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House of Commons

Tuesday 16 January 2018

Consideration of Bill (Report Stage)

New Amendments handed in are marked thus

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

European Union (Withdrawal) Bill, As

Amended

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in

accordance with the European Union (Withdrawal) Bill Programme (No. 2) Motion

to be proposed by Secretary David Davis.

AMENDMENTS TO CLAUSES 1 TO 5; AMENDMENTS TO SCHEDULE 1; AMENDMENTS TO

CLAUSE 6; NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF CLAUSES 1 TO 6

OR SCHEDULE 1

AMENDMENTS TO CLAUSES 1 TO 5

Kerry McCarthy

Caroline Lucas

Mary Creagh

Darren Jones

Stephen Doughty

Ian Murray

Paul Farrelly

Mr David Lammy

Mike Gapes

57

Page  2,  line  42,  leave out Clause 4

Member’s explanatory statement

This amendment is linked to NC19, which would aim to preserve, more comprehensively than the

existing Clause 4, rights, powers, liabilities, obligations, restrictions, remedies and procedures

derived from EU law and incorporated into domestic law via the European Communities Act 1972.

Consideration of Bill (Report Stage): 16 January 2018      

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European Union (Withdrawal) Bill, continued

Jeremy Corbyn

Mr Nicholas Brown

Keir Starmer

Jenny Chapman

Matthew Pennycook

Paul Blomfield

Stephen Kinnock

Ian Murray

Seema Malhotra

Helen Hayes

Paul Farrelly

Stella Creasy

Mr David Lammy

Mike Gapes

Richard Burden

4

Clause  5,  page  3,  line  23,  leave out subsections (4) and (5) and insert—

“(4)    

Notwithstanding subsection (5), the Charter of Fundamental Rights continues to

apply to retained EU law after exit day save as set out in subsections (5) and (5A)

below and all references in the Charter to “the law of the Union” shall be deleted

and replaced with “retained EU law”.

(5)    

The following provisions of the Charter shall not apply after exit day—

(a)    

the Preamble, and

(b)    

Title V.

(5A)    

Article 47 of the Charter shall apply after exit day as if it was drafted as follows—

“Right to a fair trial

“Everyone whose rights and freedoms guaranteed by retained EU law are

violated is entitled to a fair and public hearing within a reasonable time

by an independent and impartial tribunal previously established by law.

Everyone shall have the possibility of being advised, defended and

represented.

“Legal aid shall be made available to those who lack sufficient resources

insofar as such aid is necessary to ensure effective access to justice.”

(5B)    

With effect from exit day EU retained law, so far as it is possible to do so, must

be interpreted consistently with the Charter.

(5C)    

With effect from exit day decisions, judgments, advisory opinions of the Court of

Justice of the European Union must be taken into account when determining

cases under the Charter.

(5D)    

With effect from exit day in relation to the rights conferred by the Charter with

respect to retained EU law—

(a)    

section 4 of the Human Rights Act 1998 shall apply and the words “a

Convention right” shall be replaced by “a Charter right” and all

references to “primary legislation” shall be replaced by “retained EU

law”,

(b)    

section 5 of the Human Rights Act 1998 shall apply,

(c)    

section 12 of the Human Rights Act 1998 shall apply and the words “the

Convention right to freedom of expression” shall be replaced by “the

Charter right to freedom of expression and information”, and

(d)    

section 13 of the Human Rights Act 1998 shall apply and the words “the

Convention right to freedom of thought, conscience and religion” shall

be replaced by “the Charter right to freedom of thought, conscience and

religion”.

(5E)    

With effect from exit day, any derogation or reservation made under sections 14

or 15 of the Human Rights Act 1998 shall apply to rights under the Charter in the

same manner as they apply to Convention rights.

Consideration of Bill (Report Stage): 16 January 2018      

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European Union (Withdrawal) Bill, continued

(5F)    

With effect from exit day sections 16 or 17 of the Human Rights Act 1998 shall

apply to rights under the Charter in the same manner as they apply to Convention

rights.”

Member’s explanatory statement

This amendment would retain the Charter Rights in UK law and afford them the same level as

protection as the rights in the Human Rights Act.

Joanna Cherry

Ian Blackford

Stephen Gethins

Peter Grant

Kirsty Blackman

Patrick Grady

Hywel Williams

Liz Saville Roberts

Ben Lake

Jonathan Edwards

Caroline Lucas

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Clause  5,  page  3,  line  23,  leave out subsections (4) and (5).

Member’s explanatory statement

This amendment would allow the Charter of Fundamental Rights to continue to apply domestically

in the interpretation and application of retained EU law.

AMENDMENTS TO CLAUSE 6

Joanna Cherry

42

Clause  6,  page  3,  line  36,  at end insert “other than a matter referred to in paragraph

38 of the joint report from the negotiators of the European Union and the United Kingdom

Government on progress during phase 1 of the negotiations under Article 50 TEU on the

United Kingdom’s orderly withdrawal from the European Union dated 8 December

2017.”

Member’s explanatory statement

This amendment would ensure that UK Courts and Tribunals can refer matters to the CJEU as

agreed between the EU/UK negotiators in December 2017.

Stuart C. McDonald

55

Clause  6,  page  3,  line  36,  at end insert—

“(1A)    

So far as it is possible to do so, retained EU law must be read and given effect in

a  way which allows it to operate effectively.”

Member’s explanatory statement

This amendment (linked with Amendment 56) borrows language from the Human Rights Act 1998

to require courts and tribunals to interpret retained EU law, so far as possible, in order to

overcome deficiencies in the operation of retained EU law which have not been dealt with using

powers under clause 7.

Consideration of Bill (Report Stage): 16 January 2018      

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European Union (Withdrawal) Bill, continued

Joanna Cherry

43

Clause  6,  page  3,  line  37,  leave out subsection (2) and insert—

“(2)    

A court or tribunal may regard the decisions of the European Court made on or

after exit day to be persuasive”

Member’s explanatory statement

This amendment enables UK Courts and Tribunals to consider the decisions of the European Court

to be persuasive.

NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF CLAUSES 1 TO 6 OR

SCHEDULE 1

Caroline Lucas

Marion Fellows

Ann Clwyd

Tom Brake

Liz Saville Roberts

Ben Lake

Paul Flynn

Layla Moran

Hywel Williams

Jonathan Edwards

Ian Murray

Helen Hayes

Paul Farrelly

Mike Gapes

Richard Burden

NC7

To move the following Clause—

“EU Protocol on animal sentience

The obligation on Ministers of the Crown and the devolved administrations to pay

regard to the welfare requirements of animals as sentient beings when

formulating law and policy, contained within the EU Protocol on animal

sentience as set out in Article 13 of Title II of the Lisbon Treaty, shall be

recognised and available in domestic law on and after exit day.”

Member’s explanatory statement

This new clause transfers the EU Protocol on animal sentience set out in Article 13 of Title II of

the 2009 Lisbon Treaty into UK law, so that the obligation on the Government and the devolved

administrations to pay due regard to the welfare requirements of animals as sentient beings when

formulating law and policy is not lost when the UK leaves the EU.

Mike Gapes

Paul Farrelly

Stella Creasy

NC9

To move the following Clause—

“Saving of acquired rights: Anguilla

(1)    

Nothing in this Act is to be construed as removing, replacing, altering or

prejudicing the exercise of an acquired right.

Consideration of Bill (Report Stage): 16 January 2018      

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European Union (Withdrawal) Bill, continued

(2)    

Any power, howsoever expressed, contained in this Act may not be exercised if

the exercise of that power is likely to or will remove, replace or alter or prejudice

the exercise of an acquired right.

(3)    

In subsection (2) a reference to a power includes a power to make regulations.

(4)    

In this section an acquired right means a right that existed immediately before exit

day—

(a)    

whereby a person from or established in Anguilla could exercise that

right (either absolutely or subject to any qualification) in the United

Kingdom; and

(b)    

whereby the right arose in the context of the United Kingdom’s

membership of the European Union and Anguilla’s status as a territory

for whose external relations the United Kingdom is responsible.

(5)    

Nothing in this section prevents the use of the powers conferred by this Act to the

extent that acquired rights are not altered or otherwise affected to the detriment

of persons enjoying such rights.”

Member’s explanatory statement

The intention of this new clause is to mitigate the impact of Brexit on the British territory of

Anguilla which is dependent on frictionless movement between Anguilla and adjacent French and

Dutch possessions of St Martin/Sint Maarten that are EU territories.

Mr Dominic Grieve

Seema Malhotra

Paul Farrelly

Mr David Lammy

Mike Gapes

NC13

To move the following Clause—

“Classification of retained EU law (No. 2)

(1)    

Any retained EU law that was a legislative act or implements a legislative act

enacted under Article 289 of the Treaty on the Functioning of the European Union

is deemed to be primary legislation on or after exit day.

(2)    

Any retained EU law that was a delegated act or implements a delegated act under

Article 290 of the Treaty on the Functioning of the European Union or was an

implementing act or implements an implementing act under Article 291 of the

Treaty on the Functioning of the European Union is deemed to be a statutory

instrument on or after exit day, unless that law is already enacted as an Act of

Parliament.

(3)    

Any change to the preceding characterisation shall be by regulation which may

not be made unless a draft of the instrument has been laid before and approved by

resolution of each House of Parliament.”

Member’s explanatory statement

This new clause would provide greater legal certainty by classifying retained EU law as either

primary or secondary legislation.

Consideration of Bill (Report Stage): 16 January 2018      

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European Union (Withdrawal) Bill, continued

Bambos Charalambous

Mr David Lammy

Mike Gapes

NC16

To move the following Clause—

“Consequences of leaving the European Union: equality

(1)    

This section comes into force when this Act is passed.

(2)    

The purpose of this section is to ensure that the withdrawal of the United

Kingdom from the European Union does not diminish protection for equality in

the law of the United Kingdom.

(3)    

All individuals are equal before the law and have the right to the equal protection

and benefit of the law.

(4)    

All individuals have a right not to be discriminated against by any public

authority on any grounds including sex, race, colour, ethnic or social origin,

genetic features, language, religion or belief, political or any other opinion,

membership of a national minority, property, birth, disability, age or sexual

orientation.

(5)    

The following provisions of the Human Rights Act 1998 apply in relation to the

rights conferred by subsections (3) and (4) as they apply in relation to Convention

rights within the meaning of that Act—

(a)    

section 3 (interpretation of legislation);

(b)    

section 4 (declaration of incompatibility);

(c)    

section 5 (right of Crown to intervene);

(d)    

section 6 (acts of public authorities);

(e)    

section 7 (proceedings);

(f)    

section 8 (judicial remedies);

(g)    

section 9 (judicial acts);

(h)    

section 10 (power to take remedial action);

(i)    

section 11 (safeguard for existing human rights); and

(j)    

section 19 (statements of compatibility).

(6)    

A court or tribunal must have regard to any relevant decisions of the European

Court of Human Rights in considering—

(a)    

the application of this section generally, and

(b)    

in particular, the meaning of discrimination for the purposes of this

section.”

Member’s explanatory statement

This new clause would ensure that the rights of equality presently enjoyed in accordance with EU

law are enshrined in free-standing domestic law after the UK leaves the EU.

Consideration of Bill (Report Stage): 16 January 2018      

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European Union (Withdrawal) Bill, continued

Kerry McCarthy

Caroline Lucas

Mary Creagh

Darren Jones

Stephen Doughty

Liz Saville Roberts

Hywel Williams

Jonathan Edwards

Ben Lake

Ian Murray

Helen Hayes

Paul Farrelly

Mike Gapes

NC19

To move the following Clause—

“Saving for rights etc. under section 2(1) of the ECA (No. 2)

(1)    

Any rights, powers, liabilities, obligations, restrictions, remedies and procedures

which, immediately before exit day are part of domestic law by virtue of section

2(1) of the European Communities Act 1972 continue on and after exit day to be

recognised and available in domestic law (and to be enforced, allowed and

followed accordingly).

(2)    

Subsection (1) does not apply to any rights, powers, liabilities, obligations

restrictions, remedies or procedures so far as they form part of domestic law by

virtue of section 3

(3)    

Where, following the United Kingdom’s exit from the EU, retained EU law

incorrectly or incompletely gives effect to any rights, powers, liabilities,

obligations, restrictions, remedies or procedures created or required by EU law in

force immediately before exit day, a Minister of the Crown shall make regulations

for the purpose of giving effect to such rights, powers, liabilities, obligations,

restrictions, remedies and procedures.

(4)    

This section is subject to section 5 and Schedule 1 (exceptions to savings and

incorporation).”

Member’s explanatory statement

This new clause is linked to Amendment 57 to leave out Clause 4 and aims to preserve, more

comprehensively than the existing clause 4, rights, powers, liabilities, obligations, restrictions,

remedies and procedures derived from EU law and incorporated into domestic law via the

European Communities Act 1972. Where such rights are incorrectly or incompletely transferred,

it imposes a duty to make regulations to remedy the deficiency.

AMENDMENTS TO CLAUSE 10; AMENDMENTS TO SCHEDULE 2; AMENDMENTS TO

CLAUSE 11; AMENDMENTS TO SCHEDULE 3; NEW CLAUSES AND NEW SCHEDULES

RELATING TO CLAUSE 10 OR 11 OR SCHEDULE 2 OR 3

AMENDMENTS TO SCHEDULE 2

Joanna Cherry

49

Schedule  2,  page  17,  line  13,  leave out “appropriate” and insert “necessary”

Member’s explanatory statement

This amendment would ensure that Ministers can only bring forward regulations when it is

necessary to do so.