Session 2017-19
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Other Bills before Parliament


 
 

Notices of Amendments: 10 November 2017                  

8

 

European Union (Withdrawal) Bill, continued

 
 

(b)    

any action taken or material produced in relation to that law before exit

 

day by an EU entity or the EU, to the same extent as it would have had

 

regard to such material or action immediately before exit day.”

 

Member’s explanatory statement

 

The amendment would make clear that non-binding aids to the interpretation of EU law, such as

 

background materials and official guidance produced before exit day, should continue to be taken

 

into account by the courts when interpreting retained EU law to the same extent as at present.

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Ian Murray

Mr David Lammy

Wera Hobhouse

Martin Whitfield

Vernon Coaker

Paul Farrelly

 

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

 

Martin Whitfield

 

Martyn Day

 

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

Vernon Coaker

Paul Farrelly

 

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.


 
 

Notices of Amendments: 10 November 2017                  

9

 

European Union (Withdrawal) Bill, continued

 
 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Ian Murray

Mr David Lammy

Martin Whitfield

Vernon Coaker

Paul Farrelly

 

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

Martin Whitfield

Vernon Coaker

Paul Farrelly

 

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: 10 November 2017                  

10

 

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

Angela Smith

Tulip Siddiq

Hugh Gaffney

Martin Whitfield

Geraint Davies

Mr George Howarth

Vernon Coaker

 

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: 10 November 2017                  

11

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Mr David Lammy

 

Ian Murray

 

Mike Gapes

 

Helen Hayes

 

Mr Ben Bradshaw

Stephen Kinnock

Chris Bryant

Angela Smith

Dr Philippa Whitford

Tulip Siddiq

Martin Whitfield

Martyn Day

Paul Farrelly

Neil Coyle

 

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

 

Gordon Henderson

Kate Hoey

 

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


 
 

Notices of Amendments: 10 November 2017                  

12

 

European Union (Withdrawal) Bill, continued

 
 

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

 

Gordon Henderson

Kate Hoey

 

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

Mr David Lammy

Kerry McCarthy

Caroline Lucas

Tulip Siddiq

Vernon Coaker

Paul Farrelly

 

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


 
 

Notices of Amendments: 10 November 2017                  

13

 

European Union (Withdrawal) Bill, continued

 
 

(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

 

Martyn Day

 

200

 

Clause  2,  page  1,  line  12,  after “passed” insert “and commenced,”

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Wera Hobhouse

 

Martyn Day

 

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

 

Martyn Day

 

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


 
 

Notices of Amendments: 10 November 2017                  

14

 

European Union (Withdrawal) Bill, continued

 
 

(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

 

Martyn Day

 

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.

 

Robert Neill

 

356

 

Clause  3,  page  2,  line  22,  at end insert—

 

“(2A)    

A Minister of the Crown may by regulations provide for prospective EU

 

legislation to form part of domestic law as it has effect in EU law, from the time

 

at which it begins to apply or from some later time.

 

(2B)    

In subsection (2A) “prospective EU legislation” means—

 

(a)    

an EU regulation which is adopted, notified or in force immediately

 

before exit day, or

 

(b)    

EU tertiary legislation made under retained EU law,

 

    

so far as it is not operative immediately before exit day.

 

(2C)    

A statutory instrument containing regulations under subsection (2A) may not be

 

made unless a draft of the instrument has been laid before, and approved by a

 

resolution of, each House of Parliament.”

 

Member’s explanatory statement

 

The amendment would allow Ministers, with parliamentary approval, to apply EU legislation

 

which has been passed before exit day but does not take full effect until after that day, along with

 

subordinate measures made for the purposes of EU legislation which is retained under the Bill and

 

taking effect after exit day.

 



 
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Revised 10 November 2017