Session 2017-19
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Notices of Amendments: 5 July 2018                     

8

 

Trade Bill, continued

 
 

(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.

 


 

Jeremy Corbyn

 

Barry Gardiner

 

Keir Starmer

 

John McDonnell

 

Peter Dowd

 

Mr Nicholas Brown

 

NC8

 

To move the following Clause—

 

         

“Internal Market Negotiating Objective

 

It shall be a negotiating objective of Her Majesty’s Government to ensure the

 

United Kingdom has full access to the internal market of the European Union,

 

underpinned by shared institutions and regulations, with no new impediments to

 

trade and common rights, standards and protections as a minimum.”

 


 

Stephen Hammond

 

Mr Dominic Grieve

 

Nicky Morgan

 

Antoinette Sandbach

 

Robert Neill

 

Anna Soubry

Dame Caroline Spelman

Mr Jonathan Djanogly

Mr Kenneth Clarke

Heidi Allen

Paul Masterton

Dr Sarah Wollaston

Caroline Lucas

John Stevenson

 

NC9

 

To move the following Clause—

 

         

“UK membership of EFTA and the European Economic Area

 

(1)    

It shall be the objective of an appropriate authority to achieve before exit day the

 

implementation of an international agreement to enable the UK to become a

 

member of the European Free Trade Association and continue as a signatory to

 

the EEA Agreement.


 
 

Notices of Amendments: 5 July 2018                     

9

 

Trade Bill, continued

 
 

(2)    

“Exit day” shall have the meaning set out in section 20 of the European Union

 

(Withdrawal) Act 2018.”

 


 

Jeremy Lefroy

 

John Stevenson

 

 

NC10

 

To move the following Clause—

 

         

“UK membership of EFTA

 

(1)    

It shall be the objective of an appropriate authority to achieve before exit day the

 

implementation of an international agreement to enable the UK to become a

 

member of the European Free Trade Association.

 

(2)    

“Exit day” shall have the meaning set out in section 20 of the European Union

 

(Withdrawal) Act 2018.”

 


 

Gareth Snell

 

Lucy Powell

 

Stella Creasy

 

Stephen Doughty

 

Gareth Thomas

 

Mr Chris Leslie

Luciana Berger

Mike Gapes

Dame Louise Ellman

Alex Sobel

Anna Turley

Jim McMahon

Mr Adrian Bailey

Meg Hillier

Tracy Brabin

Lloyd Russell-Moyle

Alex Norris

Chris Evans

Geraint Davies

Mr Gavin Shuker

 

NC11

 

To move the following Clause—

 

         

“Assessment of slavery or servitude

 

The Secretary of State shall, before concluding negotiations relating to an

 

international trade agreement, make an assessment of the steps taken by the other

 

signatory to the agreement (or each other signatory) to prevent and punish activity

 

which, if undertaken in England or Wales, would constitute an offence under

 

section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or

 

compulsory labour).”

 

 



 
 

Notices of Amendments: 5 July 2018                     

10

 

Trade Bill, continued

 
 

Stewart Hosie

 

Kirsty Blackman

 

Ian Blackford

 

Jonathan Edwards

 

Caroline Lucas

 

Stephen Gethins

Stewart Malcolm McDonald

Peter Grant

Drew Hendry

Joanna Cherry

Neil Gray

Carol Monaghan

Alison Thewliss

Dr Philippa Whitford

Angela Crawley

Mhairi Black

Alan Brown

Chris Law

Hannah Bardell

Deidre Brock

Stuart C. McDonald

Tommy Sheppard

Gavin Newlands

Pete Wishart

Patrick Grady

 

25

 

Parliamentary Star - white    

Clause  1,  page  1,  line  15,  at end insert—

 

“(1A)    

No regulations may be made under this subsection 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.

 

(1B)    

No regulations may be made under this subsection 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 and Amendment 26 seek to ensure that regulations cannot be made without

 

consent from devolved Ministers.

 


 

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: 5 July 2018                     

11

 

Trade Bill, continued

 
 

Mr Jonathan Djanogly

 

Mr Dominic Grieve

 

Anna Soubry

 

Antoinette Sandbach

 

Robert Neill

 

Stephen Hammond

Mr Chris Leslie

Heidi Allen

Stephen Doughty

Nicky Morgan

Catherine McKinnell

Paul Masterton

Dr Sarah Wollaston

 

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

Nicky Morgan

Catherine McKinnell

Paul Masterton

Dr Sarah Wollaston

 

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

 

Hannah Bardell

Martyn Day

 

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,


 
 

Notices of Amendments: 5 July 2018                     

12

 

Trade Bill, continued

 
 

(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,

 

(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

Nicky Morgan

Paul Masterton

Dr Sarah Wollaston

Heidi Allen

 

8

 

Clause  2,  page  2,  line  29,  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: 5 July 2018                     

13

 

Trade Bill, continued

 
 

Gareth Snell

 

Lucy Powell

 

Stella Creasy

 

Stephen Doughty

 

Gareth Thomas

 

Mr Chris Leslie

Luciana Berger

Mike Gapes

Dame Louise Ellman

Alex Sobel

Anna Turley

Jim McMahon

Mr Adrian Bailey

Meg Hillier

Tracy Brabin

 

24

 

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 Secretary of State has

 

made an assessment under section (Assessment of slavery or servitude) in respect

 

of that agreement.”

 

Stephen Hammond

 

Mr Dominic Grieve

 

Nicky Morgan

 

Antoinette Sandbach

 

Robert Neill

 

Anna Soubry

Dame Caroline Spelman

Mr Jonathan Djanogly

Mr Kenneth Clarke

Heidi Allen

Paul Masterton

Dr Sarah Wollaston

John Stevenson

Caroline Lucas

 

20

 

Clause  2,  page  2,  line  40,  at end insert “and shall include any agreement to which

 

the UK is party by virtue of membership of a free trade association, including the

 

European Free Trade Association”.

 

Member’s explanatory statement

 

This amendment would make it clear that the implementation powers under the Act would apply

 

equally to implementation of any free trade agreement to which the UK is party through EFTA.

 

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.


 
 

Notices of Amendments: 5 July 2018                     

14

 

Trade Bill, continued

 
 

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.

 

Stewart Hosie

 

Kirsty Blackman

 

Ian Blackford

 

Jonathan Edwards

 

Caroline Lucas

 

Stephen Gethins

Stewart Malcolm McDonald

Peter Grant

Drew Hendry

Joanna Cherry

Neil Gray

Carol Monaghan

Alison Thewliss

Dr Philippa Whitford

Angela Crawley

Mhairi Black

Alan Brown

Chris Law

Hannah Bardell

Deidre Brock

Stuart C. McDonald

Tommy Sheppard

Gavin Newlands

Pete Wishart

Patrick Grady

 

26

 

Parliamentary Star - white    

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

 

See explanatory statement for Amendment 25.


 
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Revised 05 July 2018