Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 23 January 2018

 

Public Bill Committee

 

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: 3 to 43 and NC4 to NC10

 

Trade Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 22 January (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 23

 

January) meet—

 

(a)  

at 2.00 pm on Tuesday 23 January; 

 

(b)  

at 11.30 am and 2.00 pm on Thursday 25 January;

 

(c)  

at 9.25 am, 2.00 pm and 5.30 pm on Tuesday 30 January;

 

(d)  

at 11.30 am on Thursday 1 February.

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:


 
 

Public Bill Committee: 23 January 2018                  

2

 

Trade Bill, continued

 
 

TABLE

 

Date

Time

Witness

 
 

Tuesday 23 January

Until no later than

Global Justice Now; Computer

 
  

10.25 am

and Communications Industry

 
   

Association; Christopher

 
   

Howarth, former Senior Political

 
   

Analyst, Open Europe

 
 

Tuesday 23 January

Until no later than

CBI; International Chambers of

 
  

11.25 am

Commerce UK; Unite the

 
   

Union; FSB

 
 

Tuesday 23 January

Until no later than

Dr Lorands Bartels, University

 
  

2.45 pm

of Cambridge; Dr Roiger

 
   

Hestermeyer, King’s College

 
   

London; Hansard Society

 
   

Jude Kirton Darling MEP

 
 

Tuesday 23 January

Until no later than

George Peretz QC, Monckton

 
  

3.30 pm

Chambers; Professor Alan

 
   

Winters, UK Trade Policy

 
   

Observatory; Law Society

 
   

Scotland

 
 

Tuesday 23 January

Until no later than

British Ceramic Confederation;

 
  

4.15 pm

UK Steel Manufacturing Trade

 
   

Remedies Alliance;

 
   

British Chambers of Commerce

 
 

Tuesday 23 January

Until no later than

UK Finance; British Retail

 
  

5.00 pm

Consortium Standard Chartered

 
   

Bank

 
 

Thursday 25 January

Until no later than

Devro plc; Scotch Whisky

 
  

12.00 pm

Association Food Standards

 
   

Scotland

 
 

Thursday 25 January

Until no later than

Business for Scotland;  

 
  

1.00 pm

Furniture Association Hologic

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 3; Schedules 1 to 3; Clauses 4 and 5; Schedule

 

4; Clauses 6 to 12; new Clauses; new Schedules; remaining proceedings on

 

the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 2.00 pm on Thursday 1 February.

 

Greg Hands has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 



 
 

Public Bill Committee: 23 January 2018                  

3

 

Trade Bill, continued

 
 

Greg Hands

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

 

 


 

Greg Hands

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 


 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

33

 

Parliamentary Star    

Clause  1,  page  1,  line  15,  at end insert—

 

“(1A)    

No regulations may be made under subsection (1) by a Minister of the Crown, so

 

far as they contain provision which would be within the devolved competence of

 

the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1),

 

unless the Scottish Ministers consent.

 

(1B)    

No regulations may be made under subsection (1) by a Minister of the Crown, so

 

far as they contain provision which would be within the devolved competence of

 

the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1),

 

unless the Welsh Ministers consent.”

 

Member’s explanatory statement

 

This amendment would ensure that the consent of the Scottish Ministers or Welsh Ministers is

 

required for any regulations that deal with matters within the competence of devolved authorities

 

in Scotland and Wales.

 


 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

4

 

Parliamentary Star    

Clause  2,  page  2,  line  7,  leave out “subsections (3) to (5)” and insert “subsections

 

(2A) and (5).”

 

Member’s explanatory statement

 

This is consequential upon Amendment 3.


 
 

Public Bill Committee: 23 January 2018                  

4

 

Trade Bill, continued

 
 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

3

 

Parliamentary Star    

Clause  2,  page  2,  line  12,  at end insert—

 

“(2A)    

Regulations under subsection (1) to make provision for the purpose of

 

implementing an international trade agreement may only be made if—

 

(a)    

the provisions of section [Parliamentary scrutiny of free trade

 

agreements before signature] were complied with before the United

 

Kingdom had ratified the agreement;

 

(b)    

the requirements under subsection (3) and under paragraph 2A of

 

Schedule 2 have been met;

 

(c)    

the requirements under subsection (4) have been met; or

 

(d)    

the requirements under subparagraph 2(1B) of Schedule 2 have been

 

met.”

 

Member’s explanatory statement

 

This would expand Clause 2 to include international trade agreements that do not correspond to

 

a prior or existing EU trade agreement.

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

5

 

Parliamentary Star    

Clause  2,  page  2,  line  13,  leave out subsections (3) and (4) and insert—

 

“(3)    

Regulations under subsection (1) may make provision for the purpose of

 

implementing a free trade agreement only if—

 

(a)    

the other signatory (or each other signatory) and the European Union had

 

ratified a free trade agreement with each other immediately before exit

 

day, or

 

(b)    

where the regulations are made before exit day, the other signatory (or

 

each other signatory) and the European Union have ratified a free trade

 

agreement with each other on the day the regulations are made.

 

(4)    

Regulations under subsection (1) may make provision for the purpose of

 

implementing an international trade agreement other than a free trade agreement

 

only if—

 

(a)    

the other signatory (or each other signatory) and the European Union had

 

ratified an international trade agreement with each other immediately

 

before exit day, or

 

(b)    

where the regulations are made before exit day, the other signatory (or

 

each other signatory) and the European Union have ratified an

 

international trade agreement with each other on the day the regulations

 

are made.”


 
 

Public Bill Committee: 23 January 2018                  

5

 

Trade Bill, continued

 
 

Member’s explanatory statement

 

This excludes from the scope of section 2(1) those international trade agreements agreed between

 

the UK and a third country where the corresponding agreement between the European Union and

 

that third country has been signed but not ratified.

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

6

 

Parliamentary Star    

Clause  2,  page  2,  line  29,  at end insert—

 

“(4A)    

Regulations under subsection (1) may make provision for the purpose of

 

implementing an international trade agreement only if the provisions of that

 

international trade agreement do not conflict with, and are consistent with—

 

(a)    

the provisions of international treaties ratified by the United Kingdom;

 

(b)    

the provisions of the Sustainable Development Goals adopted by the

 

United Nations General Assembly on 25 September 2015;

 

(c)    

the primacy of human rights law;

 

(d)    

international human rights law and international humanitarian law;

 

(e)    

the United Kingdom’s obligations on workers’ rights and labour

 

standards as established by but not limited to –

 

(i)    

the commitments under the International Labour Organisation’s

 

Declaration on Fundamental Rights at Work and its Follow-up

 

Conventions; and

 

(ii)    

the fundamental principles and rights at work inherent in

 

membership of the International Labour Organisation;

 

(f)    

women’s rights and are in accordance with the United Kingdom’s

 

obligations established by but not limited to the Convention on the

 

Elimination of All Forms of Discrimination Against Women;

 

(g)    

children’s rights and are in accordance with the United Kingdom’s

 

obligations established by but not limited to the Convention on the Rights

 

of the Child;

 

(h)    

the United Kingdom’s environmental obligations in international law and

 

as established by but not limited to—

 

(i)    

the Paris Agreement adopted under the United Nations

 

Framework Convention on Climate Change;

 

(ii)    

the Convention on International Trade in Endangered Species of

 

Wild Fauna and Flora (CITES); and

 

(iii)    

the Convention on Biological Diversity, including the Cartagena

 

Protocol on Biosafety; and

 

(i)    

the sovereignty of Parliament, the legal authority of UK courts, the rule

 

of law and the principle of equality before the law.”

 

Member’s explanatory statement

 

This would ensure that international trade agreements do not conflict with the provisions of

 

international laws or conventions on human rights and the environment, or with the rule of law.


 
 

Public Bill Committee: 23 January 2018                  

6

 

Trade Bill, continued

 
 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

7

 

Parliamentary Star    

Clause  2,  page  2,  line  29,  at end insert—

 

“(4A)    

Regulations under subsection (1) may make provision for the purpose of

 

implementing an international trade agreement only if the provisions of that

 

international trade agreement do not in any way restrict the ability—

 

(a)    

to make public services at a national or local level subject to public

 

monopoly;

 

(b)    

to make public services at a national or local level subject to exclusive

 

rights granted to private operators; and

 

(c)    

to bring public services at a national or local level back into the public

 

sector for delivery by public sector employees.”

 

Member’s explanatory statement

 

This would ensure that international trade agreements cannot restrict future decisions in respect

 

of the delivery of public services.

 

Barry Gardiner

 

Sue Hayman

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

Faisal Rashid

Matt Western

 

8

 

Parliamentary Star    

Clause  2,  page  2,  line  29,   at end insert—

 

“(4A)    

Regulations may only be made under section 2(1) if—

 

(a)    

the provisions of the international trade agreement to which they relate

 

are consistent with standards for food safety and quality as set and

 

administered by—

 

(i)    

the Department of Health;

 

(ii)    

the Food Standards Agency; and

 

(iii)    

any other public authority specified in regulations made by the

 

Secretary of State;

 

(b)    

the Secretary of State is satisfied that mechanisms and bodies charged

 

with enforcement of standards for food safety and quality have the

 

capacity to absorb any extra requirement which may arise from the

 

implementation of the agreement;

 

(c)    

the provisions of the international trade agreement to which they relate

 

are consistent with policy to achieve reduction in the risk of disease or

 

contamination as set and administered by—

 

(i)    

the Department of Health;

 

(ii)    

the Food Standards Agency; and

 

(iii)    

any other public authority specified in regulations made by the

 

Secretary of State;


 
 

Public Bill Committee: 23 January 2018                  

7

 

Trade Bill, continued

 
 

(d)    

the provisions of the international trade agreement to which they relate

 

are consistent with achieving improvements in public health through any

 

food policy priorities set and administered by—

 

(i)    

the Department of Health;

 

(ii)    

the Food Standards Agency; and

 

(iii)    

any other public authority specified in regulations made by the

 

Secretary of State;

 

(e)    

the provisions of the international trade agreement to which they relate

 

are compliant with policy to achieve targets for farm antibiotic reduction

 

set by the Veterinary Medicines Directorate;

 

(f)    

the provisions of the international trade agreement to which they relate

 

are compliant with retained EU law relating to food standards and the

 

impact of food production upon the environment; and

 

(g)    

any food or food products to which the provisions of the international

 

trade agreement apply meet standards of labelling, indication of

 

provenance, and packaging specified by the Food Standards Agency.

 

“(4B)    

A statutory instrument containing regulations of the Secretary of State under this

 

section 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

 

This would ensure that international trade agreements maintain or enhance food safety standards

 

in the UK.

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

9

 

Parliamentary Star    

Clause  2,  page  2,  leave out line 33

 

Member’s explanatory statement

 

This would remove the Henry VIII power allowing for the modification of primary legislation that

 

is retained EU law.

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

10

 

Parliamentary Star    

Clause  2,  page  2,  line  40,  at end insert–—

 

“(7A)    

An “international agreement that mainly relates to trade, other than a free trade

 

agreement” means a strategic partnership agreement or mutual recognition

 

agreement that is ancillary to a free trade agreement as defined in subsection (7).”

 

Member’s explanatory statement

 

This would define international trade agreements that do not fall within the category of a “free

 

trade agreement” as defined under subsection (7).


 
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Revised 23 January 2018