Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 10 July 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: 31 to 79, NC12 to NC14 and NS1

 

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withdrawn amendments at the end.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.

 


 

Secretary Liam Fox

 

NC12

 

Parliamentary Star    

To move the following Clause—

 

         

“Report on proposed free trade agreement

 

(1)    

This section applies (subject to subsection (2)) where the United Kingdom has

 

authenticated a free trade agreement (“the proposed agreement”), if—

 

(a)    

the other party (or each other party) and the European Union were

 

signatories to a free trade agreement immediately before exit day, or

 

(b)    

where the proposed agreement is authenticated by the United Kingdom

 

before exit day, the other party (or each other party) and the European

 

Union are signatories to a free trade agreement on the day the proposed

 

agreement is authenticated by the United Kingdom.

 

(2)    

This section applies only if the proposed agreement is not binding on the United

 

Kingdom as a matter of international law unless it is ratified by the United

 

Kingdom.


 
 

Notices of Amendments: 10 July 2018                     

2

 

Trade Bill, continued

 
 

(3)    

Before the United Kingdom ratifies the proposed agreement, a Minister of the

 

Crown must lay before Parliament a report which gives details of, and explains

 

the reasons for, any significant differences between—

 

(a)    

the trade-related provisions of the proposed agreement, and

 

(b)    

the trade-related provisions of the existing free trade agreement.

 

(4)    

Subsection (3) does not apply if a report in relation to the proposed agreement has

 

been laid before Parliament under section (Report to be laid with regulations

 

under section 2(1))(2).

 

(5)    

The duty imposed by subsection (3) applies only at a time when regulations may

 

be made under section 2(1) (see section 2(8)).

 

(6)    

In this section a reference to authenticating a free trade agreement is a reference

 

to doing an act which establishes the text of the agreement as authentic and

 

definitive as a matter of international law.

 

(7)    

In this section—

 

“the existing free trade agreement” means the free trade agreement referred

 

to in subsection (1)(a) or (b);

 

the “trade-related provisions” of a free trade agreement are the provisions of

 

the agreement that mainly relate to trade.”

 

Member’s explanatory statement

 

This new clause requires a Minister to lay a report before Parliament before the UK ratifies a new

 

free trade agreement with a country that (before exit day) had a free trade agreement with the EU.

 

The report must explain any significant differences between the proposed new agreement and the

 

existing agreement with the EU. The duty to lay a report does not apply if a report on the

 

agreement has already been laid under the new clause in amendment NC14. In addition,

 

amendment NC13 provides that the reporting requirement does not apply if a Minister takes the

 

view that, exceptionally, the agreement should be ratified without the reporting requirement being

 

met.

 


 

Secretary Liam Fox

 

NC13

 

Parliamentary Star    

To move the following Clause—

 

         

“Reporting requirement not to apply in exceptional cases

 

(1)    

Section (Report on proposed free trade agreement) does not apply to a free trade

 

agreement if a Minister of the Crown is of the opinion that, exceptionally, the

 

agreement needs to be ratified without laying before Parliament a report which

 

meets the requirements of subsection (3) of that section.

 

(2)    

If a Minister determines that a free trade agreement is to be ratified without laying

 

before Parliament a report which meets the requirements of section (Report on

 

proposed free trade agreement)(3), the Minister must, as soon as practicable after

 

the agreement is ratified, lay before Parliament—

 

(a)    

a report which meets those requirements, and

 

(b)    

a statement indicating that the Minister is of the opinion mentioned in

 

subsection (1) and explaining why.”

 

Member’s explanatory statement

 

See Member’s explanatory statement for NC12.

 



 
 

Notices of Amendments: 10 July 2018                     

3

 

Trade Bill, continued

 
 

Secretary Liam Fox

 

NC14

 

Parliamentary Star    

To move the following Clause—

 

         

“Report to be laid with regulations under section 2(1)

 

(1)    

This section applies where a Minister of the Crown proposes to make regulations

 

under section 2(1) for the purpose of implementing a free trade agreement to

 

which the United Kingdom and another signatory (or other signatories) are

 

signatories.

 

(2)    

A draft of the statutory instrument containing the regulations may not be laid

 

before Parliament unless, at least 10 Commons sitting days before the draft is laid,

 

a Minister of the Crown has laid before Parliament a report which gives details

 

of, and explains the reasons for, any significant differences between—

 

(a)    

the trade-related provisions of the free trade agreement to which the

 

United Kingdom and the other signatory (or other signatories) are

 

signatories, and

 

(b)    

the trade-related provisions of the existing free trade agreement.

 

(3)    

Subsection (2) does not apply if, at least 10 Commons sitting days before a draft

 

of the statutory instrument containing the regulations is laid, a report in relation

 

to the agreement has been laid before Parliament under section (Report on

 

proposed free trade agreement)(3).

 

(4)    

In this section—

 

“Commons sitting day” means a day on which the House of Commons

 

begins to sit;

 

“the existing free trade agreement” means the free trade agreement to which

 

the European Union and the other signatory (or other signatories)—

 

(a)    

were signatories immediately before exit day, or

 

(b)    

where the report is laid before Parliament before exit day, are

 

signatories on the day the report is laid before Parliament;

 

the “trade-related provisions” of a free trade agreement are the provisions of

 

the agreement that mainly relate to trade.”

 

Member’s explanatory statement

 

This new clause requires a Minister to lay a report before Parliament at least 10 Commons sitting

 

days before regulations implementing a new free trade agreement are laid in draft under clause

 

2(1). The report is required to explain any significant differences between the new agreement and

 

the existing agreement with the EU. The duty to lay a report does not apply if a report on the

 

agreement has already been laid under NC12.

 



 
 

Notices of Amendments: 10 July 2018                     

4

 

Trade Bill, continued

 
 

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

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

Anna Turley

Dame 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

Matt Western

Martyn Day

 

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 20 of the European Union

 

(Withdrawal) Act 2018.”

 


 

Wera Hobhouse

 

Caroline Lucas

 

Layla Moran

 

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.


 
 

Notices of Amendments: 10 July 2018                     

5

 

Trade Bill, continued

 
 

(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.”

 


 

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

Ian Murray

Layla Moran

Mr Roger Godsiff

Catherine McKinnell

Jamie Stone

John Grogan

Christine Jardine

Jo Swinson

Mhairi Black

Ian Blackford

Kirsty Blackman

Deidre Brock

Alan Brown

Dr Lisa Cameron

Douglas Chapman

Ronnie Cowan

Angela Crawley

Martyn Day

Martin Docherty-Hughes

Marion Fellows

Stephen Gethins

Patricia Gibson

Peter Grant

Neil Gray

Drew Hendry

Stewart Hosie

Chris Law

David Linden

Angus Brendan MacNeil

Stuart C. McDonald

Stewart Malcolm McDonald

John McNally

Carol Monaghan

Gavin Newlands

Brendan O’Hara

Tommy Sheppard

Chris Stephens

Alison Thewliss

Dr Philippa Whitford

Pete Wishart

Catherine West

Geraint Davies

Norman Lamb

Ben Lake

 

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,


 
 

Notices of Amendments: 10 July 2018                     

6

 

Trade Bill, continued

 
 

(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

 

(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.

 



 
 

Notices of Amendments: 10 July 2018                     

7

 

Trade Bill, continued

 
 

Jeremy Corbyn

 

Barry Gardiner

 

Mr Nicholas Brown

 

Christina Rees

 

Lesley Laird

 

Owen Smith

Bill Esterson

Judith Cummins

Stephanie Peacock

Ian Murray

David Hanson

 

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

 

(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.

 



 
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Revised 10 July 2018