Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 25 January 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Public Bill Committee


 

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withdrawn amendments at the end.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 Order of the Committee [23 January].

 


 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

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

 

(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.


 
 

Notices of Amendments: 25 January 2018                  

2

 

Trade Bill, continued

 
 

(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.”

 

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

 

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


 
 

Notices of Amendments: 25 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.”

 

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.

 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

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.”

 

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

 

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—


 
 

Notices of Amendments: 25 January 2018                  

4

 

Trade Bill, continued

 
 

(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;

 

(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

 

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.


 
 

Notices of Amendments: 25 January 2018                  

5

 

Trade Bill, continued

 
 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

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).”

 

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).

 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

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

 

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.”

 

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

 

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.”

 

Member’s explanatory statement

 

This would make the sunset clause governing section 2(1) non-renewable.


 
 

Notices of Amendments: 25 January 2018                  

6

 

Trade Bill, continued

 
 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

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.”

 

Member’s explanatory statement

 

This would make the sunset clause governing section 2(1) renewable once only.

 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

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.”

 

Member’s explanatory statement

 

This amendment would ensure that there must be consultation with the Scottish Ministers or Welsh

 

Ministers before any extension of the powers in Clause 2.

 


 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

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.”

 

Member’s explanatory statement

 

This amendment would give the Scottish and Welsh Ministers power, by regulation, to amend

 

direct EU legislation that forms part of domestic law on and after exit day in devolved areas.


 
 

Notices of Amendments: 25 January 2018                  

7

 

Trade Bill, continued

 
 

Hannah Bardell

 

Alan Brown

 

Kirsty Blackman

 

Patrick Grady

 

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.”

 

Member’s explanatory statement

 

This amendment would replace the requirement for the Scottish and Welsh Ministers to obtain the

 

consent of the UK Government when acting alone under section 1(1) or 2(1) with the need to

 

consult before making such regulations.

 


 

Barry Gardiner

 

Nick Smith

 

Bill Esterson

 

Judith Cummins

 

Anna McMorrin

 

Faisal Rashid

Matt Western

 

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.”

 

Member’s explanatory statement

 

This would require regulations implementing the Agreement on Government Procurement to be

 

subject to the affirmative resolution procedure.


 
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Revised 25 January 2018