Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 27 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: NC80

 

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This document includes all remaining amendments and includes any withdrawn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 11 OR SCHEDULE 3,

 

CLAUSE 11, SCHEDULE 3

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Owen Smith

 

Lesley Laird

 

Christina Rees

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Hugh Gaffney

Martin Whitfield

Geraint Davies

Vernon Coaker

Paul Farrelly

Mike Gapes

Stephen Timms

Lady Hermon

Ms Harriet Harman

 

NC64

 

To move the following Clause—


 
 

Notices of Amendments: 27 November 2017                  

2

 

European Union (Withdrawal) Bill, continued

 
 

         

“Creation of UK-wide frameworks

 

(1)    

The Secretary of State must lay before each House of Parliament proposals for

 

replacing European frameworks with UK ones.

 

(2)    

UK-wide frameworks shall be proposed if and only if they are necessary to—

 

(a)    

enable the functioning of the UK internal market;

 

(b)    

ensure compliance with international obligations;

 

(c)    

ensure the UK can negotiate, enter into and implement new trade

 

agreements and international treaties;

 

(d)    

enable the management of common resources;

 

(e)    

administer and provide access to justice in cases with a cross-border

 

element;

 

(f)    

safeguard the security of the UK.

 

(3)    

Ministers of the Crown shall only create UK-wide frameworks if they have

 

consulted with, and secured the agreement of, the effected devolved

 

administrations.”

 

Member’s explanatory statement

 

This new clause would establish new procedures for the creation of UK-wide frameworks for

 

retained EU law.

 


 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Owen Smith

 

Lesley Laird

 

Christina Rees

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Ian Murray

Hugh Gaffney

Martin Whitfield

Vernon Coaker

Mike Gapes

Stephen Timms

Lady Hermon

Ms Harriet Harman

 

NC65

 

To move the following Clause—

 

         

“Role of Joint Ministerial Committee

 

(1)    

The Joint Ministerial Committee is to be a forum—

 

(a)    

for discussing—

 

(i)    

the terms upon which the United Kingdom is to withdraw from

 

the European Union and the United Kingdom’s future

 

relationship with the European Union;

 

(ii)    

proposals to amend retained EU law;

 

(iii)    

agreed legal and policy frameworks in relation to the subject

 

matter of devolved retained EU law that are to operate

 

throughout the United Kingdom;

 

(iv)    

a concordat setting out the process for concluding the legal and

 

policy frameworks mentioned in sub-paragraph (iii); and

 

(b)    

for seeking a consensus on those matters between Her Majesty’s

 

Government and the other members of the Joint Ministerial Committee.


 
 

Notices of Amendments: 27 November 2017                  

3

 

European Union (Withdrawal) Bill, continued

 
 

(2)    

Before Her Majesty’s Government concludes a withdrawal agreement, the

 

Secretary of State must produce a document for consideration by the Joint

 

Ministerial Committee setting out—

 

(a)    

Her Majesty’s Government’s objectives and strategy in negotiating and

 

concluding a withdrawal agreement;

 

(b)    

Her Majesty’s Government’s objectives and strategy in relation to

 

establishing a framework for the United Kingdom’s future relationship

 

with the European Union;

 

(c)    

the steps Her Majesty’s Government intends to take to keep the Joint

 

Ministerial Committee informed of progress in reaching a withdrawal

 

agreement;

 

(d)    

the steps Her Majesty’s Government intends to take to consult each

 

member of the Joint Ministerial Committee before entering into a

 

withdrawal agreement and for taking the views of each member into

 

account;

 

(e)    

the steps Her Majesty’s Government intends to take to seek the approval

 

of the Scottish Parliament, the National Assembly for Wales and the

 

Northern Ireland Assembly before entering into a withdrawal agreement.

 

(3)    

Until a withdrawal agreement is concluded, the Secretary of State must produce

 

a report every three months for consideration by the Joint Ministerial Committee

 

setting out—

 

(a)    

Her Majesty’s Government’s assessment of the progress made against

 

Her Majesty’s Government’s objectives—

 

(i)    

in negotiating and concluding the withdrawal agreement;

 

(ii)    

in relation to establishing a framework for the United Kingdom’s

 

future relationship with the European Union;

 

(b)    

any change to the matters listed in paragraphs (a) to (e) of subsection (2).

 

(4)    

Before concluding a withdrawal agreement the Prime Minister must produce a

 

document setting out the terms of the proposed agreement for consideration by

 

the Joint Ministerial Committee.

 

(5)    

Meetings of the Joint Ministerial Committee must, until Her Majesty’s

 

Government concludes a withdrawal agreement, be chaired by—

 

(a)    

the Prime Minister, or

 

(b)    

the Secretary of State for Exiting the European Union.

 

(6)    

In this section, “the Joint Ministerial Committee” means the body set up in

 

accordance with Supplementary Agreement A of the Memorandum of

 

Understanding on Devolution, between Her Majesty’s Government, the Scottish

 

Government, the Welsh Government and the Northern Ireland Executive

 

Committee.”

 

Member’s explanatory statement

 

This new clause would put the Joint Ministerial Committee’s role in the withdrawal process on a

 

statutory footing.

 

 



 
 

Notices of Amendments: 27 November 2017                  

4

 

European Union (Withdrawal) Bill, continued

 
 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Valerie Vaz

Mr David Lammy

Ms Harriet Harman

Ian Murray

Mike Gapes

Catherine McKinnell

Stephen Doughty

Helen Hayes

Stephen Kinnock

Stella Creasy

Ann Coffey

Susan Elan Jones

Seema Malhotra

Jamie Stone

Wera Hobhouse

Hugh Gaffney

Martin Whitfield

Albert Owen

Vernon Coaker

Paul Farrelly

Ms Harriet Harman

 

42

 

Clause  11,  page  7,  line  16,  leave out subsections (1) to (3) and insert—

 

“(1)    

In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish

 

Parliament to legislate incompatibly with EU law), omit “or with EU law”.

 

(2)    

In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for

 

National Assembly for Wales to legislate incompatibly with EU law), omit “or

 

with EU law”.

 

(3)    

In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly

 

to legislate incompatibly with EU law, omit “is incompatible with EU law.”

 

Member’s explanatory statement

 

This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament,

 

the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved

 

matters.

 

Ian Murray

 

Stephen Gethins

 

Stephen Doughty

 

Hywel Williams

 

Jo Swinson

 

Caroline Lucas

Ian Blackford

Mr Alistair Carmichael

Tom Brake

Stella Creasy

Stephen Kinnock

Ann Coffey

Jamie Stone

Chris Bryant

Mike Gapes

Mr David Lammy

Mrs Madeleine Moon

Dr Philippa Whitford

Wera Hobhouse

Martin Whitfield

Martyn Day

Paul Farrelly

 

164

 

Clause  11,  page  7,  line  16,  leave out subsections (1) and (2) and insert—

 

“(1)    

In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish

 

Parliament to legislate incompatibly with EU law), omit “or with EU law”.

 

(2)    

In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for

 

National Assembly for Wales to legislate incompatibly with EU law), omit “or

 

with EU law”.”

 

Member’s explanatory statement

 

This amendment would replace the Bill’s changes to the legislative competence of the Scottish

 

Parliament and the National Assembly for Wales in consequence of EU withdrawal, by removing

 

the restriction on legislative competence relating to EU law and ensuring that no further

 

restriction relating to retained EU law is imposed.


 
 

Notices of Amendments: 27 November 2017                  

5

 

European Union (Withdrawal) Bill, continued

 
 

Tom Brake

 

Sir Vince Cable

 

Mr Alistair Carmichael

 

Tim Farron

 

Wera Hobhouse

 

Layla Moran

Jo Swinson

Jamie Stone

 

132

 

Clause  11,  page  7,  line  19,  leave out from “law)” to end of line 29 and insert “omit

 

“or with EU law””

 

Member’s explanatory statement

 

This amendment is intended to remove the proposed bar on the Scottish Parliament legislating

 

inconsistently with EU law after exit day.

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

Jamie Stone

 

90

 

Clause  11,  page  7,  leave out lines 22 to 29 and insert—

 

“(4A)    

An Act of the Scottish Parliament cannot modify, or confer power by subordinate

 

legislation to modify, retained EU law which relates to matters specified in

 

Schedule 5 to the Scotland Act 1998.”

 

Member’s explanatory statement

 

This amendment would remove the restrictions on the Scottish Parliament modifying retained EU

 

law except in relation to matters that are reserved.

 

Tom Brake

 

Sir Vince Cable

 

Mr Alistair Carmichael

 

Tim Farron

 

Wera Hobhouse

 

Layla Moran

Jo Swinson

Jamie Stone

 

133

 

Clause  11,  page  7,  line  33,  leave out from “law)” to end of line 7 on page 8 and

 

insert “omit “or with EU law””

 

Member’s explanatory statement

 

This amendment is intended to remove the proposed bar on the National Assembly for Wales

 

legislating inconsistently with EU law.


 
 

Notices of Amendments: 27 November 2017                  

6

 

European Union (Withdrawal) Bill, continued

 
 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

Wera Hobhouse

 

91

 

Clause  11,  page  7,  leave out from beginning of line 36 to the end of line 7 on page 8

 

and insert—

 

“(8)    

An Act of the Assembly cannot modify, or confer power by subordinate

 

legislation to modify, retained EU law which relates to matters specified in

 

Schedule 7A to the Government of Wales Act 2006.”

 

Member’s explanatory statement

 

This amendment would remove the restrictions on the National Assembly for Wales modifying

 

retained EU law except in relation to matters that are reserved.

 

Tom Brake

 

Sir Vince Cable

 

Mr Alistair Carmichael

 

Tim Farron

 

Wera Hobhouse

 

Layla Moran

Jo Swinson

Jamie Stone

 

134

 

Clause  11,  page  8,  line  9,  leave out from “Assembly)” to end of line 28 and insert

 

“omit subsection 2(d)”

 

Member’s explanatory statement

 

This amendment is intended to remove the proposed bar on the Northern Ireland Assembly

 

legislating inconsistently with EU law.

 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

92

 

Clause  11,  page  8,  leave out lines 14 to 28 and insert—

 

“(6)    

An Act of the Assembly cannot modify, or confer power by subordinate

 

legislation to modify, retained EU law which relates to matters specified in

 

Schedules 2 or 3 to the Northern Ireland Act 1998.”

 

Member’s explanatory statement

 

This amendment would remove the restrictions on the Northern Ireland Assembly modifying

 

retained EU law except in relation to matters that are reserved or excepted.


 
 

Notices of Amendments: 27 November 2017                  

7

 

European Union (Withdrawal) Bill, continued

 
 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

Stephen Gethins

 

Kirsty Blackman

 

Peter Grant

Caroline Lucas

Jamie Stone

Martyn Day

Douglas Chapman

 

72

 

Clause  11,  page  8,  line  28,  at end insert—

 

“(3A)    

This section shall not come into effect until—

 

(a)    

the Scottish Parliament has passed a resolution approving the provisions

 

in subsection (1);

 

(b)    

the National Assembly for Wales has passed a resolution approving the

 

provisions in subsection (2); and

 

(c)    

the Northern Ireland Assembly has passed a resolution approving the

 

provisions in subsection (3).”

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Vernon Coaker

Ann Coffey

Mike Gapes

 

337

 

Clause  11,  page  8,  line  33,  at end insert—

 

“(6)    

Subsections (1), (2) and (3) shall not come into force until the exit day appointed

 

for the purpose of this section, which 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, alongside Amendment 42 and NC64, would establish that the UK Government

 

has until the end of transitional arrangements to create any UK-wide frameworks.

 


 

Ian Murray

 

Stephen Gethins

 

Stephen Doughty

 

Hywel Williams

 

Caroline Lucas

 

Ian Blackford

Mr Alistair Carmichael

Tom Brake

Stella Creasy

Stephen Kinnock

Susan Elan Jones

Jamie Stone

Chris Bryant

Mike Gapes

Mr David Lammy


 
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Revised 28 November 2017