Consideration of Bill (Report Stage): 16 January 2018      

8

European Union (Withdrawal) Bill, continued

Joanna Cherry

50

Schedule  2,  page  17,  line  18,  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

21

Schedule  2,  page  17,  line  24,  leave out “reference” and insert “references”

Member’s explanatory statement

This amendment is consequential on amendment 15.

Secretary David Davis

22

Schedule  2,  page  17,  line  24,  after “7(2)” insert “and (2A) (but not the reference to

a Minister of the Crown in section 7(2A)(b))”

Member’s explanatory statement

This amendment is consequential on amendment 15.

Secretary David Davis

23

Schedule  2,  page  17,  line  25,  leave out “a reference” and insert “references”

Member’s explanatory statement

This amendment is consequential on amendment 15.

Secretary David Davis

24

Schedule  2,  page  17,  line  26,  after “authority” insert “and the references to section

7(1) being read as references to sub-paragraph (1) or (2) above”

Member’s explanatory statement

This amendment is consequential on amendment 15.

Secretary David Davis

25

Schedule  2,  page  18,  line  9,  at end insert—

    “( )  

This paragraph does not prevent the Scottish Ministers from making provision

in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

29(4C) of the Scotland Act 1998, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (4A) of section 29 of that Act if the provision

were made in an Act of the Scottish Parliament when that subsection and

the Order are in force.

      ( )  

This paragraph does not prevent the Welsh Ministers from making provision

in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

108A(10) of the Government of Wales Act 2006, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (8) of section 108A of that Act if the provision

were made in an Act of the National Assembly for Wales when that

subsection and the Order are in force.

Consideration of Bill (Report Stage): 16 January 2018      

9

European Union (Withdrawal) Bill, continued

      ( )  

This paragraph does not prevent a Northern Ireland department from making

provision in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

6(8) of the Northern Ireland Act 1998, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (6) of section 6 of that Act if the provision were

made in an Act of the Northern Ireland Assembly when that subsection

and the Order are in force.”

Member’s explanatory statement

This amendment allows a devolved authority to make provision by regulations to prevent, remedy

or mitigate deficiencies in retained EU law, under Part 1 of Schedule 2, so as to modify retained

direct EU legislation or anything that is retained EU law under Clause 4. In relation to each

devolved authority, a modification would be allowed where the relevant devolved legislature

would not, by making the modification in an Act, breach the restriction inserted by Clause 11

relating to retained EU law, because of an Order in Council made under the power conferred by

that Clause. The amendment would also allow regulations to be made, in equivalent

circumstances, that are inconsistent with modifications of retained direct EU legislation etc made

by a Minister of the Crown or the Bill.

Secretary David Davis

26

Schedule  2,  page  18,  line  15,  leave out “without the consent of a Minister of the

Crown”

Member’s explanatory statement

As the Bill stands, a devolved authority cannot exercise its powers to prevent, remedy or mitigate

deficiencies in retained EU law, under Part 1 of Schedule 2, to make regulations that come into

force before exit day and remove certain reciprocal arrangements, without the consent of a

Minister of the Crown. This amendment and amendment 27 would replace that consent

requirement with a requirement that the devolved authority consults the Secretary of State.

Secretary David Davis

27

Schedule  2,  page  18,  line  20,  at end insert “,

unless the regulations are, to that extent, made after consulting with the

Secretary of State.”

Member’s explanatory statement

See amendment 26.

Joanna Cherry

51

Schedule  2,  page  22,  line  39,  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

52

Schedule  2,  page  22,  line  43,  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.

Consideration of Bill (Report Stage): 16 January 2018      

10

European Union (Withdrawal) Bill, continued

Secretary David Davis

28

Schedule  2,  page  23,  line  32,  at end insert—

    “( )  

This paragraph does not prevent the Scottish Ministers from making provision

in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

29(4C) of the Scotland Act 1998, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (4A) of section 29 of that Act if the provision

were made in an Act of the Scottish Parliament when that subsection and

the Order are in force.

      ( )  

This paragraph does not prevent the Welsh Ministers from making provision

in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

108A(10) of the Government of Wales Act 2006, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (8) of section 108A of that Act if the provision

were made in an Act of the National Assembly for Wales when that

subsection and the Order are in force.

      ( )  

This paragraph does not prevent a Northern Ireland department from making

provision in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

6(8) of the Northern Ireland Act 1998, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (6) of section 6 of that Act if the provision were

made in an Act of the Northern Ireland Assembly when that subsection

and the Order are in force.”

Member’s explanatory statement

This amendment allows a devolved authority to make provision by regulations to prevent or

remedy a breach of international law arising from withdrawal, under Part 2 of Schedule 2, so as

to modify retained direct EU legislation or anything that is retained EU law under Clause 4. In

relation to each devolved authority, a modification would be allowed where the relevant devolved

legislature would not, by making the modification in an Act, breach the restriction inserted by

Clause 11 relating to retained EU law, because of an Order in Council made under the power

conferred by that Clause. The amendment would also allow regulations to be made, in equivalent

circumstances, that are inconsistent with modifications of retained direct EU legislation etc made

by a Minister of the Crown or the Bill.

Joanna Cherry

53

Schedule  2,  page  25,  line  12,  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

54

Schedule  2,  page  25,  line  16,  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.

Consideration of Bill (Report Stage): 16 January 2018      

11

European Union (Withdrawal) Bill, continued

Secretary David Davis

29

Schedule  2,  page  26,  line  11,  at end insert—

    “( )  

This paragraph does not prevent the Scottish Ministers from making provision

in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

29(4C) of the Scotland Act 1998, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (4A) of section 29 of that Act if the provision

were made in an Act of the Scottish Parliament when that subsection and

the Order are in force.

      ( )  

This paragraph does not prevent the Welsh Ministers from making provision

in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

108A(10) of the Government of Wales Act 2006, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (8) of section 108A of that Act if the provision

were made in an Act of the National Assembly for Wales when that

subsection and the Order are in force.

      ( )  

This paragraph does not prevent a Northern Ireland department from making

provision in regulations under this Part if—

(a)    

the provision is made when there is an Order in Council under section

6(8) of the Northern Ireland Act 1998, and

(b)    

the provision would, by virtue of the Order, not be in breach of the

restriction in subsection (6) of section 6 of that Act if the provision were

made in an Act of the Northern Ireland Assembly when that subsection

and the Order are in force.”

Member’s explanatory statement

This amendment allows a devolved authority to make provision by regulations to implement the

withdrawal agreement, under Part 3 of Schedule 2, so as to modify retained direct EU legislation

or anything that is retained EU law under Clause 4. In relation to each devolved authority, a

modification would be allowed where the relevant devolved legislature would not, by making the

modification in an Act, breach the restriction inserted by Clause 11 relating to retained EU law,

because of an Order in Council made under the power conferred by that Clause. The amendment

would also allow regulations to be made, in equivalent circumstances, that are inconsistent with

modifications of retained direct EU legislation etc made by a Minister of the Crown or the Bill.

Consideration of Bill (Report Stage): 16 January 2018      

12

European Union (Withdrawal) Bill, continued

AMENDMENTS TO CLAUSE 11

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

3

Clause  11,  page  7,  line  23,  leave out subsections (1) to (3) and insert—

“(1)    

In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish

Parliament to legislate incompatibly with EU law), omit “or with EU law”.

(2)    

In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for

National Assembly for Wales to legislate incompatibly with EU law), omit “or

with EU law”.

(3)    

In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly

to legislate incompatibly with EU law, omit “is incompatible with EU law”.

(4)    

The Secretary of State must lay before each House of Parliament proposals for

replacing European frameworks with UK ones.

(5)    

UK-wide frameworks shall be proposed if and only if they are necessary to—

(a)    

enable the functioning of the UK internal market,

(b)    

ensure compliance with international obligations,

(c)    

ensure the UK can negotiate, enter into and implement new trade

agreements and international treaties,

(d)    

enable the management of common resources,

(e)    

administer and provide access to justice in cases with a cross-border

element, or

(f)    

safeguard the security of the UK.

(6)    

Ministers of the Crown shall create UK-wide frameworks only if they have

consulted with, and secured the agreement of, the affected devolved

administrations.”

Member’s explanatory statement

This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament,

the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved

matters and creates new collaborative procedures for the creation of UK-wide frameworks for

retained EU law.

Stephen Gethins

Stephen Doughty

Patrick Grady

Ian Murray

Hywel Williams

Liz Saville Roberts

Ben Lake

Jonathan Edwards

Stephen Kinnock

Caroline Lucas

Paul Farrelly

6

Clause  11,  page  7,  line  23,  leave out subsections (1) and (2) and insert—

“(1)    

In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish

Parliament to legislate incompatibly with EU law), omit “or with EU law”.

Consideration of Bill (Report Stage): 16 January 2018      

13

European Union (Withdrawal) Bill, continued

(2)    

In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for

National Assembly for Wales to legislate incompatibly with EU law), omit “or

with EU law”.”

Member’s explanatory statement

This amendment would replace the Bill’s changes to the legislative competence of the Scottish

Parliament and the National Assembly for Wales in consequence of EU withdrawal, by removing

the restriction on legislative competence relating to EU law and ensuring that no further

restriction relating to retained EU law is imposed.

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Caroline Lucas

13

Clause  11,  page  7,  line  23,  leave out subsections (1) to (3) and insert—

“(1)    

In section 29(2)(d) of the Scotland Act 1998 (no competence for Scottish

Parliament to legislate incompatibly with EU law), omit “or with EU law”.

(2)    

In section 108A (2)(e) of the Government of Wales Act 2006 (no competence for

National Assembly for Wales to legislate incompatibly with EU law), omit “or

with EU law”.

(3)    

In section 6(2)(d) of the Northern Ireland Act (no competency for the Assembly

to legislate incompatibly with EU law), omit “is incompatible with EU law”.

(3A)    

The Secretary of State must lay before each House of Parliament proposals for

replacing European frameworks with UK ones.

(3B)    

UK-wide frameworks will be proposed if and only if they are necessary to—

(a)    

enable the functioning of the UK internal market, while acknowledging

policy divergence;

(b)    

ensure compliance with international obligations;

(c)    

ensure the UK can negotiate, enter into and implement new trade

agreements and international treaties;

(d)    

enable the management of common resources;

(e)    

administer and provide access to justice in cases with a cross-border

element; or

(f)    

safeguard the security of the UK.

(3C)    

Frameworks will respect the devolution settlements and the democratic

accountability of the devolved legislatures, and will therefore—

(a)    

be based on established conventions and practices, including that the

competence of the devolved institutions will not be adjusted without their

consent;

(b)    

maintain, as a minimum, equivalent flexibility for tailoring policies to the

specific needs of each territory as is afforded by current EU rules; and

(c)    

lead to a significant increase in decision-making powers for the devolved

administrations.

(3D)    

Frameworks will ensure recognition of the economic and social linkages between

Northern Ireland and Ireland by—

(a)    

recognising that Northern Ireland will be the only part of the UK that

shares a land frontier with the EU; and

(b)    

adhering to the Belfast Agreement.

Consideration of Bill (Report Stage): 16 January 2018      

14

European Union (Withdrawal) Bill, continued

(3E)    

UK-wide frameworks will be created jointly by the sitting devolved

administrations and Ministers of the Crown, with the agreement of all parties

involved.”

Member’s explanatory statement

This amendment removes the Bill’s proposed restrictions on the ability of the Scottish Parliament,

the National Assembly for Wales and the Northern Ireland Assembly to legislate on devolved

matters and creates a new collaborative procedure for the creation of UK-wide frameworks for

retained EU law using the principles as agreed at the Joint Ministerial Committee (EU

Negotiations) on 16 October 2017.

REMAINING PROCEEDINGS ON CONSIDERATION

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

NC1

To move the following Clause—

“Retaining Enhanced Protection

(1)    

A Minister may use regulations provided for by an Act of Parliament other than

this Act to amend, repeal or modify retained EU law if, and only if, the use of the

regulation is necessary to maintain or enhance rights and protections.

(2)    

The procedure in subsection (3) applies if a Minister of the Crown proposes to use

regulations provided for by Acts of Parliament other than this Act to amend,

repeal or modify retained EU law in the following areas—

(a)    

employment entitlement, rights and protection,

(b)    

equality entitlements, rights and protection,

(c)    

health and safety entitlement, rights and protection,

(d)    

consumer standards, or

(e)    

environmental standards and protection.

(3)    

A Minister of the Crown must—

(a)    

produce an explanatory document which must explain why using the

regulation is necessary to maintain or enhance rights and protections,

(b)    

consult for a period of no less than 12 weeks after the publication of the

explanatory document with—

(i)    

organisations, and persons who are likely to be affected by the

proposals, including representative bodies;

(ii)    

the Law Commission, the Scottish Law Commission or the

Northern Ireland Law Commission in such cases as the Minister

considers appropriate; and

(iii)    

where the proposals relate to the functions of one or more

statutory bodies, those bodies or persons appearing to the

Minister to be representative of those bodies,