Session 2017-19
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Other Bills before Parliament


 
 

Consideration of Bill (Report Stage): 17 January 2018      

8

 

European Union (Withdrawal) Bill, continued

 
 

(2)    

Any 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 may not be ratified unless—

 

(a)    

subsection (1) has been complied with,

 

(b)    

the House of Lords has considered a motion relating to the unratified

 

agreement,

 

(c)    

the House of Commons has approved the unratified agreement by

 

resolution,

 

(d)    

the statute mentioned in section 9 (approving the final terms of

 

withdrawal of the United Kingdom from the European Union) has been

 

passed, and

 

(e)    

any other legislative provision to enable ratification has been passed or

 

made.

 

(3)    

If no agreement has been reached by 31 December 2018 between the United

 

Kingdom and the EU under Article 50(2) of the Treaty on European Union setting

 

out the arrangements for the United Kingdom’s withdrawal from the EU, the

 

Prime Minister must publish and lay before both Houses of Parliament within one

 

month an assessment of the impact on the economy of the United Kingdom, and

 

on each nation, province or region of the United Kingdom, of leaving the EU

 

under Article 50(3) of the Treaty on European Union without an agreement.

 

(4)    

If no agreement has been reached by 31 January 2019 between the United

 

Kingdom and the EU under Article 50(2) of the Treaty on European Union setting

 

out the arrangements for the United Kingdom’s withdrawal from the EU,

 

(a)    

a Minister of the Crown must propose a motion in the House of Lords

 

relating to the lack of an agreement, and

 

(b)    

a Minister of the Crown must propose a motion in the House of

 

Commons approving the intention of the United Kingdom to leave the

 

EU under Article 50(3) of the Treaty on European Union without a

 

withdrawal agreement.

 

(5)    

Unless the House of Commons approves by resolution after 31 January 2019 the

 

intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty

 

on European Union without a withdrawal agreement, the Prime Minister must

 

either —

 

(a)    

reach an agreement before exit day 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, or

 

(b)    

request the European Council for an extension of negotiation under

 

Article 50(3) of the Treaty on European Union, or

 

(c)    

rescind the notice of intention under Article 50(2) of the Treaty on

 

European Union to withdraw from the EU given in accordance with the

 

European Union (Notice of Withdrawal) Act 2017 and request the

 

European Council to accept that rescission.’

 

Member’s explanatory statement

 

This New Clause would ensure that the Government assesses the impact of either an agreement or

 

no deal on the UK economy and regions before a meaningful vote, and that if Parliament does not

 

agree to the agreement or to no deal, then the Government must request a revocation or extension

 

of Article 50.

 



 
 

Consideration of Bill (Report Stage): 17 January 2018      

9

 

European Union (Withdrawal) Bill, continued

 
 

Mary Creagh

 

Caroline Lucas

 

Seema Malhotra

 

Helen Hayes

 

Paul Farrelly

 

Stella Creasy

Kerry McCarthy

Catherine West

Daniel Zeichner

Rushanara Ali

Matt Western

Helen Jones

Dr Rupa Huq

Mrs Madeleine Moon

Ann Clwyd

Heidi Alexander

Mr David Lammy

Mike Gapes

Mr Ben Bradshaw

Ruth Cadbury

 

NC12

 

To move the following Clause—

 

         

“Environmental protection after EU exit

 

(1)    

Before any exit day, the Secretary of State must publish a report detailing all EU

 

environmental protections, powers and functions.

 

(2)    

The report pursuant to subsection (1) shall specify—

 

(a)    

all environmental legal protections which derive from EU law;

 

(b)    

the powers and functions relating to environmental protection or

 

improvement exercised by EU institutions;

 

(c)    

the empowering provisions in EU law relating to those functions; and

 

(d)    

any loss of environmental protection, or the monitoring and enforcement

 

of environmental protections, which may arise as a result of the UK’s exit

 

from the EU.

 

(3)    

Before any exit day the Secretary of State must publish proposals for primary

 

legislation (the “Draft Environmental Protection Bill”).

 

(4)    

The Draft Environmental Protection Bill must include provisions which would —

 

(a)    

ensure that the level of environmental protection provided by EU law on

 

the day this Act receives Royal Assent is maintained or enhanced;

 

(b)    

make provision to remedy any loss of environmental protection, or the

 

monitoring and enforcement of environmental protections, established in

 

the report pursuant to subsection (1);

 

(c)    

create a statutory corporation (to be called “the Environmental Protection

 

Agency”) with operational independence from Ministers of the Crown to

 

monitor environmental targets previously set by EU law relating to

 

environmental protection and other such environmental targets that may

 

be set by Ministers of the Crown and international treaties to which the

 

United Kingdom is party;

 

(d)    

require the statutory corporation in (4)(c) to report to Parliament every

 

year on progress in meeting those targets and to make recommendations

 

for remedial action where appropriate;

 

(e)    

allow the statutory corporation in (4)(c) to publish additional reports

 

identifying action or omissions on the part of Ministers of the Crown that

 

is likely to result in targets not being met; and

 

(f)    

extend to the whole of the United Kingdom.

 

(5)    

The Secretary of State must publish annual reports to Parliament on how

 

environmental protections and the monitoring and enforcement of environmental

 

protections have been affected by the United Kingdom’s exit from the EU.

 

(6)    

Before publishing a report pursuant to subsection (5) the Secretary of State must

 

hold a public consultation on the effect of leaving the EU on environmental

 

protection.


 
 

Consideration of Bill (Report Stage): 17 January 2018      

10

 

European Union (Withdrawal) Bill, continued

 
 

(7)    

The Secretary of State must publish and lay before each House of Parliament the

 

first report pursuant to subsection (5) no later 29 March 2020 and each subsequent

 

report must be published no later than the period of one year after the publication

 

of the previous report.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to produce a report on the loss of

 

environmental protection as a result of the UK’s exit from the EU, and to prepare an

 

Environmental Protection Bill to make up for any loss of environmental protections, and the

 

monitoring and enforcement of environmental protections. It would also require the Secretary of

 

State to produce annual reports which make an assessment of the impact of the UK’s withdrawal

 

from the EU on UK environmental protection.

 


 

Geraint Davies

 

Mohammad Yasin

 

Mr David Lammy

 

Mike Gapes

 

NC14

 

To move the following Clause—

 

         

“Maintaining individual rights and protections

 

(1)    

When making any agreement under subsection (2), the Secretary of State shall

 

take steps to ensure that UK citizens enjoy standards of rights and protections

 

equivalent to those enjoyed by citizens of the EU under EU law.

 

(2)    

This section applies to—

 

(a)    

any agreement between the United Kingdom and the EU which prepares

 

for, or implements, the UK’s withdrawal from the EU;

 

(b)    

any international trade agreement—

 

(i)    

between the UK and the EU, or

 

(ii)    

between the UK and another signatory which seeks to replicate

 

in full or in part the provisions of an international trade

 

agreement between the EU and the other signatory.

 

(3)    

In relation to any agreement under subsection (2), the Secretary of State will

 

maintain the highest standards of transparency.”

 

Member’s explanatory statement

 

This new clause creates a duty for the Government to ensure that individual rights and protections

 

are maintained to a level equivalent to (although not necessarily the same as) those in the EU when

 

making agreements with the EU or international trade agreements.

 



 
 

Consideration of Bill (Report Stage): 17 January 2018      

11

 

European Union (Withdrawal) Bill, continued

 
 

Bambos Charalambous

 

Mr David Lammy

 

Mike Gapes

 

NC15

 

To move the following Clause—

 

         

“Non-regression of equality law

 

(1)    

Any EU withdrawal related legislation must be accompanied by a statement made

 

by a Minister of the Crown certifying that in the Minister‘s opinion the legislation

 

does not remove or reduce protection under or by virtue of the Equality Acts 2006

 

and 2010.

 

(2)    

In subsection (1) “EU withdrawal related legislation” means—

 

(a)    

any statutory instrument under this Act;

 

(b)    

any statutory instrument made by a Minister of the Crown wholly or

 

partly in connection with the United Kingdom’s withdrawal from the EU;

 

and

 

(c)    

any Bill presented to Parliament by a Minister of the Crown which is

 

wholly or partly connected to the United Kingdom’s withdrawal from the

 

EU.”

 

Member’s explanatory statement

 

This new clause would ensure that legislation in connection with withdrawal from the EU does not

 

reduce protections provided by equality law.

 


 

Ian Murray

 

Mrs Madeleine Moon

 

Mr Ben Bradshaw

 

Alison McGovern

 

Kate Green

 

Stephen Timms

Stella Creasy

Wes Streeting

Mr Chris Leslie

Chuka Umunna

Angela Smith

Chris Bryant

Seema Malhotra

Daniel Zeichner

Ann Coffey

Stephen Doughty

Seema Malhotra

Mr Gavin Shuker

Heidi Alexander

Peter Kyle

Geraint Davies

Ruth Cadbury

Neil Coyle

Dr Rupa Huq

Tulip Siddiq

Dame Margaret Hodge

Mrs Louise Ellman

Rushanara Ali

Mary Creagh

Ms Karen Buck

Tom Brake

Ann Coffey

Mike Gapes

Gareth Thomas

Martin Whitfield

Liz Kendall

Darren Jones

Helen Hayes

Caroline Lucas

Paul Farrelly

Stephen Gethins

Mr Kenneth Clarke

Mr David Lammy

 

NC17

 

To move the following Clause—

 

         

“Effect of losing access to EU single market and customs union

 

(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

 

(“the Agreement”) between the United Kingdom and the EU under Article 50(2)


 
 

Consideration of Bill (Report Stage): 17 January 2018      

12

 

European Union (Withdrawal) Bill, continued

 
 

of the Treaty on European Union which sets out the arrangements for the United

 

Kingdom’s withdrawal from the EU.

 

(2)    

The assessment in subsection (1) must so far as practicable analyse the expected

 

difference in outcomes between the Agreement and continued participation in the

 

EU single market and customs union.

 

(3)    

The assessment in subsection (1) must be prepared by the Treasury and must

 

include separate analyses from the National Audit Office, the Office of Budget

 

Responsibility, the Government Actuary’s Department, and the finance

 

directorates of each of the devolved Administrations of the methodology and

 

conclusions of the Treasury assessment.

 

(4)    

A statute of the kind mentioned in section 9 (approving the final terms of

 

withdrawal of the United Kingdom from the European Union) may not come into

 

effect until the Prime Minister’s assessment under subsection (1) has been—

 

(a)    

debated by each House of Parliament, and

 

(b)    

approved by resolution of the House of Commons.”

 

Member’s explanatory statement

 

This purpose of this New Clause is to ensure that the alternative of remaining in the EU single

 

market and customs union is formally considered by Parliament on the basis of an independently

 

validated economic assessment before any statute approving the final terms of withdrawal takes

 

effect.

 


 

Caroline Lucas

 

Kerry McCarthy

 

Stephen Gethins

 

Tom Brake

 

Liz Saville Roberts

 

Lady Hermon

Patrick Grady

John McNally

Mary Creagh

Darren Jones

Hywel Williams

Jonathan Edwards

Ben Lake

Stephen Doughty

Ian Murray

Helen Hayes

Stella Creasy

Paul Farrelly

Mike Gapes

 

NC18

 

To move the following Clause—

 

         

“Consultation on environmental governance and principles

 

(1)    

Within one month of Royal Assent, the Secretary of State must consult on and

 

bring forward proposals to—

 

(a)    

provide that all powers and functions relating to the environment or

 

environmental protection that were exercisable by EU entities or other

 

public authorities anywhere in the United Kingdom before exit day

 

which do not cease to have effect as a result of the withdrawal agreement

 

are fully carried out.

 

(b)    

introduce primary legislation to establish a new independent

 

environmental regulator with the purpose of, responsibility for, and

 

appropriate powers to oversee the implementation of, compliance with

 

and enforcement of environmental law and principles by relevant public

 

authorities.

 

(c)    

incorporate EU environmental principles in primary legislation as a basis

 

for relevant decision-making by UK public bodies and public authorities.


 
 

Consideration of Bill (Report Stage): 17 January 2018      

13

 

European Union (Withdrawal) Bill, continued

 
 

(d)    

establish a process for the publication of a national environmental policy

 

statement or statements describing how the environmental principles will

 

be interpreted and applied.

 

(2)    

EU Environmental principles include but are not limited to—

 

(a)    

the precautionary principle;

 

(b)    

the principle that preventive action should be taken to avert

 

environmental damage;

 

(c)    

the principle that environmental damage should as a priority be rectified

 

at source;

 

(d)    

the polluter pays principle;

 

(e)    

the principle that environmental protection requirements must be

 

integrated into the definition and implementation of policies and

 

activities, in particular with a view to promoting sustainable

 

development;

 

(3)    

In carrying out a consultation under this section, the Government must—

 

(a)    

consult with the devolved authorities;

 

(b)    

be open to responses for at least two months; and

 

(c)    

consider the resources and legal powers that the proposed regulator under

 

(1)(b) will need in order to properly carry out its functions.”

 

Member’s explanatory statement

 

This new clause enshrines the Government’s stated intentions in respect of the environmental

 

principles and the establishment of a new independent environmental regulator. It sets out the

 

minimum standards for consultation on these matters.

 


 

Stephen Doughty

 

Stella Creasy

 

Kate Green

 

Mike Gapes

 

NC20

 

To move the following Clause—

 

         

“Citizens’ Jury on Brexit Negotiations

 

(1)    

A citizens’ jury shall be established to enable UK citizens to be consulted on the

 

progress of negotiations between the UK and the EU on the withdrawal of the UK

 

from the EU, and the approach outlined in UK Government White Papers.

 

(2)    

The citizens’ jury shall in total be composed of exactly 1501 persons.

 

(3)    

Members of the citizens’ jury shall be randomly selected by means of eligibility

 

from UK citizens on the current electoral register as registered on the date of this

 

Act receiving royal assent, with allocation across the 9 UK Government Regions,

 

Scotland, Wales and Northern Ireland weighted by population, and a stratification

 

plan, with the aim of securing a group of people who are broadly representative

 

demographically of the UK electorate across characteristics including whether

 

they voted Leave or Remain.

 

(4)    

The jury will be broken down into individual sittings for each of the 9 UK

 

Government Regions in England, as well as Scotland, Wales and Northern

 

Ireland.

 

(5)    

The sittings will be for no more than 72 hours at a time, facilitated by independent

 

facilitators, and if required, by electing fore-people from within their number.


 
 

Consideration of Bill (Report Stage): 17 January 2018      

14

 

European Union (Withdrawal) Bill, continued

 
 

(6)    

Membership of the jury will be subject to the same regulations and exceptions as

 

a regular jury, but membership can be declined without penalty.

 

(7)    

The citizens’ jury will be able to require Ministerial and official representatives

 

of the UK Government and the Devolved Administrations to give testimony to

 

them to inform their work, and to have the power to invite other witnesses to give

 

evidence as required.

 

(8)    

The citizens’ jury shall publish reports setting out their conclusions on the

 

negotiations and UK Government White Papers.

 

(9)    

The first report from the citizens’ jury shall be published within two months of

 

this Act receiving Royal Assent, and subsequent reports shall be published at

 

intervals of no more than two months.

 

(10)    

Costs incurred by the citizens’ jury shall be met by the Exchequer.”

 


 

Kerry McCarthy

 

Caroline Lucas

 

Stephen Gethins

 

Tom Brake

 

Liz Saville Roberts

 

Lady Hermon

Patrick Grady

John McNally

Mary Creagh

Darren Jones

Hywel Williams

Jonathan Edwards

Ben Lake

Stephen Doughty

Ian Murray

Helen Hayes

Paul Farrelly

Mr David Lammy

Mike Gapes

Richard Burden

 

NC21

 

To move the following Clause—

 

         

“Environmental protection and improvement: continuation of powers and

 

functions

 

(1)    

The Secretary of State must establish and maintain a publicly accessible register

 

of EU environmental powers and functions.

 

(2)    

The register produced pursuant to subsection (1) shall specify—

 

(a)    

the specific powers and functions relating to environmental protection or

 

improvement exercised by EU institutions;

 

(b)    

the EU institution previously responsible for exercising those powers and

 

functions; and

 

(c)    

the empowering provision in EU law relating to those powers and

 

functions.

 

(3)    

The register produced pursuant to subsection (1) shall include the following

 

functions—

 

(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; and

 

(f)    

publicising information including regarding compliance with

 

environmental standards.


 
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Revised 16 January 2018