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Consideration of Bill (Report Stage): 16 January 2018      

29

 

European Union (Withdrawal) Bill, continued

 
 

(8)    

Any provision which requires or would, apart from subsection (7), require a UK

 

body to—

 

(a)    

consult, notify, co-operate with, or perform any other act in relation to an

 

EU body, or

 

(b)    

take account of an EU interest,

 

  is to be treated as empowering the UK body to do so in such manner and to such

 

extent as it considers appropriate. 

 

(9)    

In subsection (8)—

 

    

“a UK body” means the United Kingdom or a public authority in the United

 

    

Kingdom;

 

    

“an EU body” means the EU, an EU entity (other than the European Court), a

 

    

member State or a public authority in a member State;

 

    

“an EU interest” means an interest of an EU body or any other interest principally

 

arising in or connected with the EU (including that of consistency between the

 

United Kingdom and the EU);

 

    

“requires” includes reference to a pre-condition to the exercise of any power,

 

right or function; 

 

(10)    

This section ceases to have effect after the end of the period of two years

 

beginning with exit day.”

 

Member’s explanatory statement

 

This new clause provides a scheme for interpretation as a backstop where the transposition

 

necessary to avoid deficiencies has not been effected by regulations made under Clause 7.

 

 


 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Stephen Kinnock

Ian Murray

Seema Malhotra

Helen Hayes

Paul Farrelly

Mr David Lammy

Mike Gapes

Richard Burden

 

2

 

Clause  7,  page  5,  line  6,  leave out subsections (1) to (6) and insert—

 

“(1)    

A Minister of the Crown may by regulations make such provision as the Minister

 

considers necessary to prevent, remedy or mitigate—

 

(a)    

any failure of retained EU law to operate effectively, or

 

(b)    

any other deficiency in retained EU law,

 

    

arising from the withdrawal of the United Kingdom from the EU.

 

(2)    

Deficiencies in retained EU law are where the Minister considers that retained EU

 

law—

 

(a)    

contains anything which has no practical application in relation to the

 

United Kingdom or any part of it or is otherwise redundant or

 

substantially redundant,

 

(b)    

confers functions on, or in relation to, EU entities which no longer have

 

functions in that respect under EU law in relation to the United Kingdom

 

or any part of it,

 

(c)    

makes provision for, or in connection with, reciprocal arrangements

 

between—


 
 

Consideration of Bill (Report Stage): 16 January 2018      

30

 

European Union (Withdrawal) Bill, continued

 
 

(i)    

the United Kingdom or any part of it or a public authority in the

 

United Kingdom, and

 

(ii)    

the EU, an EU entity, a member State or a public authority in a

 

member State, which no longer exist or are no longer

 

appropriate,

 

(d)    

makes provision for, or in connection with, other arrangements which—

 

(i)    

involve the EU, an EU entity, a member State or a public

 

authority in a member State, or

 

(ii)    

are otherwise dependent upon the United Kingdom’s

 

membership of the EU, and which no longer exist or are no

 

longer appropriate,

 

(e)    

makes provision for, or in connection with, any reciprocal or other

 

arrangements not falling within paragraph (c) or (d) which no longer

 

exist, or are no longer appropriate, as a result of the United Kingdom

 

ceasing to be a party to any of the EU Treaties,

 

(f)    

does not contain any functions or restrictions which—

 

(i)    

were in an EU directive and in force immediately before exit day

 

(including any power to make EU tertiary legislation), and

 

(ii)    

it is appropriate to retain, or

 

(g)    

contains EU references which are no longer appropriate.

 

(3)    

But retained EU law is not deficient merely because it does not contain any

 

modification of EU law which is adopted or notified, comes into force or only

 

applies on or after exit day.

 

(4)    

Regulations under this section may make any provision that could be made by an

 

Act of Parliament.

 

(5)    

Regulations under this section may provide for—

 

(a)    

functions of EU entities or public authorities in member States (including

 

making an instrument of a legislative character or providing funding) to

 

be exercisable instead by a public authority (whether or not newly

 

established or established for the purpose) in the United Kingdom,

 

(b)    

the establishment of public authorities in the United Kingdom to carry

 

out functions provided for by regulations under this section.

 

(6)    

Regulations to which subsection (5) apply must ensure that the functions of such

 

EU entities or public authorities are exercised with equivalent scope, purpose and

 

effect by public authorities in the United Kingdom.

 

(7)    

But regulations under this section may not—

 

(a)    

impose or increase taxation,

 

(b)    

make retrospective provision,

 

(c)    

create a relevant criminal offence,

 

(d)    

be made to implement the withdrawal agreement,

 

(e)    

amend, repeal or revoke the Human Rights Act 1998 or any subordinate

 

legislation made under it,

 

(f)    

amend or repeal the Northern Ireland Act 1998 (unless the regulations are

 

made by virtue of paragraph 13(b) of Schedule 7 to this Act or are

 

amending or repealing paragraph 38 of Schedule 3 to the Northern

 

Ireland Act 1998 or any provision of that Act which modifies another

 

enactment),

 

(g)    

contain any provision the effect of which is that, in comparison with the

 

position immediately before the exit date—

 

(i)    

any right conferred on a person by retained EU law is either

 

removed or made less favourable,

 

(ii)    

any standard laid by retained EU law is lowered, or


 
 

Consideration of Bill (Report Stage): 16 January 2018      

31

 

European Union (Withdrawal) Bill, continued

 
 

(iii)    

any remedy, procedure or method of enforcement, in relation to

 

any rights or standards conferred by retained EU law, is made

 

less effective, or

 

(h)    

amend, repeal or revoke the Equality Act 2010 or any subordinate

 

legislation made under that Act.”

 

Member’s explanatory statement

 

This amendment restricts the Clause 7 powers so as to ensure they are only used as far is as

 

necessary for the purposes of the Bill, that they do not abolish enforcement functions and that they

 

do not reduce rights or protections.

 

Joanna Cherry

 

44

 

Clause  7,  page  5,  line  7,  leave out “appropriate” and insert “necessary”

 

Member’s explanatory statement

 

This amendment would ensure that Ministers can only bring forward regulations under Clause 7

 

when it is necessary to do so.

 

Secretary David Davis

 

14

 

Clause  7,  page  5,  line  11,  leave out “include (but are not limited to)” and insert

 

“are”

 

Member’s explanatory statement

 

This amendment ensures that the deficiencies identified in Clause 7(2) form an exhaustive list

 

rather than an illustrative list. Therefore nothing can be a deficiency for the purposes of Clause 7

 

unless it is identified in Clause 7(2) or provided for by Clause 7(2A) (for which see amendment 15).

 

Secretary David Davis

 

15

 

Clause  7,  page  5,  line  41,  at end insert—

 

“(2A)    

There is also a deficiency in retained EU law where the Minister considers that

 

there is—

 

(a)    

anything in retained EU law which is of a similar kind to any deficiency

 

which falls within subsection (2), or

 

(b)    

a deficiency in retained EU law of a kind described, or provided for, in

 

regulations made by a Minister of the Crown.”

 

Member’s explanatory statement

 

This amendment provides that anything which is of a similar kind to any deficiency falling within

 

paragraphs (a) to (g) of Clause 7(2) is also a deficiency for the purposes of Clause 7. It also

 

provides for a Minister of the Crown to describe, or provide for, other deficiencies in regulations.

 

Both changes are to be read in the light of amendment 14 which restricts the type of things that can

 

be deficiencies for the purposes of Clause 7.

 

Secretary David Davis

 

16

 

Clause  7,  page  5,  line  45,  leave out “this section” and insert “subsection (1)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 15.

 

Secretary David Davis

 

17

 

Clause  7,  page  6,  line  1,  leave out “this section” and insert “subsection (1)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 15.


 
 

Consideration of Bill (Report Stage): 16 January 2018      

32

 

European Union (Withdrawal) Bill, continued

 
 

Secretary David Davis

 

18

 

Clause  7,  page  6,  line  10,  leave out “this section” and insert “subsection (1)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 15.

 

Secretary David Davis

 

19

 

Clause  7,  page  6,  line  12,  leave out “this section” and insert “subsection (1)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 15.

 

Ian Blackford

 

Chris Stephens

 

Kirsty Blackman

 

Stephen Gethins

 

Peter Grant

 

Patrick Grady

Caroline Lucas

 

9

 

Clause  7,  page  6,  line  16,  at end insert—

 

“(da)    

amend, repeal or revoke any retained EU law which implements a

 

provision listed in Schedule [Exceptions for Directives etc.].”

 

Member’s explanatory statement

 

This amendment, which is linked to NS1, would except EU Directives relating to workers’ rights

 

from the power to make regulations to remedy deficiencies in retained EU law.

 

Stephen Doughty

 

Stephen Gethins

 

Ian Murray

 

Patrick Grady

 

Hywel Williams

 

Liz Saville Roberts

Ben Lake

Jonathan Edwards

Stephen Kinnock

Caroline Lucas

Paul Farrelly

Mike Gapes

 

5

 

Clause  7,  page  6,  line  18,  after “it”, insert—

 

“( )    

modify the Scotland Act 1998 or the Government of Wales Act 2006,”

 

Member’s explanatory statement

 

This amendment would prevent the powers of a Minister of the Crown under Clause 7 of the Bill

 

to fix problems in retained EU law from being exercised to amend the Scotland Act 1998 or the

 

Government of Wales Act 2006.

 

Stuart C. McDonald

 

56

 

Clause  7,  page  6,  line  23,  at end insert—

 

“(6A)    

Within three months of this Act receiving Royal Assent, and every three months

 

thereafter, a report must be laid before each House of Parliament listing—

 

(a)    

all deficiencies which Ministers of the Crown have identified would arise

 

in retained EU law after exit day but which they do not intend to prevent,

 

remedy or mitigate in advance using the powers under subsection (1);


 
 

Consideration of Bill (Report Stage): 16 January 2018      

33

 

European Union (Withdrawal) Bill, continued

 
 

(b)    

 the reasons for each decision not to prevent, remedy or mitigate such

 

deficiencies, and

 

(c)    

an assessment of the consequences of that decision.”

 

Member’s explanatory statement

 

This amendment (linked with Amendment 55 provides for Parliamentary scrutiny of any decision

 

not to use clause 7 powers to save retained EU law from being unable to operate effectively.

 


 

Joanna Cherry

 

45

 

Clause  8,  page  6,  line  33,  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.

 


 

Joanna Cherry

 

46

 

Clause  9,  page  7,  line  3,  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.

 

Ian Blackford

 

Sir Vince Cable

 

Caroline Lucas

 

Liz Saville Roberts

 

Stephen Gethins

 

Tom Brake

Hywel Williams

Layla Moran

 

59

 

Clause  9,  page  7,  line  16,  at end insert—

 

“(5)    

No regulations may be made under this section until the Secretary of State has

 

signed an agreement with the European Union guaranteeing that the United

 

Kingdom will remain a permanent member of the EU single market and customs

 

union.”

 

Member’s explanatory statement

 

This amendment would mean the UK would confirm its continued membership of the single market

 

and customs union before Ministers of the Crown carry out any actions under Clause 9 of the Bill.

 



 
 

Consideration of Bill (Report Stage): 16 January 2018      

34

 

European Union (Withdrawal) Bill, continued

 
 

Yvette Cooper

 

Angus Brendan MacNeil

 

Norman Lamb

 

Ms Harriet Harman

 

Anna Soubry

 

Stephen Kinnock

Ian Murray

Caroline Lucas

Helen Hayes

Paul Farrelly

Mr David Lammy

Mike Gapes

Richard Burden

 

10

 

Clause  14,  page  10,  line  40,  leave out from “means” to the end of line 41 and insert

 

“the time specified by an Act of Parliament approving the final terms of withdrawal of the

 

United Kingdom from the EU;”

 

Member’s explanatory statement

 

This amendment would require exit day to be specified in a separate bill on the terms of

 

withdrawal.

 

Chris Leslie

 

Dame Margaret Hodge

 

Ian Murray

 

Paul Farrelly

 

Mike Gapes

 

39

 

Clause  14,  page  11,  line  37,  at end insert “and the arrangements for a status quo

 

transitional period which encompasses—

 

(a)    

a “bridging period” to allow new agreements to be reached satisfactorily

 

between the United Kingdom and the European Union lasting as long as

 

necessary for a full trade agreement to be ratified, and

 

(b)    

an “adaptation period” to allow the phasing in of new requirements over

 

time to provide for the implementation of changes to new agreements in

 

an orderly and efficient manner.”

 

Member’s explanatory statement

 

This amendment ensures that the meaning of “withdrawal agreement” is also taken to include a

 

detailed transitional period with two distinct aspects, firstly allowing for a “bridging period”

 

during which new agreements are concluded and secondly allowing for an “adaptation period” to

 

give business and other organisations a period to adjust to those new arrangements.

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

Stephen Kinnock

Ian Murray

Helen Hayes

Paul Farrelly

Mr David Lammy

Mike Gapes

Richard Burden

 

1

 

Clause  14,  page  11,  line  40,  at end insert—

 

“(2A)    

Subsection (2B) applies if any “exit day” appointed in this Act is not in

 

accordance with any transitional arrangements agreed under Article 50 of the

 

Treaty of the European Union.

 

(2B)    

A Minister of the Crown may by regulations—

 

(a)    

amend the definition of “exit day” in the relevant sections to ensure that

 

the day and time specified are in accordance with any transitional


 
 

Consideration of Bill (Report Stage): 16 January 2018      

35

 

European Union (Withdrawal) Bill, continued

 
 

arrangements agreed under Article 50 of the Treaty of the European

 

Union, and

 

(b)    

amend subsection (2) in consequence of any such amendment.

 

(2C)    

Regulations under subsection (2B) are subject to the affirmative procedure.”

 

Member’s explanatory statement

 

This amendment ensures that the Bill can facilitate transitional arrangements within the single

 

market and customs union.

 


 

Joanna Cherry

 

47

 

Clause  17,  page  14,  line  15,  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.

 

Joanna Cherry

 

48

 

Clause  17,  page  14,  line  22,  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.

 


 

Secretary David Davis

 

20

 

Clause  18,  page  14,  line  34,  leave out “section 7” and insert “section 7(1)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 15.

 


 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

11

 

Clause  19,  page  15,  line  11,  at beginning insert—

 

“(1)    

Subject to subsection (1A)”

 

Member’s explanatory statement

 

This amendment is consequential to Amendment 12 to Clause 19 that requires legislative consent

 

from the sitting devolved administrations before any of the provisions in this Act come into force.


 
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Revised 16 January 2018