Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 21 December 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 11 to 13

 

Consideration of Bill (Report Stage)


 

European Union (Withdrawal) Bill, As


 

Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

New Clauses

 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

 

NC1

 

Parliamentary Star - white    

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.


 
 

Notices of Amendments: 21 December 2017                  

2

 

European Union (Withdrawal) Bill, continued

 
 

(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,

 

(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 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

 

NC2

 

Parliamentary Star - white    

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


 
 

Notices of Amendments: 21 December 2017                  

3

 

European Union (Withdrawal) Bill, continued

 
 

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

 

relationship between the United Kingdom and European Union including—

 

(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

 



 
 

Notices of Amendments: 21 December 2017                  

4

 

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

 

NC3

 

Parliamentary Star - white    

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.

 



 
 

Notices of Amendments: 21 December 2017                  

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

 

NC4

 

Parliamentary Star - white    

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

 

NC5

 

Parliamentary Star - white    

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


 
 

Notices of Amendments: 21 December 2017                  

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

 

NC6

 

Parliamentary Star - white    

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.

 


 

Caroline Lucas

 

Marion Fellows

 

Ann Clwyd

 

Tom Brake

 

Liz Saville Roberts

 

Ben Lake

Paul Flynn

Layla Moran

Hywel Williams

Jonathan Edwards

 

NC7

 

Parliamentary Star - white    

To move the following Clause—

 

         

“EU Protocol on animal sentience

 

The obligation on Ministers of the Crown and the devolved administrations to pay

 

regard to the welfare requirements of animals as sentient beings when

 

formulating law and policy, contained within the EU Protocol on animal

 

sentience as set out in Article 13 of Title II of the Lisbon Treaty, shall be

 

recognised and available in domestic law on and after exit day.”

 

Member’s explanatory statement

 

This new clause transfers the EU Protocol on animal sentience set out in Article 13 of Title II of


 
 

Notices of Amendments: 21 December 2017                  

7

 

European Union (Withdrawal) Bill, continued

 
 

the 2009 Lisbon Treaty into UK law, so that the obligation on the Government and the devolved

 

administrations to pay due regard to the welfare requirements of animals as sentient beings when

 

formulating law and policy is not lost when the UK leaves the EU.

 


 

Mr Dominic Grieve

 

Stephen Hammond

 

NC8

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Classification of retained EU law

 

(1)    

Any direct EU legislation that was a legislative act enacted under Article 289 of

 

the Treaty on the Functioning of the European Union is deemed to be primary

 

legislation when it forms part of retained EU law on or after exit day.

 

(2)    

Direct EU legislation that was a delegated act under Article 290 of the Treaty on

 

the Functioning of the European Union or an implementing act under Article 291

 

of the Treaty on the Functioning of the European Union is deemed to be a

 

statutory instrument when it forms part of Retained EU Law on or after exit day.

 

(3)    

Any change to the preceding characterisation shall be by regulation which may

 

not be made unless a draft of the instrument has been laid before and approved by

 

resolution of each House of Parliament.”

 

Member’s explanatory statement

 

The purpose is to provide greater legal certainty by classifying retained EU law of the primary or

 

secondary legislation.

 

 


 

Jeremy Corbyn

 

Mr Nicholas Brown

 

Keir Starmer

 

Jenny Chapman

 

Matthew Pennycook

 

Paul Blomfield

 

4

 

Parliamentary Star - white    

Clause  5,  page  3,  line  23,  leave out subsections (4) and (5) and insert—

 

“(4)    

Notwithstanding subsection (5), the Charter of Fundamental Rights continues to

 

apply to retained EU law after exit day save as set out in subsections (5) and (5A)

 

below and all references in the Charter to “the law of the Union” shall be deleted

 

and replaced with “retained EU law”.

 

(5)    

The following provisions of the Charter shall not apply after exit day—

 

(a)    

the Preamble, and

 

(b)    

Title V.

 

(5A)    

Article 47 of the Charter shall apply after exit day as if it was drafted as follows—

 

         

“Right to a fair trial

 

“Everyone whose rights and freedoms guaranteed by retained EU law are

 

violated is entitled to a fair and public hearing within a reasonable time

 

by an independent and impartial tribunal previously established by law.

 

Everyone shall have the possibility of being advised, defended and

 

represented.


 
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Revised 21 December 2017