1

House of Commons

Tuesday 12 June 2018

Consideration of Lords Amendments

New Amendments handed in are marked thus

Amendments tabled since the last publication: (a) and (b) in lieu of LA1 and LA2, and (i) and (ii)

to (a) in lieu of LA19

European Union (Withdrawal) Bill

On Consideration of Lords Amendments to the European Union (Withdrawal) Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end.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

accordance with the European Union (Withdrawal) (Programme (No.3)) Motion to

be proposed by Secretary David Davis.

Lords Amendment No. 110

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Consideration of Lords Amendments: 12 June 2018            

2

European Union (Withdrawal) Bill, continued

Lords Amendment No. 128

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 37

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 39

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 125

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Consideration of Lords Amendments: 12 June 2018            

3

European Union (Withdrawal) Bill, continued

Lords Amendment No. 19

As an Amendment to the Lords Amendment:—

Tom Brake

Sir Vince Cable

Tim Farron

Sir Edward Davey

Wera Hobhouse

Layla Moran

Jamie Stone

Caroline Lucas

Jonathan Edwards

Jo Swinson

Owen Smith

Mr Alastair Carmichael

Christine Jardine

Norman Lamb

Geraint Davies

Hywel Williams

Catherine West

Neil Coyle

Mike Gapes

Mr Roger Godsiff

Mr David Lammy

Mr Ben Bradshaw

(a)

Page  6,  line  10,  at end insert—

“( )    

Any resolution considered by the House of Commons under subsection (5)(a)

may include the option to hold a referendum on whether the United Kingdom

should accept the outcome of negotiations between the Government and the EU

under Article 50 (2) of the Treaty of European Union, or seek to remain in the EU

by revoking the notification of withdrawal from the EU under Article 50.”

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Secretary David Davis

To move the following Amendments to the Bill in lieu of the Lords Amendment:—

Secretary David Davis

(a)

Page  8,  line  43,  at end insert the following Clause—

“Parliamentary approval of the outcome of negotiations with the EU

(1)    

The withdrawal agreement may be ratified only if— 

(a)    

a Minister of the Crown has laid before each House of Parliament—

(i)    

a statement that political agreement has been reached,

(ii)    

a copy of the negotiated withdrawal agreement, and

(iii)    

a copy of the framework for the future relationship,

(b)    

the negotiated withdrawal agreement and the framework for the future

relationship have been approved by a resolution of the House of

Commons on a motion moved by a Minister of the Crown,

(c)    

a motion for the House of Lords to take note of the negotiated withdrawal

agreement and the framework for the future relationship has been tabled

in the House of Lords by a Minister of the Crown and—

(i)    

the House of Lords has debated the motion, or

(ii)    

the House of Lords has not concluded a debate on the motion

before the end of the period of five sitting days beginning with

Consideration of Lords Amendments: 12 June 2018            

4

European Union (Withdrawal) Bill, continued

the first sitting day after the day on which the House of

Commons passes the resolution mentioned in paragraph (b), and

(d)    

an Act of Parliament has been passed which contains provision for the

implementation of the withdrawal agreement.

(2)    

So far as practicable, a Minister of the Crown must make arrangements for the

motion mentioned in subsection (1)(b) to be debated and voted on by the House

of Commons before the European Parliament decides whether it consents to the

withdrawal agreement being concluded on behalf of the EU in accordance with

Article 50(2) of the Treaty on European Union.

(3)    

Subsection (4) applies if the House of Commons decides not to pass the resolution

mentioned in subsection (1)(b).

(4)    

A Minister of the Crown must, within the period of 28 days beginning with the

day on which the House of Commons decides not to pass the resolution, make a

statement setting out how Her Majesty’s Government proposes to proceed in

relation to negotiations for the United Kingdom’s withdrawal from the EU under

Article 50(2) of the Treaty on European Union.

(5)    

A statement under subsection (4) must be made in writing and be published in

such manner as the Minister making it considers appropriate.

(6)    

This section does not affect the operation of Part 2 of the Constitutional Reform

and Governance Act 2010 (ratification of treaties) in relation to the withdrawal

agreement.

(7)    

In this section—

“framework for the future relationship” means the document or documents

identified, by the statement that political agreement has been reached, as

reflecting the agreement in principle on the substance of the framework

for the future relationship between the EU and the United Kingdom after

withdrawal;

“negotiated withdrawal agreement” means the draft of the withdrawal

agreement identified by the statement that political agreement has been

reached;

“ratified”, in relation to the withdrawal agreement, has the same meaning as

it does for the purposes of Part 2 of the Constitutional Reform and

Governance Act 2010 in relation to a treaty (see section 25 of that Act);

“sitting day” means a day on which the House of Lords is sitting (and a day

is only a day on which the House of Lords is sitting if the House begins

to sit on that day);

“statement that political agreement has been reached” means a statement

made in writing by a Minister of the Crown which—

(a)    

states that, in the Minister’s opinion, an agreement in principle

has been reached in negotiations under Article 50(2) of the

Treaty on European Union on the substance of—

(i)    

the arrangements for the United Kingdom’s withdrawal

from the EU, and

(ii)    

the framework for the future relationship between the

EU and the United Kingdom after withdrawal,

(b)    

identifies a draft of the withdrawal agreement which, in the

Minister’s opinion, reflects the agreement in principle so far as

relating to the arrangements for withdrawal, and

(c)    

identifies one or more documents which, in the Minister’s

opinion, reflect the agreement in principle so far as relating to the

framework.”

Consideration of Lords Amendments: 12 June 2018            

5

European Union (Withdrawal) Bill, continued

As Amendments to Secretary David Davis’s proposed Amendment (a) in lieu of the

Lords Amendment:—

        Mr Dominic Grieve

(i)

Line  28,  leave out “28” and insert “21”

        Mr Dominic Grieve

(ii)

Line  34,  at end insert—

“(5A)    

Within seven days of a statement under subsection (4) being laid, a Minister of

the Crown must move a motion in the House of Commons to seek approval of the

Government’s approach.

(5B)    

In the event of no political agreement having been reached on a withdrawal

agreement by the end of 30 November 2018, a Minister of the Crown must move

a motion in the House of Commons setting out how the Government intends to

proceed and seeking the approval of the House for that course of action.

(5C)    

If no political agreement has been reached on a withdrawal agreement by the end

of 15 February 2019, the Government must bring the matter before both Houses

of Parliament within five days and must follow any direction in relation to the

negotiations under Article 50(2) of the Treaty of European Union which has

been—

(a)    

approved by a resolution of the House of Commons, and

(b)    

the subject of a motion which has either been debated in the House of

Lords, or upon which the House of Lords has not concluded a debate on

the motion before the end of the period of five sitting days beginning with

the first sitting day after the day on which the House of Commons passes

the resolution mentioned in paragraph (a).”

Secretary David Davis

(b)

Page  15,  line  12,  at end insert—

“( )    

section (Parliamentary approval of the outcome of negotiations with the

EU),”

Lords Amendment No. 52

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Consideration of Lords Amendments: 12 June 2018            

6

European Union (Withdrawal) Bill, continued

Lords Amendment No. 10

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 43

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 45

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 20

Secretary David Davis

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment No. 25

As Amendments to the Lords Amendment:—

Secretary David Davis

(a)

Line  11,  leave out “8,”.

Consideration of Lords Amendments: 12 June 2018            

7

European Union (Withdrawal) Bill, continued

Secretary David Davis

(b)

Line  11,  leave out “17” and insert “17(1) or (5)”.

Secretary David Davis

(c)

Line  12,  leave out from “co-operation” to “, or” in line 15 and insert “provided

for by the Belfast Agreement (as defined by section 98 of the Northern Ireland

Act 1998)”.

Secretary David Davis

(d)

Line  17,  leave out from “feature” to end of line 22 and insert “physical

infrastructure, including border posts, or checks and controls”.

Secretary David Davis

(e)

Line  23,  leave out from second “not” to end of line 24 and insert “in accordance

with an agreement between the United Kingdom and the EU”.

Lords Amendment No. 26

As Amendments to the Lords Amendment:—

Liz Saville Roberts

Ian Blackford

Hywel Williams

Jonathan Edwards

Ben Lake

Kirsty Blackman

Patrick Grady

Deirdre Brock

Stephen Gethins

Caroline Lucas

(a)

Page  7,  line  1,  leave out from “to” to end and add “(5) 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”.”.”