Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 6 December 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: 391

 

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This document includes all remaining amendments and includes any withdrawn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 7, CLAUSE 7

 

Mr Chris Leslie

 

Mr David Lammy

 

Ian Murray

 

Mike Gapes

 

Catherine McKinnell

 

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Stella Creasy

Mr George Howarth

Ann Coffey

Chris Bryant

Martin Whitfield

Paul Farrelly

Stephen Timms

Lady Hermon

 

NC18

 

To move the following Clause—


 
 

Notices of Amendments: 6 December 2017                  

2

 

European Union (Withdrawal) Bill, continued

 
 

         

“Regulations to deal with deficiencies arising from withdrawal – Independent

 

Report

 

Within one month of Royal Assent of this Act HM Government shall commission

 

the publication of an Independent Report into the constitutional implications of

 

the powers delegated to Ministers in section 7 of this Act and the implications

 

these powers will have on the relationship between Parliament and the executive,

 

the rule of law and legal certainty, and the stability of the UK’s territorial

 

constitution.”

 

Member’s explanatory statement

 

This new clause would require the Government to commission an Independent Report into the

 

constitutional implications of the wide-ranging powers to make regulations delegated to Ministers

 

in Clause 7 of the Bill, in pursuance of the conclusions of the 3rd Report of the House of Lords

 

Select Committee on the Constitution session 2017-19 (HL Paper 19) “European Union

 

(Withdrawal) Bill: interim report”

 


 

Kerry McCarthy

 

Caroline Lucas

 

Mike Gapes

 

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

Mr Kenneth Clarke

Mr David Lammy

Stephen Kinnock

Ann Coffey

Seema Malhotra

Chris Bryant

Susan Elan Jones

Angela Smith

Tulip Siddiq

Martin Whitfield

Paul Farrell

Tom Brake

Lady Hermon

 

NC24

 

To move the following Clause—

 

         

“Scope of delegated powers

 

Subject to sections 8 and 9 and paragraphs 13 and 21 of Schedule 2, any power

 

to make, confirm or approve subordinate legislation conferred or modified under

 

this Act and its Schedules must be used, and may only be used, insofar as is

 

necessary to ensure that retained EU law continues to operate with equivalent

 

scope, purpose and effect following the United Kingdom’s exit from the EU.”

 

Member’s explanatory statement

 

The purpose of this amendment is to ensure that the powers to create secondary legislation given

 

to Ministers by the Bill can be used only in pursuit of the overall statutory purpose, namely to allow

 

retained EU law to continue to operate effectively after exit day.

 



 
 

Notices of Amendments: 6 December 2017                  

3

 

European Union (Withdrawal) Bill, continued

 
 

Caroline Lucas

 

Kerry McCarthy

 

Mike Gapes

 

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

Mr Kenneth Clarke

Ian Blackford

Patrick Grady

Stephen Gethins

Mr David Lammy

Ann Coffey

Seema Malhotra

Chris Bryant

Susan Elan Jones

Angela Smith

Martin Whitfield

Paul Farrelly

Norman Lamb

Angus Brendan MacNeil

Tom Brake

Tim Farron

Layla Moran

Wera Hobhouse

 

NC27

 

To move the following Clause—

 

         

“Institutional arrangements

 

(1)    

Before exit day a Minister of the Crown must make provision that all powers and

 

functions relating to the environment or environmental protection that were

 

exercisable by EU entities or other public authorities anywhere in the United

 

Kingdom before exit day which do not cease to have effect as a result of the

 

withdrawal agreement (“relevant powers and functions“) will—

 

(a)    

continue to be carried out by an EU entity or public authority;

 

(b)    

be carried out by an appropriate existing or newly established entity or

 

public authority in the United Kingdom; or

 

(c)    

be carried out by an appropriate international entity or public authority.

 

(2)    

For the purposes of this section, relevant powers and functions relating to the UK

 

exercisable by an EU entity or public authority include, but are not limited to—

 

(a)    

monitoring and measuring compliance with legal requirements,

 

(b)    

reviewing and reporting on compliance with legal requirements,

 

(c)    

enforcement of legal requirements,

 

(d)    

setting standards or targets,

 

(e)    

co-ordinating action,

 

(f)    

publicising information including regarding compliance with

 

environmental standards.

 

(3)    

Within 12 months of exit day, the Government shall consult on and bring forward

 

proposals for the creation by primary legislation of—

 

(a)    

a new independent body or bodies with powers and functions at least

 

equivalent to those of EU entities and public authorities in Member States

 

in relation to environment; and

 

(b)    

a new domestic framework for environmental protection and

 

improvement.

 

(4)    

Responsibility for any functions or obligations arising from retained EU law for

 

which no specific provision has been made immediately after commencement of

 

this Act will belong to the relevant Minister until such a time as specific provision

 

for those functions or obligations has been made.”


 
 

Notices of Amendments: 6 December 2017                  

4

 

European Union (Withdrawal) Bill, continued

 
 

Member’s explanatory statement

 

This new clause requires the Government to establish new domestic governance proposals

 

following the UK’s exit from the EU and to ensure statutory and institutional basis for future

 

environmental protection.

 


 

Stephen Timms

 

Mr David Lammy

 

Daniel Zeichner

 

Tom Brake

 

Sir Vince Cable

 

Jo Swinson

Sir Edward Davey

Ann Coffey

Mike Gapes

Layla Moran

Norman Lamb

Paul Farrelly

 

NC35

 

To move the following Clause—

 

         

“Regulations (publication of list)

 

(1)    

Within 1 month of this Act receiving Royal Assent, the Secretary of State must

 

publish a draft list of regulations that the Government intends to make under

 

section 7.

 

(2)    

A list under subsection (1) must include—

 

(a)    

the proposed title of the regulation,

 

(b)    

the area of retained EU law it is required to correct,

 

(c)    

the Government Department who has responsibility for the regulation,

 

and

 

(d)    

the proposed month in which the regulation will be tabled.

 

(3)    

The Secretary of State must ensure that a list published under subsection (1) is

 

updated within one month from the day it was published, and within one month

 

of every subsequent update, to include any regulations that the Government has

 

since determined it intends to make.”

 

Member’s explanatory statement

 

This new clause would require the Government to produce a list of regulations it intends to make

 

under the Bills correcting powers, and to update that list each month, in order to provide clarity

 

about when, and in which areas, it believes the power will be necessary.

 



 
 

Notices of Amendments: 6 December 2017                  

5

 

European Union (Withdrawal) Bill, continued

 
 

Stephen Kinnock

 

Stephen Timms

 

Heidi Alexander

 

Chuka Umunna

 

Mr Chris Leslie

 

Alison McGovern

Neil Coyle

Mike Gapes

Ann Coffey

Maria Eagle

Rushanara Ali

Mrs Madeleine Moon

Helen Goodman

Stephen Doughty

Stella Creasy

John Woodcock

Kate Green

Peter Kyle

Ian Murray

Wes Streeting

Daniel Zeichner

Ruth Cadbury

Mr Ben Bradshaw

Emma Reynolds

Catherine McKinnell

Ms Karen Buck

Dame Margaret Hodge

Mr David Lammy

Seema Malhotra

Catherine West

Susan Elan Jones

Angela Smith

Tulip Siddiq

Geraint Davies

Paul Farrelly

Helen Hayes

 

NC37

 

To move the following Clause—

 

         

“Governance and institutional arrangements

 

(1)    

Before exit day a Minister of the Crown must seek to make provision that all

 

powers and functions relating to any right, freedom, or protection, that any person

 

might reasonably expect to exercise, that were exercisable by EU entities or other

 

public authorities anywhere in the United Kingdom before exit day, and which do

 

not cease to have effect as a result of the withdrawal agreement (“relevant powers

 

and functions“) will—

 

(a)    

continue to be carried out by an EU entity or public authority;

 

(b)    

be carried out by an appropriate existing or newly established entity or

 

public authority in the United Kingdom; or

 

(c)    

be carried out by an appropriate international entity or public authority.

 

(2)    

For the purposes of this section, relevant powers and functions relating to the UK

 

exercisable by an EU entity or public authority include, but are not limited to—

 

(a)    

monitoring and measuring compliance with legal requirements,

 

(b)    

reviewing and reporting on compliance with legal requirements,

 

(c)    

enforcement of legal requirements,

 

(d)    

setting standards or targets,

 

(e)    

co-ordinating action,

 

(f)    

publicising information.

 

(3)    

Responsibility for any functions or obligations arising from retained EU law for

 

which no specific provision has been made immediately after commencement of

 

this Act will belong to the relevant Minister until such a time as specific provision

 

for those functions or obligations has been made.”

 

Member’s explanatory statement

 

This new clause would ensure that the institutions and agencies that protect EU derived rights and

 

protections are replaced to a sufficient standard so those rights and protections will still be

 

enjoyed in practice.

 



 
 

Notices of Amendments: 6 December 2017                  

6

 

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

Norman Lamb

Jamie Stone

Hywel Williams

Tim Farron

Angus Brendan MacNeil

Wera Hobhouse

Martin Whitfield

Martyn Day

Vernon Coaker

Paul Farrelly

Stephen Timms

Chuka Umunna

Helen Hayes

David Linden

Ms Harriet Harman

Peter Kyle

Mr Roger Godsiff

Preet Kaur Gill

Lisa Nandy

 

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: 6 December 2017                  

7

 

European Union (Withdrawal) Bill, continued

 
 

Mary Creagh

 

Ann Coffey

 

Mike Gapes

 

Kerry McCarthy

 

Helen Hayes

 

Mr David Lammy

 

NC62

 

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;

 

(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.

 


 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Vernon Coaker

Mike Gapes

Ms Harriet Harman

Mr David Lammy

 

NC63

 

To move the following Clause—

 

         

“Environmental standards and protections: enforcement

 

(1)    

Before exit day a Minister of the Crown must make provision that all powers and

 

functions relating to environmental standards and protections that were

 

exercisable by EU entities or other public authorities anywhere in the United

 

Kingdom before exit day and which do not cease to have effect as a result of the

 

withdrawal agreement (“relevant powers and functions”) will be carried out by an

 

appropriate existing or newly established entity or public authority in the United

 

Kingdom.


 
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Revised 06 December 2017