and employment protection, and consumer standards.”

 

Member’s explanatory statement

 

This amendment would qualify the powers conferred to alter law by statutory instrument after exit

 

day.

 


 

Mary Creagh

 

NC62

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Enforcement of retained environmental law

 

(1)    

The Secretary of State must make regulations under section 7 of this Act for the

 

purpose of ensuring that retained EU legislation relating to environmental

 

protection continues to be monitored and enforced effectively after exit day.

 

(2)    

The regulations must, in particular—

 

(a)    

create a statutory corporation (to be called “the Environmental Protection

 

Agency”) with operational independence from Ministers of the Crown to

 

monitor environmental targets set by retained EU law relating to

 

environmental protection;

 

(b)    

require the statutory corporation to report to Parliament every year on

 

progress in meeting those targets and to make recommendations for

 

remedial action where appropriate;


 
 

Notices of Amendments: 24 October 2017                  

52

 

European Union (Withdrawal) Bill, continued

 
 

(c)    

allow the statutory corporation to publish additional reports identifying

 

action or omissions on the part of Ministers of the Crown that is likely to

 

result in targets not being met.”

 

Member’s explanatory statement

 

This new clause would require Ministers of the Crown to make specific provision for the

 

enforcement of EU legislation relating to environmental protection.

 

 


 

Mr Chris Leslie

 

Paul Farrelly

 

Mr David Lammy

 

Joanna Cherry

 

Ian Murray

 

Mike Gapes

Catherine McKinnell

Stephen Doughty

Caroline Lucas

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Mary Creagh

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Ann Coffey

Jamie Stone

Layla Moran

 

65

 

Clause  7,  page  5,  line  4,  leave out “appropriate” and insert “necessary”

 

Member’s explanatory statement

 

This Amendment would reduce the wide discretion for using delegated legislation and limit it to

 

those aspects which are unavoidable.

 

Mr Dominic Grieve

 

John Penrose

 

Paul Farrelly

 

Joanna Cherry

 

Mike Gapes

 

Mr Edward Vaizey

Stephen Doughty

Helen Hayes

Mr George Howarth

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Stephen Kinnock

Ann Coffey

Steve McCabe

Jamie Stone

Susan Elan Jones

Mr David Lammy

Layla Moran

Lady Hermon

Antionette Sandbach

 

15

 

Clause  7,  page  5,  line  5,  leave out from “effectively” to end of line 6 on page 6.


 
 

Notices of Amendments: 24 October 2017                  

53

 

European Union (Withdrawal) Bill, continued

 
 

Yvette Cooper

 

Hilary Benn

 

Ms Harriet Harman

 

Nicky Morgan

 

Robert Neill

 

Mary Creagh

Rachel Reeves

Norman Lamb

Mr David Lammy

Ian Murray

Mike Gapes

Catherine McKinnell

Stephen Doughty

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Stephen Kinnock

Rushanara Ali

Stella Creasy

Mr George Howarth

Ann Coffey

Ian Murray

Steve McCabe

Seema Malhotra

Jamie Stone

Chris Bryant

Susan Elan Jones

 

49

 

Clause  7,  page  5,  line  7,  at end insert—

 

“(1A)    

Regulations under subsection (1) may be made so far as necessary to adapt the

 

body of EU law to fit the UK’s domestic legal framework.”

 

Member’s explanatory statement

 

This amendment would place a general provision on the face of the Bill to the effect that the

 

delegated powers granted by the Bill should be used only so far as necessary.

 

Tom Brake

 

Sir Vince Cable

 

Mr Alistair Carmichael

 

Caroline Lucas

 

Mike Gapes

 

Tim Farron

Wera Hobhouse

Stephen Doughty

Layla Moran

Jo Swinson

Ann Coffey

Ian Murray

Jamie Stone

Mr David Lammy

 

131

 

Clause  7,  page  5,  line  7,  at end insert—

 

“(1A)    

A Minister of the Crown must by regulations make provision to maintain,

 

preserve and protect the rights of any citizen of an EU member state who was

 

lawfully resident in the UK immediately before exit day, and in particular to

 

continue their right to be lawfully resident in the UK.”

 

Member’s explanatory statement

 

This Amendment is intended to preserve after exit day the rights, including residence rights, of EU

 

citizens in the UK.

 

Ian Blackford

 

Patrick Grady

 

Stuart C. McDonald

 

Joanna Cherry

 

264

 

Clause  7,  page  5,  line  7,  at end insert—

 

“(1A)    

The Secretary of State shall make regulations to define “failure to operate

 

efficiently” for the purposes of this section.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to define in regulations one of the criteria

 

for the use of Clause 7 powers to deal with deficiencies arising from withdrawal from the EU.


 
 

Notices of Amendments: 24 October 2017                  

54

 

European Union (Withdrawal) Bill, continued

 
 

Stephen Kinnock

 

313

 

Parliamentary Star - white    

Clause  7,  page  5,  line  7,  at end insert—

 

“( )    

But the power in subsection (1) may not be exercised to make provision for Wales

 

to the extent that that provision would be within the devolved competence of the

 

Welsh Ministers for the purposes of Part 1 of Schedule 2.”

 

Member’s explanatory statement

 

This amendment would prevent a Minister of the Crown from making provision to deal with

 

deficiencies in retained EU law arising from withdrawal to the extent that the provision would be

 

within the devolved competence of the Welsh Ministers.

 

Mr Dominic Grieve

 

John Penrose

 

Mr Kenneth Clarke

 

Nicky Morgan

 

Anna Soubry

 

Stephen Hammond

Antoinette Sandbach

Robert Neill

Jeremy Lefroy

Vicky Ford

Dr Sarah Wollaston

Tom Tugendhat

Chuka Umunna

Caroline Lucas

Paul Farrelly

Paul Masterton

Ian Murray

Liz Kendall

Stephen Doughty

Mike Gapes

Mr Edward Vaizey

Kerry McCarthy

Catherine McKinnell

Heidi Allen

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

Mrs Madeleine Moon

Ruth Cadbury

Stephen Twigg

Mr Barry Sheerman

Steve McCabe

Seema Malhotra

Catherine West

Jamie Stone

Chris Bryant

Tommy Sheppard

John Grogan

Susan Elan Jones

Rushanara Ali

Layla Moran

Lady Hermon

Mr Gavin Shuker

 

1

 

Clause  7,  page  5,  line  8,  leave out “(but are not limited to)” and insert “and are

 

limited to”

 

Member’s explanatory statement

 

To restrict the power of a Minister to make regulations to amend retained EU law to cases where

 

the EU law is deficient in the way set out in the Bill.


 
 

Notices of Amendments: 24 October 2017                  

55

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Chuka Umunna

 

Neil Coyle

 

Peter Kyle

 

Mr Ben Bradshaw

 

Stephen Doughty

Caroline Lucas

Mr David Lammy

Joanna Cherry

Ian Murray

Mike Gapes

Catherine McKinnell

Helen Hayes

Angela Smith

Stella Creasy

Mary Creagh

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Ann Coffey

Jamie Stone

Chris Bryant

 

56

 

Clause  7,  page  5,  line  8,  leave out “(but are not limited to)”

 

Member’s explanatory statement

 

This amendment would remove the ambiguity in Clause 7 which sets out a definition of

 

‘deficiencies in retained EU law’ but allows Ministers significant latitude. By removing the

 

qualifying phrase ‘but are not limited to’, subsection (2) becomes a more precise prescribed set of

 

circumstances where Ministers may and may not make regulations.

 

Mr Chris Leslie

 

Mr George Howarth

 

Mike Gapes

 

Mr David Lammy

 

Angela Smith

 

277

 

Clause  7,  page  5,  line  41,  at end insert—

 

“(3A)    

Regulations under this section may not be made unless a Minister of the Crown

 

has laid before each House of Parliament a report setting out how any functions,

 

regulation-making powers or instruments of a legislative character undertaken by

 

EU entities prior to exit day and instead to be exercisable by a public authority in

 

the United Kingdom shall also be subject to the level of legislative scrutiny by the

 

UK Parliament equivalent to that available to the European Parliament prior to

 

exit day.”

 

Member’s explanatory statement

 

This amendment would ensure that any regulatory or rule-making powers transferred from EU

 

entities to UK public bodies receive the same degree of scrutiny that would have been the case if

 

the UK had remained in the European Union.


 
 

Notices of Amendments: 24 October 2017                  

56

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Chuka Umunna

 

Neil Coyle

 

Peter Kyle

 

Mr Ben Bradshaw

 

Stephen Doughty

Caroline Lucas

Paul Farrelly

Mr David Lammy

Joanna Cherry

Ian Murray

Mike Gapes

Catherine McKinnell

Helen Hayes

Angela Smith

Stephen Kinnock

Stella Creasy

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Ann Coffey

Jamie Stone

Layla Moran

 

57

 

Clause  7,  page  5,  line  42,  leave out subsection (4)

 

Member’s explanatory statement

 

This amendment would remove the scope for regulations to make provisions that could be made

 

by an Act of Parliament.

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Valerie Vaz

Caroline Lucas

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

Stephen Doughty

Helen Hayes

Stephen Kinnock

Mary Creagh

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Ann Coffey

Steve McCabe

Seema Malhotra

Jamie Stone

Chris Bryant

Mike Gapes

 

32

 

Clause  7,  page  5,  line  43,  at end insert “, apart from amending or modifying this

 

Act”

 

Member’s explanatory statement

 

This amendment would remove the proposed capacity of Ministers under Clause 7 to modify and

 

amend the Act itself via delegated powers.

 

Tom Brake

 

Sir Vince Cable

 

Mr Alistair Carmichael

 

Caroline Lucas

 

Tim Farron

 

Wera Hobhouse

Jo Swinson

Mary Creagh

Jamie Stone

Mike Gapes

Layla Moran

 

121

 

Clause  7,  page  5,  line  44,  leave out subsection (5) and insert—

 

“(5)    

No regulations may be made under this section which provide for the

 

establishment of public authorities in the United Kingdom.

 

(6)    

Subsection (5) applies to but is not limited to—

 

(a)    

Agency for the Cooperation of Energy Regulators (ACER),


 
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Revised 24 October 2017