1

House of Commons

Notices of Amendments

given up to and including

Friday 2 March 2018

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

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withdrawn amendments at the end.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: 2 March 2018                     

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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: 2 March 2018                     

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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: 2 March 2018                     

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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.

Notices of Amendments: 2 March 2018                     

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Trade Bill, continued

(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

(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.”

Notices of Amendments: 2 March 2018                     

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Trade Bill, continued

Mr Jonathan Djanogly

Mr Dominic Grieve

Anna Soubry

Antoinette Sandbach

Robert Neill

Stephen Hammond

Mr Chris Leslie

Heidi Allen

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

(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;

Notices of Amendments: 2 March 2018                     

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Trade Bill, continued

(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

(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