Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 17 July 2018

 

Report Stage Proceedings

 

Trade Bill


 

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Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.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

 

 


 

New clauses, new Schedules and amendments relating to scrutiny of

 

proposed international trade agreements, or to scrutiny of the making

 

of regulations

 

Secretary Liam Fox

 

Agreed to  NC12

 

To move the following Clause—

 

         

“Report on proposed free trade agreement

 

(1)    

This section applies (subject to subsection (2)) where the United Kingdom has

 

authenticated a free trade agreement (“the proposed agreement”), if—

 

(a)    

the other party (or each other party) and the European Union were

 

signatories to a free trade agreement immediately before exit day, or

 

(b)    

where the proposed agreement is authenticated by the United Kingdom

 

before exit day, the other party (or each other party) and the European

 

Union are signatories to a free trade agreement on the day the proposed

 

agreement is authenticated by the United Kingdom.


 
 

Report Stage Proceedings: 17 July 2018                  

2

 

Trade Bill, continued

 
 

(2)    

This section applies only if the proposed agreement is not binding on the United

 

Kingdom as a matter of international law unless it is ratified by the United

 

Kingdom.

 

(3)    

Before the United Kingdom ratifies the proposed agreement, a Minister of the

 

Crown must lay before Parliament a report which gives details of, and explains

 

the reasons for, any significant differences between—

 

(a)    

the trade-related provisions of the proposed agreement, and

 

(b)    

the trade-related provisions of the existing free trade agreement.

 

(4)    

Subsection (3) does not apply if a report in relation to the proposed agreement has

 

been laid before Parliament under section (Report to be laid with regulations

 

under section 2(1))(2).

 

(5)    

The duty imposed by subsection (3) applies only at a time when regulations may

 

be made under section 2(1) (see section 2(8)).

 

(6)    

In this section a reference to authenticating a free trade agreement is a reference

 

to doing an act which establishes the text of the agreement as authentic and

 

definitive as a matter of international law.

 

(7)    

In this section—

 

“the existing free trade agreement” means the free trade agreement referred

 

to in subsection (1)(a) or (b);

 

the “trade-related provisions” of a free trade agreement are the provisions of

 

the agreement that mainly relate to trade.”

 


 

Secretary Liam Fox

 

Agreed to  NC13

 

To move the following Clause—

 

         

“Reporting requirement not to apply in exceptional cases

 

(1)    

Section (Report on proposed free trade agreement) does not apply to a free trade

 

agreement if a Minister of the Crown is of the opinion that, exceptionally, the

 

agreement needs to be ratified without laying before Parliament a report which

 

meets the requirements of subsection (3) of that section.

 

(2)    

If a Minister determines that a free trade agreement is to be ratified without laying

 

before Parliament a report which meets the requirements of section (Report on

 

proposed free trade agreement)(3), the Minister must, as soon as practicable after

 

the agreement is ratified, lay before Parliament—

 

(a)    

a report which meets those requirements, and

 

(b)    

a statement indicating that the Minister is of the opinion mentioned in

 

subsection (1) and explaining why.”

 



 
 

Report Stage Proceedings: 17 July 2018                  

3

 

Trade Bill, continued

 
 

Secretary Liam Fox

 

Agreed to  NC14

 

To move the following Clause—

 

         

“Report to be laid with regulations under section 2(1)

 

(1)    

This section applies where a Minister of the Crown proposes to make regulations

 

under section 2(1) for the purpose of implementing a free trade agreement to

 

which the United Kingdom and another signatory (or other signatories) are

 

signatories.

 

(2)    

A draft of the statutory instrument containing the regulations may not be laid

 

before Parliament unless, at least 10 Commons sitting days before the draft is laid,

 

a Minister of the Crown has laid before Parliament a report which gives details

 

of, and explains the reasons for, any significant differences between—

 

(a)    

the trade-related provisions of the free trade agreement to which the

 

United Kingdom and the other signatory (or other signatories) are

 

signatories, and

 

(b)    

the trade-related provisions of the existing free trade agreement.

 

(3)    

Subsection (2) does not apply if, at least 10 Commons sitting days before a draft

 

of the statutory instrument containing the regulations is laid, a report in relation

 

to the agreement has been laid before Parliament under section (Report on

 

proposed free trade agreement)(3).

 

(4)    

In this section—

 

“Commons sitting day” means a day on which the House of Commons

 

begins to sit;

 

“the existing free trade agreement” means the free trade agreement to which

 

the European Union and the other signatory (or other signatories)—

 

(a)    

were signatories immediately before exit day, or

 

(b)    

where the report is laid before Parliament before exit day, are

 

signatories on the day the report is laid before Parliament;

 

the “trade-related provisions” of a free trade agreement are the provisions of

 

the agreement that mainly relate to trade.”

 



 
 

Report Stage Proceedings: 17 July 2018                  

4

 

Trade Bill, continued

 
 

Caroline Lucas

 

Kerry McCarthy

 

Hannah Bardell

 

Liz Saville Roberts

 

Kate Green

 

Mr David Lammy

Patrick Grady

Joanna Cherry

Wera Hobhouse

Tom Brake

Stephen Doughty

Helen Hayes

Ian Murray

Layla Moran

Mr Roger Godsiff

Catherine McKinnell

Jamie Stone

John Grogan

Christine Jardine

Jo Swinson

Mhairi Black

Ian Blackford

Kirsty Blackman

Deidre Brock

Alan Brown

Dr Lisa Cameron

Douglas Chapman

Ronnie Cowan

Angela Crawley

Martyn Day

Martin Docherty-Hughes

Marion Fellows

Stephen Gethins

Patricia Gibson

Peter Grant

Neil Gray

Drew Hendry

Stewart Hosie

Chris Law

David Linden

Angus Brendan MacNeil

Stuart C. McDonald

Stewart Malcolm McDonald

John McNally

Carol Monaghan

Gavin Newlands

Brendan O’Hara

Tommy Sheppard

Chris Stephens

Alison Thewliss

Dr Philippa Whitford

Pete Wishart

Catherine West

Geraint Davies

Norman Lamb

Ben Lake

Mary Creagh

 

Negatived on division  NC3

 

To move the following Clause—

 

         

“Free trade agreements: Parliamentary scrutiny and consent

 

(1)    

The Secretary of State shall not commence negotiations relating to a free trade

 

agreement unless—

 

(a)    

a Minister of the Crown has laid before Parliament a sustainability impact

 

assessment conducted by a credible body independent of government

 

following consultation with—

 

(i)    

each devolved authority,

 

(ii)    

public bodies, businesses, trade unions and non-governmental

 

organisations which, in the opinion of the Minister, have a

 

relevant interest, and

 

(iii)    

the public,

 

    

and the assessment shall include both qualitative and quantitative

 

assessments of the potential impacts of the proposed trade agreement,

 

including social, economic, environmental, gender, human rights, labour,

 

development and regional impacts,

 

(b)    

a Minister of the Crown has laid before Parliament a draft of a negotiating

 

mandate relating to the proposed trade agreement, setting out—

 

(i)    

all fields and sectors to be included in the proposed negotiations,

 

(ii)    

the principles to underpin the proposed negotiations,

 

(iii)    

any limits on the proposed negotiations, and

 

(iv)    

the desired outcomes from the proposed negotiations, and

 

(c)    

the House of Commons has approved by resolution a motion, drafted in

 

terms which permit amendment, setting out a proposed negotiating

 

mandate and authorising the Secretary of State to enter negotiations on

 

the proposed trade agreement on the basis of that mandate, and the House

 

of Lords has approved a resolution in the same terms as that approved by

 

the House of Commons.


 
 

Report Stage Proceedings: 17 July 2018                  

5

 

Trade Bill, continued

 
 

(2)    

The United Kingdom may not become a signatory to a free trade agreement

 

unless—

 

(a)    

during the course of the negotiations, the text of the trade agreement as

 

so far agreed or consolidated has been made publicly available within ten

 

working days of the close of each negotiating round,

 

(b)    

between each round of negotiations, all documents relating to the

 

negotiations have been made available for scrutiny by select committees

 

in both Houses of Parliament,

 

(c)    

upon conclusion of the negotiations, the House of Commons has

 

approved by resolution a motion, drafted in terms which permit

 

amendment, setting out the text of the trade agreement as negotiated and

 

authorising the Secretary of State to sign the proposed agreement, and the

 

House of Lords has approved a resolution in the same terms as that

 

approved by the House of Commons, and

 

(d)    

the text of the trade agreement includes provision for a review of the

 

operation and impacts of the agreement no later than ten years after the

 

day on which the agreement comes into force.”

 


 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

Mr Chris Leslie

Heidi Allen

Stephen Doughty

Matt Western

Tom Brake

Nicky Morgan

Catherine McKinnell

Paul Masterton

Dr Sarah Wollaston

Seema Malhotra

Geraint Davies

Ian Murray

 

Not called  NC6

 

To move the following Clause—

 

         

“Regulations: Parliamentary procedure

 

(1)    

If the Secretary of State considers it appropriate to proceed with the making of

 

regulations of a type which fall under section 2(4A)(a) or (b)), he or she must lay

 

before Parliament—

 

(a)    

a draft of the regulations, and

 

(b)    

an explanatory document.

 

(2)    

The explanatory document must—

 

(a)    

explain under which power or powers in this Act the provision contained

 

in the regulations is made;

 

(b)    

introduce and give reasons for the provision;

 

(c)    

identify and give reasons for—

 

(i)    

any functions of legislating conferred by the regulations; and

 

(ii)    

the procedural requirements attaching to the exercise of those

 

functions;

 

(d)    

contain a recommendation by the Secretary of State as to which of the

 

following should apply in relation to the making of regulations pursuant

 

to the draft regulations—

 

(i)    

the negative resolution procedure (see subsection (6)) or


 
 

Report Stage Proceedings: 17 July 2018                  

6

 

Trade Bill, continued

 
 

(ii)    

the affirmative resolution procedure (see subsection (7)); and

 

(e)    

give a reason for the Secretary of State’s recommendation.

 

(3)    

Where the Secretary of State’s recommendation under subsection (2)(d) is that

 

the negative resolution procedure should apply, that procedure shall apply unless,

 

within the 20-day period, either House of Parliament requires that the affirmative

 

resolution procedure shall apply, in which case that procedure shall apply.

 

(4)    

For the purposes of this paragraph a House of Parliament shall be taken to have

 

required a procedure within the 20-day period if—

 

(a)    

that House resolves within that period that that procedure shall apply; or

 

(b)    

in a case not falling within subsection (4)(a), a committee of that House

 

charged with reporting on the draft regulations has recommended within

 

that period that that procedure should apply and the House has not by

 

resolution rejected that recommendation within that period.

 

(5)    

In this section the “20-day period” means, for each House of Parliament, the

 

period of 20 days on which that House sits, beginning with the day on which the

 

draft regulations were laid before Parliament under subsection (1).

 

(6)    

For the purposes of this section, the “negative resolution procedure” in relation to

 

the making of regulations pursuant to a draft of the regulations laid under

 

subsection (1) is as follows—

 

(a)    

the Secretary of State may make regulations in the terms of the draft

 

regulations subject to the following provisions of this subsection;

 

(b)    

the Secretary of State may not make regulations in the terms of the draft

 

regulations if either House of Parliament so resolves within the 40-day

 

period;

 

(c)    

for the purposes of this paragraph regulations are made in the terms of the

 

draft regulations if they contain no material changes to the provisions of

 

the draft regulations; and

 

(d)    

in this subsection the “40-day period” means, for each House of

 

Parliament, the period of 40 days on which that House sits, beginning

 

with the day on which the draft regulations were laid before Parliament

 

under subsection (1).

 

(7)    

For the purposes of this section the “affirmative resolution procedure” in relation

 

to the making of regulations pursuant to a draft of the regulations being laid under

 

subsection (1) is as follows—

 

(a)    

the Secretary of State must have regard to—

 

(i)    

any representations;

 

(ii)    

any resolution of either House of Parliament; and

 

(iii)    

any recommendations of a committee of either House of

 

Parliament charged with reporting on the draft regulations, made

 

during the 40-day period with regard to the draft regulations;

 

(b)    

if, after the expiry of the 40-day period, the Secretary of State wishes to

 

make regulations in the terms of the draft, he must lay before Parliament

 

a statement—

 

(i)    

stating whether any representations were made under subsection

 

(7)(a)(i); and

 

(ii)    

if any representations were so made, giving details of them;

 

(c)    

the Secretary of State may after the laying of such a statement make

 

regulations in the terms of the draft if they are approved by a resolution

 

of each House of Parliament;

 

(d)    

if, after the expiry of the 40-day period, the Secretary of State wishes to

 

make regulations consisting of a version of the draft regulations with

 

material changes, he must lay before Parliament—

 

(i)    

revised draft regulations; and


 
 

Report Stage Proceedings: 17 July 2018                  

7

 

Trade Bill, continued

 
 

(ii)    

a statement giving details of—

 

(a)    

any representations made under subsection (7)(a)(i); and

 

(b)    

the revisions proposed;

 

(e)    

the Secretary of State may, after laying revised draft regulations and a

 

statement under sub-paragraph (d), make regulations in the terms of the

 

revised draft if they are approved by a resolution of each House of

 

Parliament;

 

(f)    

for the purposes of sub-paragraph (e) regulations are made in the terms

 

of the draft regulations if they contain no material changes to the

 

provisions of the draft regulations; and

 

(g)    

in this paragraph the “40-day period” has the meaning given by

 

subsection (6)(d).

 

(8)    

The provisions of this section shall apply to all agreements for which regulations

 

would be of a type which falls under section 2(4A)(a) or (b)), notwithstanding

 

that they constitute retained EU law and may be governed by the provisions of the

 

European Union (Withdrawal) Act 2018 or any other legislation with regard to

 

Parliamentary scrutiny of regulations under this Act.

 


 

Geraint Davies

 

Graham P Jones

 

Mr David Lammy

 

Mr Ben Bradshaw

 

Gareth Thomas

 

Daniel Zeichner

Ian Murray

 

Not called  NC16

 

To move the following Clause—

 

         

“Transparency in trade negotiations

 

(1)    

The Secretary of State shall not make regulations under section 2(1) of this Act

 

for the implementation of an international trade agreement (subject to sections

 

2(3) and 2(4)) unless the condition in subsection (2) of this section has been

 

complied with.

 

(2)    

The condition is that the Secretary of State has provided to Members of both

 

Houses of Parliament any information specified in subsection (3) relating to the

 

agreement, within seven days of any meeting to which subsection (3)(a) applies.

 

(3)    

The information is—

 

(a)    

minutes of any meeting, whether formal or informal, between a

 

representative of the United Kingdom and a representative of any other

 

signatory state to discuss the agreement;

 

(b)    

any points of divergence between the terms of the proposed agreement

 

between the United Kingdom and the other signatory (or each other

 

signatory) and the terms of the agreement in place before exit day

 

between the European Union and the other signatory (or each other

 

signatory), that were discussed at the meeting; and

 

(c)    

measures that the Secretary of State considers will be necessary in

 

consequence of any points of divergence under paragraph (b) of this

 

subsection.


 
Back to StartNext
 

Revised 17 July 2018