Session 2017-19
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1

 

House of Commons

 
 

Tuesday 30 January 2018

 

Public Bill Committee Proceedings

 

Trade Bill


 

[Fifth, Sixth and Seventh Sittings]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 


 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  5

 

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


 
 

Public Bill Committee Proceedings: 30 January 2018        

2

 

Trade Bill, continued

 
 

(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.”

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  6

 

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


 
 

Public Bill Committee Proceedings: 30 January 2018        

3

 

Trade Bill, continued

 
 

(i)    

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

 

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

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  7

 

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.”

 

Barry Gardiner

 

Sue Hayman

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

Faisal Rashid

Matt Western

 

Negatived on division  8

 

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 Proceedings: 30 January 2018        

4

 

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.”

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  9

 

Clause  2,  page  2,  leave out line 33

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  10

 

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).”

 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

Not called  34

 

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

 

“(7A)    

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


 
 

Public Bill Committee Proceedings: 30 January 2018        

5

 

Trade Bill, continued

 
 

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

 

unless the Scottish Ministers consent.

 

(7B)    

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.”

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  11

 

Clause  2,  page  2,  line  41,  leave out subsections (8) and (9) and insert—

 

“(8)    

No regulations may be made under subsection (1) in relation to an agreement

 

which meets the criteria in subsection (3) or (4) after the end of the period of five

 

years beginning with exit day.”

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  12

 

Clause  2,  page  2,  line  41,  leave out subsections (8) and (9) and insert—

 

“(8)    

No regulations may be made under subsection (1) in relation to an agreement

 

which meets the criteria in subsection (3) or (4) after the end of—

 

(a)    

the period of five years beginning with exit day (“the initial five year

 

period”), or

 

(b)    

such other period as is specified in regulations made by the Secretary of

 

State in accordance with subsection (9).

 

(9)    

Regulations under subsection (8)(b) may not extend the initial five year period

 

beyond the day which falls ten years after exit day.”

 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

Not called  35

 

Clause  2,  page  3,  line  3,  at end insert—

 

“(10)    

No regulations may be made under subsection (8)(b) unless the Secretary of State

 

has consulted with the Scottish Ministers and the Welsh Ministers.”

 

Clause Agreed to.


 
 

Public Bill Committee Proceedings: 30 January 2018        

6

 

Trade Bill, continued

 
 

Clause 3 Agreed to.

 


 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

Negatived on division  36

 

Schedule  1,  page  7,  line  24,  at end insert—

 

“(4)    

This paragraph does not apply to regulations made under section 1(1) or 2(1) by

 

the Scottish Ministers or the Welsh Ministers.”

 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

Negatived on division  37

 

Schedule  1,  page  8,  line  5,  at end insert—

 

“(4)    

This paragraph does not apply to regulations made under section 1(1) or 2(1) by

 

the Scottish Ministers or the Welsh Ministers.

 

Requirement for consultation in certain circumstances

 

3A  (1)  

No regulations may be made by the Scottish Ministers or the Welsh Ministers

 

acting alone under section 1(1) or 2(1) so far as the regulations are to come into

 

force before exit day unless the regulations are, to that extent, made after

 

consulting with a Minister of the Crown.

 

      (2)  

No regulations may be made by the Scottish Ministers or the Welsh Ministers

 

acting alone under section 2(1) so far as the regulations make provision about

 

any quota arrangements or are incompatible with any such arrangements

 

unless the regulations are, to that extent, made after consulting with a Minister

 

of the Crown.

 

      (3)  

In sub-paragraph (2) “quota arrangements” has the same meaning as in

 

paragraph 3.”

 

Schedule Agreed to.

 


 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  13

 

Schedule  2,  page  12,  line  5,  leave out from “section 1(1)” to the end of line 6 and

 

insert “may not be made unless a draft of the instrument has been laid before, and

 

approved by a resolution of, each House of Parliament.”


 
 

Public Bill Committee Proceedings: 30 January 2018        

7

 

Trade Bill, continued

 
 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  16

 

Schedule  2,  page  12,  line  5,  , leave out “or 2(1)”.

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  17

 

Schedule  2,  page  12,  line  6,  at end insert—

 

“(1A)    

A statutory instrument containing regulations of a Minister of the Crown under

 

section 2(1) may not be made unless a draft of the instrument has been laid before,

 

and approved by a resolution of, each House of Parliament.”

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

Negatived on division  19

 

Schedule  2,  page  12,  line  6,  at end insert—

 

“(1A)    

A statutory instrument containing regulations of a Minister of the Crown under

 

section 2(1) may not be made except in accordance with the steps in

 

subparagraphs (1B) to (1E).

 

(1B)    

The Minister shall lay before Parliament—

 

(a)    

a draft of the regulations, and

 

(b)    

a document which explains why the Secretary of State believes that

 

regulations should be made in terms of the draft regulations.

 

    

made in terms of the draft regulations.

 

(1C)    

The Minister may make an order in the terms of the draft regulations laid under

 

subparagraph (1B) if—

 

(a)    

after the expiry of a period of 21 sitting days after the draft regulations

 

are laid, no committee of either House of Parliament has recommended

 

that the regulations should not be made, and

 

(b)    

after the expiry of a period of 60 sitting days after the draft regulations

 

are laid, the draft regulations are approved by a resolution of each House

 

of Parliament.

 

(1D)    

If a committee of either House of Parliament recommends that the regulations

 

should not be made, the Secretary of State may—

 

(a)    

lay before Parliament revised draft regulations, or


 
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Revised 30 January 2018