Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 28 February 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

 

Amendments tabled since the last publication: 6 to 10 and NC6

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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 the

 

order in which they relate to the Bill.

 

 


 

Anna Soubry

 

Mr Kenneth Clarke

 

Mr Chris Leslie

 

Kate Green

 

Rushanara Ali

 

Chuka Umunna

 

Mr Ben Bradshaw

 

Stephen Doughty

 

Wes Streeting

 

Caroline Lucas

 

Mr David Lammy

 

Wera Hobhouse

 

Heidi Alexander

 

Ian Murray

 

Liz Kendall

 

Gareth Thomas

 

Martin Whitfield

 

Maria Eagle

 

Ruth Cadbury

 

Darren Jones

 

Alison McGovern

 

Tulip Siddiq

 

Stella Creasy

 

Angela Smith

 

Ann Coffey

 

Peter Kyle

 

Phil Wilson

 

Seema Malhotra

 

Mike Gapes

 

Stephen Kinnock

 

Geraint Davies

 

Stephen Timms

 

Mrs Madeleine Moon

 

Neil Coyle

 

Mary Creagh

 

Catherine McKinnell


 
 

Notices of Amendments: 28 February 2018                  

2

 

Trade Bill, continued

 
 

Anna Turley

 

Mrs Louise Ellman

 

Tom Brake

 

Kerry McCarthy

 

Daniel Zeichner

 

Dame Margaret Hodge

 

Catherine West

 

Luciana Berger

 

Liz Saville Roberts

 

Hywel Williams

 

Ben Lake

 

Jonathan Edwards

 

Mr Dominic Grieve

 

Antoinette Sandbach

 

Mr Jonathan Djanogly

 

Tim Farron

 

Jo Swinson

 

Robert Neill

 

Joanna Cherry

 

Jamie Stone

 

Dr Rupa Huq

 

Layla Moran

 

Helen Hayes

 

Susan Elan Jones

 

Dr Paul Williams

 

NC1

 

To move the following Clause—

 

         

“EU customs union

 

(1)    

It shall be the objective of an appropriate authority to take all necessary steps to

 

implement an international trade agreement which enables the UK to participate

 

after exit day in a customs union with the EU in the same terms as existed before

 

exit day.

 

(2)    

Exit day shall have the meaning set out in section 14 of the European Union

 

(Withdrawal) Act 2018.”

 


 

Wera Hobhouse

 

NC2

 

To move the following Clause—

 

         

“Review of the impact on the UK economy

 

(1)    

Before the end of the initial five year period, the Secretary of State must publish

 

and lay before both Houses of Parliament an assessment of the impact of all

 

international trade agreements implemented under section 2 of this Act on—

 

(a)    

the economy of the United Kingdom,

 

(b)    

the economy of the different parts of the United Kingdom and different

 

regions of England, and

 

(c)    

individual economic sectors.

 

(2)    

The assessment in subsection (1) must so far as practicable analyse the expected

 

difference in outcomes between the international trade agreements implemented

 

under section 2 of this Act and those international trade agreements to which the

 

United Kingdom would have been a signatory had it continued to participate in

 

the EU Customs Union.

 

(3)    

In this section—

 

 “the initial five year period” has the same meaning as in section 2(8)(a),

 

“parts of the United Kingdom” means—

 

(a)    

England,

 

(b)    

Scotland,

 

(c)    

Wales, and

 

(d)    

Northern Ireland

 

 “regions of England” has the same meaning as that used by the Office for

 

National Statistics.”

 



 
 

Notices of Amendments: 28 February 2018                  

3

 

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

 

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.

 

(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


 
 

Notices of Amendments: 28 February 2018                  

4

 

Trade Bill, continued

 
 

(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.”

 

Member’s explanatory statement

 

This new clause would ensure that all new free trade agreements are subject to parliamentary

 

scrutiny and consent.

 


 

Jeremy Corbyn

 

Barry Gardiner

 

Mr Nicholas Brown

 

Christina Rees

 

Lesley Laird

 

Owen Smith

 

Bill Esterson

 

Judith Cummins

 

Stephanie Peacock

 

NC4

 

To move the following Clause—

 

         

“Convention about Parliament legislating on devolved matters

 

(1)    

Regulations made under section 1(1) by a Minister of the Crown, may not

 

normally make provision which would be within the devolved competence of a

 

devolved authority unless—

 

(a)    

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), the Scottish Ministers consent, or

 

(b)    

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), the Welsh Ministers consent, or

 

(c)    

so far as they contain provision which would be within the devolved

 

competence of a Northern Ireland department (within the meaning of

 

paragraph 9 of Schedule 1), unless the Northern Ireland department has

 

given consent.

 

(2)    

Regulations made under section 2(1) by a Minister of the Crown, may not

 

normally make provision which would be within the devolved competence of a

 

devolved authority unless—

 

(a)    

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), the Scottish Ministers consent, or

 

(b)    

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), the Welsh Ministers consent, or

 

(c)    

so far as they contain provision which would be within the devolved

 

competence of a Northern Ireland department (within the meaning given

 

in paragraph 9 of Schedule 1), unless the Northern Ireland department

 

has given consent.

 

(3)    

This paragraph does not apply to regulations made by the Secretary of State

 

under—

 

(a)    

section 35 or 58 of the Scotland Act 1998 (as amended),

 

(b)    

section 82 or 114 of the Government of Wales Act 2006 (as amended), or


 
 

Notices of Amendments: 28 February 2018                  

5

 

Trade Bill, continued

 
 

(c)    

section 25 or 26 of the Northern Ireland Act 1998 (as amended).”

 

Member’s explanatory statement

 

This new clause would ensure that regulations made by a Minister of the Crown within devolved

 

competence require the consent of Ministers in devolved authorities in accordance with the

 

convention about Parliament legislating on devolved matters while making clear that this does not

 

alter the current powers of Ministers of the Crown in respect of international agreements.

 


 

Anna Soubry

 

Chuka Umunna

 

Nicky Morgan

 

Dr Sarah Wollaston

 

Mr Jonathan Djanogly

 

Stephen Hammond

 

Jo Swinson

 

Heidi Allen

 

Jeremy Lefroy

 

Mr Chris Leslie

 

Stephen Doughty

 

Robert Neill

 

Stephen Kinnock

 

Kerry McCarthy

 

Tulip Siddiq

 

Dame Margaret Hodge

 

Dr Rupa Huq

 

Mr Kenneth Clarke

 

Antoinette Sandbach

 

Helen Hayes

 

Susan Elan Jones

 

NC5

 

To move the following Clause—

 

         

“Implementation of a customs union with the EU

 

(1)    

It shall be the objective of an appropriate authority to take all necessary steps to

 

implement an international trade agreement which enables the UK to participate

 

after exit day in a customs union with the EU.

 

(2)    

Exit day shall have the meaning set out in section 14 of the European Union

 

(Withdrawal) Act 2018.”

 


 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

 

NC6

 

Parliamentary Star    

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;


 
 

Notices of Amendments: 28 February 2018                  

6

 

Trade Bill, continued

 
 

(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

 

(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;


 
 

Notices of Amendments: 28 February 2018                  

7

 

Trade Bill, continued

 
 

(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

 

(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.

 

Member’s explanatory statement

 

This new clause would set up a triage and scrutiny system under the control of Parliament for

 

determining how Orders under Clause 2 will be dealt with, in circumstances when the new UK

 

FTA or international trade agreement is not in the same terms as the existing EU FTA or

 

international trade agreement.

 

 


 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

 

6

 

Parliamentary Star    

Clause  2,  page  2,  line  20,  at end insert “, and

 

    

the free trade agreement in respect of which regulations are to be made makes the

 

same provision, subject only to necessary changes in terminology, as a free trade

 

agreement referred to in subsection (3)(a) or (b)”.

 

Member’s explanatory statement

 

This amendment would provide that the Henry VIII provisions in Clause 2 may only be used when

 

a new UK free trade agreement is in the same terms as an existing EU free trade agreement.


 
Back to StartNext
 

Revised 28 February 2018