Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Wednesday 17 January 2018

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

European Union (Withdrawal) Bill, As


 

Amended


 

Note

 

This document includes all remaining amendments and includes any withdrawn

 

amendments at the end. The amendments have been arranged in accordance with

 

the Order of the House [16 January 2018].

 

 


 

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,


 
 

Consideration of Bill (Report Stage): 17 January 2018      

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European Union (Withdrawal) Bill, continued

 
 

(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,

 

(c)    

give details of any representations received under the consultation

 

provided including Ministerial responses.

 

(4)    

Any regulations to which this section applies may be made only if they have been

 

approved by a resolution of each House of Parliament.”

 

Member’s explanatory statement

 

This new clause would ensure that important EU-derived employment and other rights can be

 

amended only by primary legislation, subordinate legislation made under this Act, or subordinate

 

legislation which has been approved through an enhanced scrutiny procedure.

 


 

Mr Chris Leslie

 

Chuka Umunna

 

Kate Green

 

Mike Gapes

 

Mrs Madeleine Moon

 

Angela Smith

Catherine McKinnell

Stephen Doughty

Paul Farrelly

Mr Ben Bradshaw

Ian Murray

Mary Creagh

Peter Kyle

Wes Streeting

Dame Margaret Hodge

Stephen Kinnock

Caroline Lucas

Helen Hayes

Stella Creasy

Mr David Lammy

 

NC2

 

To move the following Clause—

 

         

“Meaning of Withdrawal Agreement

 

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

 

arrangements for the UK’s withdrawal from the EU which comprise the

 

“withdrawal agreement” specified in subsection (1) of section 14 shall include

 

full, comprehensive and sufficient detail as if it were a legal instrument capable

 

of acceptance and deposit as an international trade agreement at the World Trade

 

Organisation, with detailed agreements on the following aspects of the future

 

relationship between the United Kingdom and European Union including—


 
 

Consideration of Bill (Report Stage): 17 January 2018      

3

 

European Union (Withdrawal) Bill, continued

 
 

(a)    

geographical scope of application,

 

(b)    

regulatory cooperation,

 

(c)    

national security,

 

(d)    

cross-border trade in services,

 

(e)    

market access,

 

(f)    

tariff arrangements,

 

(g)    

tariff rate quotas on all products,

 

(h)    

customs duties on imports,

 

(i)    

duties, taxes and charges on exports,

 

(j)    

fees and charges,

 

(k)    

import and export restrictions,

 

(l)    

provisions concerning anti-dumping and countervailing measures,

 

(m)    

transparency,

 

(n)    

sanitary and phytosanitary measures,

 

(o)    

trade conditions,

 

(p)    

customs valuation,

 

(q)    

subsidies,

 

(r)    

dispute settlement and mediation,

 

(s)    

establishment of investments,

 

(t)    

non-discriminatory treatment,

 

(u)    

expropriation,

 

(v)    

enforcement of awards,

 

(w)    

mutual recognition of professional qualifications,

 

(x)    

cross-border financial services,

 

(y)    

prudential regulatory alignment,

 

(z)    

maritime transport services,

 

(aa)    

telecommunications,

 

(bb)    

electronic commerce,

 

(cc)    

competition policy,

 

(dd)    

state enterprises and monopolies,

 

(ee)    

government procurement,

 

(ff)    

intellectual property,

 

(gg)    

trade and sustainable development and the environment,

 

(hh)    

trade and labour standards and employment conditions and

 

(ii)    

taxation.”

 

Member’s explanatory statement

 

This new clause would make it the objective of HM Government that the withdrawal agreement

 

sought prior to exit day should include proposals setting out the full details expected of a

 

comprehensive international trade agreement.

 



 
 

Consideration of Bill (Report Stage): 17 January 2018      

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European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Chuka Umunna

 

Kate Green

 

Mike Gapes

 

Mrs Madeleine Moon

 

Angela Smith

Catherine McKinnell

Stephen Doughty

Paul Farrelly

Mr Ben Bradshaw

Ian Murray

Mary Creagh

Peter Kyle

Wes Streeting

Hywel Williams

Liz Saville Roberts

Ben Lake

Jonathan Edwards

Dame Margaret Hodge

Stephen Kinnock

Caroline Lucas

Seema Malhotra

Helen Hayes

Stella Creasy

Mr David Lammy

Mr Pat McFadden

Liz Kendall

 

NC3

 

To move the following Clause—

 

         

“Republic of Ireland and Northern Ireland

 

(1)    

Nothing in the provisions made under section 8 or section 9 of this Act shall

 

authorise any regulations which—

 

(a)    

breach any of the obligations of Her Majesty’s Government made under

 

the Belfast Agreement implemented in the Northern Ireland Act 1998

 

(which made new provision for the government of Northern Ireland for

 

the purpose of implementing the agreement reached at multi-party talks

 

on Northern Ireland), or

 

(b)    

create hard border arrangements between Northern Ireland and the

 

Republic of Ireland, or

 

(c)    

undermine the full alignment of the United Kingdom with the rules of the

 

European Union Internal Market and the Customs Union which support

 

North-South cooperation, the all-island economy and the protection of

 

the Belfast Agreement.

 

(2)    

Subsection (1)(c) shall apply unless Her Majesty’s Government, the Government

 

of the Republic of Ireland and the European Union agree alternative specific

 

solutions which can continue to address the unique circumstances of the island of

 

Ireland, the obligations of the Belfast Agreement and the avoidance of a hard

 

border arrangement between Northern Ireland and the Republic of Ireland.”

 

Member’s explanatory statement

 

This new clause would ensure that the aspects of the Phase 1 agreement between the UK and the

 

EU regarding the Republic of Ireland and Northern Ireland are brought into UK law.

 



 
 

Consideration of Bill (Report Stage): 17 January 2018      

5

 

European Union (Withdrawal) Bill, continued

 
 

Mr Chris Leslie

 

Chuka Umunna

 

Kate Green

 

Mike Gapes

 

Mrs Madeleine Moon

 

Angela Smith

Catherine McKinnell

Stephen Doughty

Paul Farrelly

Mr Ben Bradshaw

Ian Murray

Mary Creagh

Peter Kyle

Wes Streeting

Dame Margaret Hodge

Stephen Kinnock

Caroline Lucas

Seema Malhotra

Helen Hayes

Stella Creasy

Mr David Lammy

 

NC4

 

To move the following Clause—

 

         

“Financial Settlement

 

The Chancellor of the Exchequer shall publish, within one month of Royal Assent

 

of this Act, the full details of the methodology agreed between Her Majesty’s

 

Government and the European Union as set out in the “Joint Report from the

 

Negotiators on Progress During Phase 1” which was published on 8 December

 

2017.”

 

Member’s explanatory statement

 

This new clause would ensure that the agreed methodology for calculating the financial settlement

 

between the UK and the EU set out in the Joint Report from the Negotiators of 8 December 2017

 

are published and brought into the public domain.

 


 

Mr Chris Leslie

 

Chuka Umunna

 

Kate Green

 

Mike Gapes

 

Mrs Madeleine Moon

 

Angela Smith

Catherine McKinnell

Stephen Doughty

Paul Farrelly

Mr Ben Bradshaw

Ian Murray

Mary Creagh

Peter Kyle

Wes Streeting

Dame Margaret Hodge

Stephen Kinnock

Caroline Lucas

Seema Malhotra

Helen Hayes

Mr David Lammy

Richard Burden

 

NC5

 

To move the following Clause—

 

         

“Trade in Services

 

It shall be the objective of Her Majesty’s Government, in negotiating a

 

withdrawal agreement, to secure the same rights, freedoms and access available

 

to UK businesses trading in services as exists through the United Kingdom’s

 

membership of the European Union, as if section 1 of this Act were not brought

 

into effect.”

 

Member’s explanatory statement

 

This new clause would ensure that the negotiating objectives of Ministers would be to secure the

 

same benefits for service sector trading businesses after exit day as are available under the


 
 

Consideration of Bill (Report Stage): 17 January 2018      

6

 

European Union (Withdrawal) Bill, continued

 
 

existing Single Market and Customs Union arrangements by virtue of membership of the European

 

Union.

 


 

Mr Chris Leslie

 

Chuka Umunna

 

Kate Green

 

Mike Gapes

 

Mrs Madeleine Moon

 

Angela Smith

Catherine McKinnell

Stephen Doughty

Paul Farrelly

Mr Ben Bradshaw

Ian Murray

Mary Creagh

Peter Kyle

Wes Streeting

Dame Margaret Hodge

Stephen Kinnock

Caroline Lucas

Seema Malhotra

Darren Jones

Helen Hayes

Stella Creasy

Tom Brake

Mr David Lammy

Rushanara Ali

Mr Pat McFadden

Liz Kendall

 

NC6

 

To move the following Clause—

 

         

“Alteration to the notification under Article 50(2) of the Treaty on the

 

European Union

 

Her Majesty’s Government shall publish a summary of the legal advice it has

 

received in respect of the ability of the United Kingdom to extend, alter or revoke

 

the notification, under Article 50(2) of the Treaty on the European Union, of the

 

United Kingdom’s intention to withdraw from the EU.”

 

Member’s explanatory statement

 

This new clause would require Ministers to place in the public domain a summary of the legal

 

advice they have received concerning the options available for the United Kingdom in respect of

 

the notification made under Article 50 of the Treaty on the European Union.

 


 

Geraint Davies

 

Stephen Kinnock

 

Stuart C. McDonald

 

Mr David Lammy

 

Mr Ronnie Campbell

 

Catherine West

Mrs Louise Ellman

Helen Hayes

Paul Farrelly

Mike Gapes

Richard Burden

 

NC10

 

To move the following Clause—

 

         

“Governance and institutional arrangements

 

(1)    

Before exit day a Minister of the Crown must make provision that all powers and

 

functions relating to any right, freedom, or protection, that any person might

 

reasonably expect to exercise, that were exercisable by EU entities or other public

 

authorities anywhere in the United Kingdom before exit day, and which do not


 
 

Consideration of Bill (Report Stage): 17 January 2018      

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European Union (Withdrawal) Bill, continued

 
 

cease to have effect as a result of the withdrawal agreement (“relevant powers and

 

functions”) will—

 

(a)    

continue to be carried out by an EU entity or public authority;

 

(b)    

be carried out by an appropriate existing or newly established entity or

 

public authority in the United Kingdom; or

 

(c)    

be carried out by an appropriate international entity or public authority.

 

(2)    

For the purposes of this section, relevant powers and functions relating to the UK

 

exercisable by an EU entity or public authority include, but are not limited to—

 

(a)    

monitoring and measuring compliance with legal requirements;

 

(b)    

reviewing and reporting on compliance with legal requirements;

 

(c)    

enforcement of legal requirements;

 

(d)    

setting standards or targets;

 

(e)    

co-ordinating action;

 

(f)    

publicising information.

 

(3)    

Responsibility for any functions or obligations arising from retained EU law for

 

which no specific provision has been made immediately after commencement of

 

this Act will belong to the relevant Minister until such a time as specific provision

 

for those functions or obligations has been made.”

 

Member’s explanatory statement

 

This new clause would ensure that substantive rights and protections cannot be removed by the

 

“back door”, and that the institutions and agencies that protect EU derived rights and protections

 

are replaced to a sufficient standard so those rights and protections will still be enjoyed in

 

practice.

 


 

Tom Brake

 

Sir Vince Cable

 

Jo Swinson

 

Mr Alistair Carmichael

 

Tim Farron

 

Wera Hobhouse

Caroline Lucas

Stephen Doughty

Chuka Umunna

Ian Murray

Helen Hayes

Paul Farrelly

Stella Creasy

Stephen Gethins

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

Angus Brendan MacNeil

Norman Lamb

Mr David Lammy

Mike Gapes

Layla Moran

Richard Burden

Catherine West

 

NC11

 

To move the following Clause—

 

         

“Meaningful vote on deal or no deal

 

(1)    

The Prime Minister must publish and lay before both Houses of Parliament an

 

assessment of the impact on the economy of the United Kingdom, and on each

 

nation, province or region of the United Kingdom, of any unratified agreement

 

between the United Kingdom and the EU under Article 50(2) of the Treaty on

 

European Union which sets out the arrangements for the United Kingdom’s

 

withdrawal from the EU.


 
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Revised 16 January 2018