Session 2017-19
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Notices of Amendments: 29 March 2018                  

8

 

Trade Bill, continued

 
 

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

 

international trade agreement.

 


 

Tom Brake

 

Layla Moran

 

NC7

 

To move the following Clause—

 

         

“Trade status of Gibraltar

 

(1)    

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

 

implement international trade agreements which, after exit day—

 

(a)    

preserve the existing arrangements between Gibraltar and the EU on

 

frontier workers,

 

(b)    

grant Gibraltar continued market access for goods and services into the

 

United Kingdom in the same terms as existed before exit day, and

 

(c)    

grant Gibraltar continued market access for goods and services into the

 

European Union in the same terms as existed before exit day.

 

(2)    

The United Kingdom may not become a signatory to an international trade

 

agreement unless—

 

(a)    

the Secretary of State has certified it as an agreement to which the

 

Government of Gibraltar has given its consent,

 

(b)    

the agreement does not extend to Gibraltar and the Government of

 

Gibraltar has not requested that the agreement extend to Gibraltar, or

 

(c)    

the agreement does not extend to Gibraltar and the Secretary of State has

 

laid a statement before Parliament explaining why the request of the

 

Government of Gibraltar that the agreement extend to Gibraltar has been

 

refused.

 

(3)    

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

 

(Withdrawal Act) 2018.”

 

 


 

Mr Chris Leslie

 

Matt Western

 

11

 

Clause  2,  page  2,  line  12,  at end insert—

 

    

“or (c) a regulatory cooperation agreement.”

 

Member’s explanatory statement

 

This amendment would ensure that HM Government is able to efficiently replicate existing

 

regulatory cooperation agreements that may be required for continuity of business arrangements

 

if the UK exits the European Union.


 
 

Notices of Amendments: 29 March 2018                  

9

 

Trade Bill, continued

 
 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

Mr Chris Leslie

Heidi Allen

Stephen Doughty

 

6

 

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.

 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

Mr Chris Leslie

Heidi Allen

Stephen Doughty

 

7

 

Clause  2,  page  2,  line  29,  at end insert “, and

 

    

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

 

makes the same provision, subject only to necessary changes in terminology, as

 

an international trade agreement referred to in subsection (4)(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 international trade agreement is in the same terms as an existing EU international trade

 

agreement.

 

Wera Hobhouse

 

Tim Farron

 

Jamie Stone

 

Layla Moran

 

Caroline Lucas

 

3

 

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:

 

(a)    

the provisions of that international trade agreement do not conflict with,

 

and are consistent with—

 

(i)    

the provisions of the Sustainable Development Goals adopted by

 

the United Nations General Assembly on 25 September 2015,

 

(ii)    

international human rights law and international humanitarian

 

law,

 

(iii)    

the United Kingdom’s obligations on workers’ rights and labour

 

standards as established by but not limited to the commitments

 

under the International Labour Organisation’s Declaration on

 

Fundamental Rights at Work and its Follow-up Conventions,


 
 

Notices of Amendments: 29 March 2018                  

10

 

Trade Bill, continued

 
 

(iv)    

the United Kingdom’s environmental obligations in

 

international law and as established by, but not limited to, the

 

Paris Agreement adopted under the United Nations Framework

 

Convention on Climate Change, the Convention on International

 

Trade in Endangered Species of Wild Fauna and Flora (CITES),

 

and the Convention on Biological Diversity, including the

 

Cartagena Protocol on Biosafety,

 

(v)    

existing standards for food safety and quality as set and

 

administered by the Department of Health, the Food Standards

 

Agency and any other public authority specified in regulations

 

made by the Secretary of State,

 

(vi)    

the United Kingdom’s obligations as established by the

 

Convention on the Elimination of All Forms of Discrimination

 

Against Women and by the Convention on the Rights of the

 

Child, and

 

(vii)    

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

 

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

 

(b)    

the provisions of that international trade agreement do not in any way

 

restrict the ability to determine whether public services at a national or

 

local level are delivered by public sector employees, and

 

(c)    

the Secretary of State has laid before Parliament an assessment that

 

considers the potential economic, social, human rights and

 

environmental impacts of the international trade agreement on the

 

contracting parties.”

 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

Mr Chris Leslie

Stephen Doughty

 

8

 

Clause  2,  page  2,  line  30,  at end insert—

 

“(4A)    

In circumstances where—

 

(a)    

a free trade agreement in respect of which regulations are to be made does

 

not make the same provision, subject only to necessary changes in

 

terminology, as a free trade agreement referred to in subsection (3)(a) or

 

(b); or

 

(b)    

an international trade agreement in respect of which regulations are to be

 

made does not make the same provision, subject only to necessary

 

changes in terminology, as an international trade agreement referred to in

 

subsection (4)(a) or (b);

 

    

an appropriate authority must not make regulations under subsection (1) unless

 

the requirements of section [Regulations: Parliamentary procedure] have been

 

met.”


 
 

Notices of Amendments: 29 March 2018                  

11

 

Trade Bill, continued

 
 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Barry Gardiner

 

Bill Esterson

 

Judith Cummins

 

5

 

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

 

“(7A)    

No regulations made under subsection (1) shall preclude the United Kingdom

 

from participating in a customs union with the European Union following exit

 

day.”

 

Member’s explanatory statement

 

This amendment allows for the implementation of international trade agreements while leaving

 

open the possibility of negotiating a customs union with the EU.

 

Barry Gardiner

 

Bill Esterson

 

Judith Cummins

 

Stephanie Peacock

 

19

 

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

 

“(7A)    

 

(a)    

No regulations may be made under subsection (1) in respect of a free

 

trade agreement unless the text of that agreement has been subject to

 

consultation prior to its ratification by Parliament, in line with any

 

guidance or code of practice on consultations issued by Her Majesty’s

 

Government.

 

(b)    

A consultation under paragraph (a) shall actively seek the views of—

 

(i)    

Scottish Ministers,

 

(ii)    

Welsh Ministers,

 

(iii)    

a Northern Ireland department,

 

(iv)    

representatives of businesses and trade unions in sectors which,

 

in the opinion of the Secretary of State, are likely to be affected

 

by the proposed free trade agreement, and

 

(v)    

any other person or organisation which appears to the Secretary

 

of State to be representative of interests affected by the proposed

 

free trade agreement, including local authorities.”

 

Member’s explanatory statement

 

This amendment would require the Government to have published the text of each UK free trade

 

agreement and opened it to consultation with business, trade unions, the devolved administrations

 

and other parties prior to its ratification.

 


 

Mr Chris Leslie

 

Caroline Lucas

 

Tom Brake

 

1

 

Clause  6,  page  4,  line  10,  at end insert—

 

“(aa)    

the conduct of trade within a customs union within the meaning of

 

section 31 of the Taxation (Cross-border Trade) Act 2018,”

 



 
 

Notices of Amendments: 29 March 2018                  

12

 

Trade Bill, continued

 
 

Wera Hobhouse

 

Tim Farron

 

Jamie Stone

 

Layla Moran

 

4

 

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

 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

Mr Chris Leslie

Stephen Doughty

 

9

 

Schedule  2,  page  12,  line  5,  after “2(1)” insert “(unless the regulations are of a type

 

which fall under section 2(4A)(a) or (b))”

 

Member’s explanatory statement

 

This amendment is consequential on NC6.

 

Wera Hobhouse

 

Tim Farron

 

Jamie Stone

 

Layla Moran

 

2

 

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.”

 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

Mr Chris Leslie

Stephen Doughty

 

10

 

Schedule  2,  page  12,  line  20,  at end insert “(unless the regulations are of a type

 

which fall under section 2(4A)(a) or (b))”

 

Member’s explanatory statement

 

This amendment is consequential on NC6.

 



 
 

Notices of Amendments: 29 March 2018                  

13

 

Trade Bill, continued

 
 

Mr Chris Leslie

 

Matt Western

 

Caroline Lucas

 

12

 

Schedule  4,  page  14,  line  34,  at end insert—

 

    

“with the consent of the International Trade Committee of the House of

 

Commons,”

 

Member’s explanatory statement

 

This amendment would give the International Trade Select Committee scrutiny and consent

 

powers for the appointment of Chairs of the Trade Remedies Authority.

 

Mr Chris Leslie

 

Matt Western

 

Caroline Lucas

 

13

 

Schedule  4,  page  14,  line  35,  at end insert—

 

    

“with the consent of the International Trade Committee of the House of

 

Commons,”

 

Member’s explanatory statement

 

This amendment would give the International Trade Select Committee scrutiny and consent

 

powers for the appointment of other non-executive members of the Trade Remedies Authority.

 

Mr Chris Leslie

 

Matt Western

 

Caroline Lucas

 

14

 

Schedule  4,  page  14,  line  37,  after “Secretary of State” insert—

 

    

“, and with the consent of the International Trade Committee of the House of

 

Commons,”

 

Member’s explanatory statement

 

This amendment would give the International Trade Select Committee scrutiny and consent

 

powers for the appointment of the chief executive of the Trade Remedies Authority.

 

Mr Chris Leslie

 

Matt Western

 

Caroline Lucas

 

15

 

Schedule  4,  page  14,  line  38,  after “Secretary of State” insert—

 

    

“with the consent of the International Trade Committee of the House of

 

Commons,”

 

Member’s explanatory statement

 

This amendment would give the International Trade Select Committee scrutiny and consent

 

powers for the appointment of the inaugural chief executive of the Trade Remedies Authority.

 

Mr Chris Leslie

 

Matt Western

 

Caroline Lucas

 

16

 

Schedule  4,  page  15,  line  12,  at end insert—

 

“4A      

It must be publicly disclosed if any candidate for appointment as a non-

 

executive member of the TRA has, in the last five years, been employed by a

 

political party, held a significant office in a political party, has stood as a

 

candidate for a political party in an election, has publicly spoken on behalf of


 
 

Notices of Amendments: 29 March 2018                  

14

 

Trade Bill, continued

 
 

a political party, or has made significant donations or loans to a political

 

party.”

 

Member’s explanatory statement

 

This amendment would require candidates for appointment as non-executive members of the TRA

 

to disclose political activity, consistent with guidelines set out in the Cabinet Office Governance

 

Code on Public Appointments.

 

Mr Chris Leslie

 

Matt Western

 

Caroline Lucas

 

17

 

Schedule  4,  page  15,  line  16,  at end insert—

 

“5A      

It must be publicly disclosed if any candidate for appointment as an executive

 

member of the TRA has, in the last five years, been employed by a political

 

party, held a significant office in a political party, has stood as a candidate for

 

a political party in an election, has publicly spoken on behalf of a political

 

party, or has made significant donations or loans to a political party.”

 

Member’s explanatory statement

 

This amendment would require candidates for appointment as executive members of the TRA to

 

disclose political activity, consistent with guidelines set out in the Cabinet Office Governance

 

Code on Public Appointments.

 

Mr Chris Leslie

 

Matt Western

 

Caroline Lucas

 

18

 

Schedule  4,  page  15,  line  31,  at end insert—

 

“11      

A member of the TRA, whether executive or non-executive, shall not actively

 

engage  in any business, vocation or employment which may give rise to a

 

potential conflict  of interest, for the duration of their service on the TRA.”

 

Member’s explanatory statement

 

This amendment would militate against conflicts of interest by precluding TRA members from

 

engaging in any commercial activity for the duration of their time on the TRA.

 

 

Order of the House [9 January 2018, As Amended 17 January 2018]

 

That the following provisions shall apply to the Trade Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 1 February 2018.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.


 
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Revised 29 March 2018