Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 15 November 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC79

 

Committee of the whole House


 

European Union (Withdrawal) Bill


 

Note

 

This document includes all remaining amendments and includes any withdrawn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 5 OR SCHEDULE 1, CLAUSE

 

5, SCHEDULE 1

 

Mr Chris Leslie

 

Mr Pat McFadden

 

Chuka Umunna

 

Paul Farrelly

 

Mr David Lammy

 

Ian Murray

Stephen Doughty

Kate Green

Kerry McCarthy

Catherine McKinnell

Helen Hayes

Mr Ben Bradshaw


 
 

Notices of Amendments: 15 November 2017                  

2

 

European Union (Withdrawal) Bill, continued

 
 

Angela Smith

Rushanara Ali

Stella Creasy

Stephen Kinnock

Ann Coffey

Catherine West

Chris Bryant

Mike Gapes

Martin Whitfield

Neil Coyle

Stephen Timms

 

NC16

 

To move the following Clause—

 

         

“Charter of Fundamental Rights – Government Report

 

(1)    

Within one month of Royal Assent of this Act, HM Government shall lay a report

 

before both Houses of Parliament reviewing the implications of removing the

 

Charter of Fundamental Rights from domestic law after exit day as set out in

 

section 5(4) of this Act.

 

(2)    

The report under subsection (1) shall set out the policy of Her Majesty’s

 

Government specifically in relation to the fundamental rights of—

 

(a)    

dignity, the right to life, to freedom from torture, slavery, the death

 

penalty, eugenic practices and human cloning,

 

(b)    

freedoms, the right to liberty, personal integrity, privacy, protection of

 

personal data, marriage, thought, religion, expression, assembly,

 

education, work, property and asylum,

 

(c)    

equality, the right to equality before the law, prohibition of all

 

discrimination including on basis of disability, age and sexual

 

orientation, cultural, religious and linguistic diversity, the rights of

 

children and the elderly,

 

(d)    

solidarity, the right to fair working conditions, protection against

 

unjustified dismissal, and access to health care, social and housing

 

assistance,

 

(e)    

citizens’ rights, the rights of citizens such as the right to vote in elections

 

and to move freely, the right to good administration, to access documents

 

and to petition Parliament, and

 

(f)    

justice, the right to an effective remedy, a fair trial, to the presumption of

 

innocence, the principle of legality, non-retrospectivity and double

 

jeopardy.”

 

Member’s explanatory statement

 

This new clause would require Ministers to produce a report reviewing in full the implications of

 

removing from UK law the Charter of Fundamental Rights – and the rights for UK citizens which

 

it has help to guarantee.

 


 

Tom Brake

 

NC78

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Consequences of leaving the European Union: equality

 

(1)    

This section comes into force when the power under section 14 to appoint exit day

 

for the purposes of this Act is first exercised.

 

(2)    

The purpose of this section is to ensure that the withdrawal of the United

 

Kingdom from the European Union does not diminish protection for equality in

 

the law of the United Kingdom.

 

(3)    

All individuals are equal before the law and have the right to the equal protection

 

and benefit of the law.


 
 

Notices of Amendments: 15 November 2017                  

3

 

European Union (Withdrawal) Bill, continued

 
 

(4)    

All individuals have a right not to be discriminated against by any public

 

authority on any grounds including sex, race, colour, ethnic or social origin,

 

genetic features, language, religion or belief, political or any other opinion,

 

membership of a national minority, property, birth, disability, age or sexual

 

orientation.

 

(5)    

The following provisions of the Human Rights Act 1998 apply in relation to the

 

rights conferred by subsections (3) and (4) as they apply in relation to Convention

 

rights within the meaning of that Act—

 

(a)    

section 3 (interpretation of legislation);

 

(b)    

section 4 (declaration of incompatibility);

 

(c)    

section 5 (right of Crown to intervene);

 

(d)    

section 6 (acts of public authorities);

 

(e)    

section 7 (proceedings);

 

(f)    

section 8 (judicial remedies);

 

(g)    

section 9 (judicial acts);

 

(h)    

section 10 (power to take remedial action);

 

(i)    

section 11 (safeguard for existing human rights); and

 

(j)    

section 19 (statements of compatibility).

 

(6)    

A court or tribunal must have regard to any relevant decisions of the European

 

Court of Human Rights in considering—

 

(a)    

the application of this section generally, and

 

(b)    

in particular, the meaning of discrimination for the purposes of this

 

section.”

 

Member’s explanatory statement

 

This new clause would ensure that the rights of equality presently enjoyed in accordance with EU

 

law are enshrined in free-standing domestic law after the UK leaves the EU.

 


 

Ellie Reeves

 

NC79

 

Parliamentary Star    

To move the following Clause—

 

         

“Provisions relating to the EU or the EEA in respect of EU-derived domestic

 

legislation

 

(1)    

Notwithstanding the provisions of section 5(1), 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.

 

(2)    

Notwithstanding the provisions of section  5(1) and having reported to both

 

Houses of Parliament, HM Government is bound to consider whether it should

 

incorporate otherwise have amended provisions or definitions into UK law, in

 

order to ensure that the rights of workers and employees in the UK are no less

 

favourable than they would have been had the UK remained a member of the EU

 

or EEA beyond exit day.

 

(3)    

Such circumstances arising in section 2(2)(d) include but are not limited to—

 

(a)    

any future EU Directives relating to family-friendly employment rights;

 

including but not limited to rights for pregnant workers and employees,

 

and those returning from maternity leave,

 

(b)    

any future EU Directives relating to gender equality,


 
 

Notices of Amendments: 15 November 2017                  

4

 

European Union (Withdrawal) Bill, continued

 
 

(c)    

the proposed Directive of the European Parliament and of the Council on

 

work-life balance for parents and carers.

 

(4)    

Reports presented under subsection (1) must include—

 

    

 

(i)    

an assessment of how such amendments to UK law would have

 

impacted sex equality in the UK had the UK remained a member

 

of the EU or EEA beyond exit day and

 

(ii)    

an assessment of how a failure to implement amended provisions

 

or definitions in UK law will impact the ability of families to

 

combine work and care in the UK and gender equality in the

 

UK.”

 

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 laws around family-friendly employment rights and gender equality

 

and their potential impact, as well as committing the Government to considering their

 

implementation. This is to ensure that rights of workers and employees with caring

 

responsibilities, and women’s rights, are no less favourable than they would have been had the UK

 

remained a member of the EU or EEA beyond exit day.

 

 


 

Mr Dominic Grieve

 

Robert Neill

 

Steve McCabe

 

Antoinette Sandbach

 

Anna Soubry

 

Nicky Morgan

Wera Hobhouse

Tim Farron

Paul Farrelly

Ann Coffey

Mike Gapes

Mr Jonathan Djanogly

 

297

 

Clause  5,  page  3,  line  11,  leave out “or rule of law”

 

Member’s explanatory statement

 

This amendment would remove the reference to a rule of law passed or made before exit day.

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Catherine West

Mike Gapes

Mr David Lammy

Vernon Coaker

Paul Farrelly

Ann Coffey

 

285

 

Clause  5,  page  3,  line  12,  after “exit day” insert “as appointed for the purposes of

 

this section (see subsection (5A)”

 

Member’s explanatory statement

 

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

 

structure of rules and regulations.


 
 

Notices of Amendments: 15 November 2017                  

5

 

European Union (Withdrawal) Bill, continued

 
 

Mr Dominic Grieve

 

Robert Neill

 

Steve McCabe

 

Antoinette Sandbach

 

Anna Soubry

 

Nicky Morgan

Wera Hobhouse

Tim Farron

Paul Farrelly

Ann Coffey

Mike Gapes

 

298

 

Clause  5,  page  3,  line  15,  leave out “or rule of law”

 

Member’s explanatory statement

 

This amendment would remove the reference to a rule of law passed or made before exit day.

 

Mr Dominic Grieve

 

Robert Neill

 

Steve McCabe

 

Catherine West

 

Antoinette Sandbach

 

Anna Soubry

Nicky Morgan

Wera Hobhouse

Tim Farron

Paul Farrelly

Ann Coffey

Mike Gapes

 

299

 

Clause  5,  page  3,  line  17,  leave out “or rule of law”

 

Member’s explanatory statement

 

This amendment would remove the reference to a rule of law passed or made before exit day.

 

Mr Dominic Grieve

 

Mr Kenneth Clarke

 

Nicky Morgan

 

Anna Soubry

 

Antoinette Sandbach

 

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

Mr Gavin Shuker

Norman Lamb

Kate Green

Dr Philippa Whitford

Wera Hobhouse

Tulip Siddiq

Hywel Williams

Martin Whitfield

Stephen Timms

 

8

 

Clause  5,  page  3,  line  20,  leave out subsections (4) and (5).

 

Member’s explanatory statement

 

To allow the Charter of Fundamental rights to continue to apply domestically in the interpretation

 

and application of retained EU law.


 
 

Notices of Amendments: 15 November 2017                  

6

 

European Union (Withdrawal) Bill, continued

 
 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

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

Wera Hobhouse

Tulip Siddiq

Martin Whitfield

Geraint Davies

Vernon Coaker

Neil Coyle

Ann Coffey

Stephen Timms

 

46

 

Clause  5,  page  3,  line  20,  leave out subsection (4)

 

Member’s explanatory statement

 

This amendment would remove the exclusion of the Charter of Fundamental Rights from retained

 

EU law.

 

Stephen Timms

 

Daniel Zeichner

 

Tom Brake

 

Sir Vince Cable

 

Jo Swinson

 

Sir Edward Davey

Ian Murray

Mike Gapes

Mr David Lammy

Norman Lamb

Wera Hobhouse

Martin Whitfield

Ann Coffey

Mr Chris Leslie

Darren Jones

Drew Hendry

Peter Grant

Ian C. Lucas

 

151

 

Clause  5,  page  3,  line  26,  at end insert—

 

“(5A)    

Within three months of the commencement of this section, the Secretary of State

 

must lay before Parliament regulations to create a fundamental right to the

 

protection of personal data.

 

(5B)    

A statutory instrument containing regulations under subsection (5A) may not be

 

made unless a draft has been laid before, and approved by a resolution of, each

 

House of Parliament.”

 

Member’s explanatory statement

 

Clause 5(4) of the Bill excludes the Charter of Fundamental Rights from the ‘incorporation’

 

powers in the Bill. This amendment would require the Secretary of State to replicate Article 8 of

 

the Charter (the Right to Protection of Personal Data) in UK domestic law within three months of

 

the commencement of Clause 5.


 
 

Notices of Amendments: 15 November 2017                  

7

 

European Union (Withdrawal) Bill, continued

 
 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Ian Murray

Seema Malhotra

Mike Gapes

Mr David Lammy

Martin Whitfield

Vernon Coaker

Paul Farrelly

Ann Coffey

 

286

 

Clause  5,  page  3,  line  26,  at end insert—

 

“(5A)    

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

 

Schedule 7) for the purposes of this section 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 Amendment is intended to allow for transitional arrangements within the existing structure of

 

rules and regulations.

 


 

Mr Dominic Grieve

 

Mr Kenneth Clarke

 

Nicky Morgan

 

Anna Soubry

 

Antoinette Sandbach

 

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

Mr Gavin Shuker

Kate Green

Wera Hobhouse

Tulip Siddiq

Hywel Williams

Martin Whitfield

Stephen Timms

 

10

 

Schedule  1,  page  15,  line  5,  leave out paragraphs 1 to 3

 

Member’s explanatory statement

 

To allow challenges to be brought to retained EU law on the grounds that it is in breach of general

 

principles of EU law.


 
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Revised 16 November 2017