Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 13 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

 

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This document includes all remaining amendments and includes any withdrawn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 13 OR SCHEDULE 5,

 

CLAUSE 13, SCHEDULE 5

 

Mr Chris Leslie

 

Mr David Lammy

 

Ian Murray

 

Catherine McKinnell

 

Helen Hayes

 

Mr Ben Bradshaw

Angela Smith

Mr George Howarth

Mary Creagh

Tom Brake

Sir Vince Cable

Jo Swinson

Sir Edward Davey

Ann Coffey

Mike Gapes

Layla Moran

Martin Whitfield

Paul Farrelly

Neil Coyle

Stephen Timms

 

NC21

 

To move the following Clause—


 
 

Notices of Amendments: 13 December 2017                  

2

 

European Union (Withdrawal) Bill, continued

 
 

         

“Plain English summary of retained direct EU legislation

 

HM Government shall ensure that the publication of copies of retained direct EU

 

legislation as set out in the provisions of section 13 and schedule 5 is

 

accompanied wherever possible by a summarising explanatory document setting

 

out in terms that are readily understandable the purpose and effect of that retained

 

direct EU legislation.”

 

Member’s explanatory statement

 

This new clause would require Ministers to publish copies of retained direct EU legislation

 

accompanied by ‘plain English’ and readily understandable summarising explanatory documents.

 

 


 

Ian Blackford

 

Patrick Grady

 

Stephen Gethins

 

Kirsty Blackman

 

Peter Grant

 

Martyn Day

Douglas Chapman

Joanna Cherry

 

77

 

Clause  13,  page  9,  line  9,  at end insert—

 

“(3)    

A Minister of the Crown may by regulations—

 

(a)    

make provision enabling or requiring judicial notice to be taken of a

 

relevant matter, or

 

(b)    

provide for the admissibility in any legal proceedings of specified

 

evidence of—

 

(i)    

a relevant matter, or

 

(ii)    

instruments or documents issued by or in the custody of an EU

 

entity.”

 


 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Paul Farrelly

Ms Harriet Harman

Diana Johnson

 

348

 

Schedule  5,  page  36,  line  9,  at end insert—

 

“(c)    

any impact assessment conducted by Her Majesty’s Government that in

 

any way concerns the economic and financial impact of in anyway

 

altering, modifying or abolishing any relevant instrument.”

 

Member’s explanatory statement

 

This amendment would require the Government to publish its economic impact assessments of the

 

policy options for withdrawal from the EU.


 
 

Notices of Amendments: 13 December 2017                  

3

 

European Union (Withdrawal) Bill, continued

 
 

Ian Blackford

 

Patrick Grady

 

Stephen Gethins

 

Kirsty Blackman

 

Peter Grant

 

Joanna Cherry

Martyn Day

 

76

 

Schedule  5,  page  37,  leave out paragraph 4

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 14 OR SCHEDULE 6,

 

CLAUSE 14, SCHEDULE 6, REMAINING NEW CLAUSES, REMAINING NEW SCHEDULES,

 

CLAUSE 15, SCHEDULES 8 AND 9, CLAUSES 18 AND 19, REMAINING PROCEEDINGS ON

 

THE BILL

 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 14 OR SCHEDULE 6,

 

CLAUSE 14, SCHEDULE 6

 

Mr Chris Leslie

 

Mike Gapes

 

Chuka Umunna

 

Neil Coyle

 

Peter Kyle

 

Mr Ben Bradshaw

Stephen Doughty

Paul Farrelly

Mr David Lammy

Ian Murray

Catherine McKinnell

Helen Hayes

Angela Smith

Mr George Howarth

Mary Creagh

Ann Coffey

Tulip Siddiq

Angus Brendan MacNeil

Martin Whitfield

Stephen Timms

 

NC5

 

To move the following Clause—

 

         

“New EU-UK Treaty to be ratified prior to exit day

 

Ministers shall not bring forward regulations to appoint ‘exit day’ unless both

 

Houses of Parliament have ratified, by Act of Parliament, a new Treaty between

 

the United Kingdom and the European Union which is due to take effect

 

immediately upon the United Kingdom‘s repeal of the European Communities

 

Act 1972.”

 

Member’s explanatory statement

 

This new clause would ensure that Parliament has ratified successor arrangements for a future

 

relationship and Treaty between the EU and UK before ‘exit day’ can be appointed by Ministers.

 



 
 

Notices of Amendments: 13 December 2017                  

4

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Mr David Lammy

 

Ian Murray

 

Stephen Doughty

 

Mike Gapes

 

Catherine McKinnell

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Mary Creagh

Ann Coffey

Martin Whitfield

Mr George Howarth

Paul Farrelly

Neil Coyle

Tulip Siddiq

Stephen Timms

 

NC13

 

To move the following Clause—

 

         

“Customs duties

 

A Minister of the Crown may not make regulations to appoint exit day until Royal

 

Assent is granted to an Act of Parliament making provision for the substitution of

 

section 5 (customs duties) of the European Communities Act 1972 with

 

provisions that shall allow the United Kingdom to remain a member of the EU

 

common customs tariff and common commercial policy.”

 

Member’s explanatory statement

 

This new clause would ensure that provisions allowing the UK to remain a member of the Customs

 

Union, as currently set out in section 5 of the European Communities Act 1972 but set to be

 

repealed by section 1 of this Act, will be enacted ahead of exit day.

 

 


 

Secretary David Davis

 

381

 

Clause  14,  page  10,  line  25,  leave out from “means” to “(and” in line 26 and insert

 

“29 March 2019 at 11.00 p.m.”

 

Member’s explanatory statement

 

This amendment removes the power for a Minister of the Crown to appoint exit day by regulations

 

and ensures that exit day is fixed at 29 March 2019 at 11.00 p.m. for all purposes.

 

Yvette Cooper

 

Ms Harriet Harman

 

Norman Lamb

 

Caroline Lucas

 

Anna Soubry

 

Helen Hayes

Mr David Lammy

Stephen Gethins

Mrs Madeleine Moon

Mr Ben Bradshaw

 

386

 

Clause  14,  page  10,  line  25,  leave out from “means” to “(and” in line 26 and insert

 

“the time specified by an Act of Parliament approving the final terms of withdrawal of the

 

United Kingdom from the EU”.

 

Member’s explanatory statement

 

This amendment would require ‘exit day’ to be specified, for all purposes, in a separate bill seeking

 

approval for the final terms of the withdrawal of the UK from the EU. It would therefore have the

 

effect of requiring a statute on the withdrawal terms - whatever they might be - to be passed by

 

Parliament before ‘exit day’.


 
 

Notices of Amendments: 13 December 2017                  

5

 

European Union (Withdrawal) Bill, continued

 
 

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

Helen Hayes

Stephen Kinnock

Mr George Howarth

Ann Coffey

Seema Malhotra

Jamie Stone

Wera Hobhouse

Hugh Gaffney

Martin Whitfield

Mike Gapes

Tulip Siddiq

Stephen Timms

Ms Harriet Harman

Diana Johnson

 

43

 

Clause  14,  page  10,  line  25,  leave out “a Minister of the Crown may by regulations’

 

and insert ‘Parliament may by a majority approval in both Houses”

 

Member’s explanatory statement

 

This amendment together with Amendments 44 and 45 would empower Parliament to control the

 

length and basic terms of transitional arrangements, and would allow Parliament to start the clock

 

on the sunset clauses within the Bill.

 

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

Ian Murray

Catherine McKinnell

Heidi Allen

Helen Hayes

Mr Ben Bradshaw

Angela Smith

Mr David Lammy

Mr George Howarth

Ann Coffey

Jamie Stone

Mike Gapes

Lady Hermon

Mr Gavin Shuker

Wera Hobhouse

Martin Whitfield

Tulip Siddiq

Stephen Timms

Kerry McCarthy

 

6

 

Clause  14,  page  10,  line  26,  at end insert “but exit day must be the same day for the

 

purposes of every provision of this Act.”

 

Member’s explanatory statement

 

To prevent the creation of different exit days for different parts of the Act by SI.

 

Tom Brake

 

Hywel Williams

 

Dr Philippa Whitford

 

Stephen Kinnock

 

Tim Farron

 

Peter Grant

Caroline Lucas

 

371

 

Clause  14,  page  10,  line  26,  at end insert—

 

““law relating to equality or human rights” means—

 

(a)    

the Equality Acts 2006 and 2010;


 
 

Notices of Amendments: 13 December 2017                  

6

 

European Union (Withdrawal) Bill, continued

 
 

(b)    

the Human Rights Act 1998; and

 

(c)    

other enactments relating to equality or human rights.”

 

Member’s explanatory statement

 

This amendment defines “law relating to equality or human rights” for the purposes of other

 

amendments which would broaden protection provided by the Bill from interference with the

 

Human Rights Act to include other provisions about human rights and equality.

 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

Martyn Day

 

Douglas Chapman

 

384

 

Clause  14,  page  10,  line  36,  at end insert—

 

    

““pending matter” means any litigation which has been commenced in any court

 

or tribunal in the United Kingdom and which is not finally determined at exit

 

day”.

 

Member’s explanatory statement

 

This amendment provides a definition of pending cases for the purposes of Clause 6.

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Ms Harriet Harman

Diana Johnson

 

349

 

Clause  14,  page  10,  line  46,  leave out “for a term of more than 2 years”

 

Member’s explanatory statement

 

This amendment would prevent Ministers using delegated powers to create criminal offences

 

which carry custodial sentences.

 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

Martyn Day

 

Douglas Chapman

 

353

 

Clause  14,  page  10,  line  48,  at end insert—

 

““retained case law” means—

 

(a)    

retained domestic case law, and

 

(b)    

retained EU case law;”


 
 

Notices of Amendments: 13 December 2017                  

7

 

European Union (Withdrawal) Bill, continued

 
 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Patrick Grady

 

Martyn Day

 

Douglas Chapman

 

354

 

Clause  14,  page  11,  line  2,  at end insert—

 

““retained domestic case law” means any principles laid down by, and any

 

decisions of, a court or tribunal in the United Kingdom, as they have

 

effect immediately before exit day and so far as they—

 

(a)    

relate to anything to which section 2, 3 or 4 applies, and

 

(b)    

are not excluded by section 5 or Schedule 1,

 

(as those principles and decisions are modified by or under this Act or by

 

other domestic law from time to time);

 

“retained EU case law” means any principles laid down by, and any

 

decisions of, the European Court, as they have effect in EU law

 

immediately before exit day and so far as they—

 

(a)    

relate to anything to which section 2, 3 or 4 applies, and

 

(b)    

are not excluded by section 5 or Schedule 1,

 

(as those principles and decisions are modified by or under this Act or by

 

other domestic law from time to time);

 

“retained EU law” means anything which, on or after exit day, continues to

 

be, or forms part of, domestic law by virtue of section 2, 3 or 4 or

 

subsection (3) or (6) above (as that body of law is added to or otherwise

 

modified by or under this Act or by other domestic law from time to

 

time);

 

“retained general principles of EU law” means the general principles of EU

 

law, as they have effect in EU law immediately before exit day and so far

 

as they—

 

(a)    

relate to anything to which section 2, 3 or 4 applies, and

 

(b)    

are not excluded by section 5 or Schedule 1,

 

(as those principles are modified by or under this Act or by other

 

domestic law from time to time).”

 

Secretary David Davis

 

382

 

Clause  14,  page  11,  line  24,  leave out from “Act” to end of line 32 and insert

 

“references to before, after or on exit day, or to beginning with exit day, are to be read as

 

references to before, after or at 11.00 p.m. on 29 March 2019 or (as the case may be) to

 

beginning with 11.00 p.m. on that day.”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 381 and ensures that references to exit day in the

 

Bill and other legislation operate correctly in relation to the time as well as the date of the United

 

Kingdom’s withdrawal from the EU.


 
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Revised 13 December 2017