Session 2017-19
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Other Bills before Parliament


 
 

Report Stage Proceedings: 16 January 2018                

8

 

European Union (Withdrawal) Bill, continued

 
 

(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.”

 

Secretary David Davis

 

Agreed to on division  26

 

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

 

Crown”

 

Secretary David Davis

 

Agreed to on division  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.”

 

Joanna Cherry

 

Not called  51

 

Schedule  2,  page  22,  line  39,  leave out “appropriate” and insert “necessary”

 

Joanna Cherry

 

Not called  52

 

Schedule  2,  page  22,  line  43,  leave out “appropriate” and insert “necessary”

 

Secretary David Davis

 

Agreed to on division  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.”


 
 

Report Stage Proceedings: 16 January 2018                

9

 

European Union (Withdrawal) Bill, continued

 
 

Joanna Cherry

 

Not called  53

 

Schedule  2,  page  25,  line  12,  leave out “appropriate” and insert “necessary”

 

Joanna Cherry

 

Not called  54

 

Schedule  2,  page  25,  line  16,  leave out “appropriate” and insert “necessary”

 

Secretary David Davis

 

Agreed to on division  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.”

 



 
 

Report Stage Proceedings: 16 January 2018                

10

 

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

 

Negatived on division  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.”

 

Stephen Gethins

 

Stephen Doughty

 

Patrick Grady

 

Ian Murray

 

Hywel Williams

 

Liz Saville Roberts

Ben Lake

Jonathan Edwards

Stephen Kinnock

Caroline Lucas

Paul Farrelly

 

Not called  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”.

 

(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”.”


 
 

Report Stage Proceedings: 16 January 2018                

11

 

European Union (Withdrawal) Bill, continued

 
 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Caroline Lucas

 

Not called  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.

 

(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.”

 

Bill to be further considered tomorrow.


 
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Revised 16 January 2018