Session 2017-19
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1

 

House of Commons

 
 

Wednesday 13 June 2018

 

Consideration of Lords Amendments

 

European Union (Withdrawal) Bill


 

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

 


 

Note

 

This document includes all remaining amendments and includes any withdrawn

 

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

 

with the Order of the House [12 June 2018].

 

 


 

Lords Amendment No. 51

 

As Amendments to the Lords Amendment:—

 

Jeremy Corbyn

 

Keir Starmer

 

John McDonnell

 

Barry Gardiner

 

Peter Dowd

 

Mr Nicholas Brown

Helen Goodman

 

(a)

 

Line  3,  leave out “an international agreement has been made which enables the

 

United Kingdom to continue to participate in the European Economic Area after

 

exit day” and insert “the United Kingdom has full access to the internal market

 

of the European Union, underpinned by shared institutions and regulations, with

 

no new impediments to trade and common rights, standards and protections as

 

a minimum.”


 
 

Consideration of Lords Amendments: 13 June 2018            

2

 

European Union (Withdrawal) Bill, continued

 
 

Yvette Cooper

 

Hilary Benn

 

Seema Malhotra

 

(b)

 

Line  5,  after “Area”, insert “with appropriate safeguard measures”

 

Secretary David Davis

 

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

 

 


 

Lords Amendment No. 1

 

As an Amendment to the Lords Amendment:—

 

Liz Saville Roberts

 

Hywel Williams

 

Jonathan Edwards

 

Ben Lake

 

(a)

 

Line  2,  leave out “condition in subsection (3)” and insert “conditions in

 

subsections (3) and (4)”.

 

Secretary David Davis

 

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

 

 


 

Lords Amendment No. 2

 

As an Amendment to the Lords Amendment:—

 

Liz Saville Roberts

 

Hywel Williams

 

Jonathan Edwards

 

Ben Lake

 

Tom Brake

 

(a)

 

Line  8,  at end add—

 

“(4)    

For the purposes of subsection (3), “a customs union with the European Union”

 

means the European Union Customs Union.”


 
 

Consideration of Lords Amendments: 13 June 2018            

3

 

European Union (Withdrawal) Bill, continued

 
 

Secretary David Davis

 

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

 

To move the following Amendments to the Bill in lieu of the Lords Amendments Nos. 1

 

and 2:—

 

Secretary David Davis

 

Sir Oliver Letwin

 

Nicky Morgan

 

Sir William Cash

 

Mr Jacob Rees-Mogg

 

Stephen Hammond

Mr John Hayes

 

Mr John Baron                                                            

Theresa Villiers

Antoinette Sandbach

Paul Masterton

Robert Neill

Damian Green

Sir Bernard Jenkin

Mr Iain Duncan Smith

 

(a)

 

Page  9,  line  21,  at end insert the following Clause—

 

         

“Customs arrangement as part of the framework for the future relationship

 

(1)    

A Minister of the Crown must lay before each House of Parliament a statement

 

in writing outlining the steps taken by Her Majesty’s Government, in negotiations

 

under Article 50(2) of the Treaty on European Union, to seek to negotiate an

 

agreement, as part of the framework for the United Kingdom’s future relationship

 

with the EU, for the United Kingdom to participate in a customs arrangement

 

with the EU.

 

(2)    

The statement under subsection (1) must be laid before both Houses of Parliament

 

before the end of 31 October 2018.”

 

Secretary David Davis

 

Sir Oliver Letwin

 

Nicky Morgan

 

Sir William Cash

 

Mr Jacob Rees-Mogg

 

Stephen Hammond

Mr John Hayes

 

Mr John Baron                                                            

Theresa Villiers

Antoinette Sandbach

Paul Masterton

Robert Neill

Damian Green

Sir Bernard Jenkin

Mr Iain Duncan Smith

 

(b)

 

Page  15,  line  13,  at end insert—

 

“( )    

section (Customs arrangement as part of the framework for the future

 

relationship),”.

 

 



 
 

Consideration of Lords Amendments: 13 June 2018            

4

 

European Union (Withdrawal) Bill, continued

 
 

Lords Amendment No. 5

 

Secretary David Davis

 

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

 

 


 

Lords Amendment No. 53

 

Secretary David Davis

 

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

 

Secretary David Davis

 

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

 

Secretary David Davis

 

(a)

 

Page  64      ,  line  15  ,  leave out “3 months” and insert “three years”

 

 


 

Lords Amendment No. 4

 

Secretary David Davis

 

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

 

 



 
 

Consideration of Lords Amendments: 13 June 2018            

5

 

European Union (Withdrawal) Bill, continued

 
 

Lords Amendment No. 3

 

Secretary David Davis

 

Sir Oliver Letwin

 

Zac Goldsmith

 

Richard Benyon

 

Justine Greening

 

Mr Bernard Jenkin

Sir Nicholas Soames

Peter Aldous

Alex Chalk

Antoinette Sandbach

Mrs Anne Main

Mr Simon Clarke

Derek Thomas

Dr Matthew Offord

Mr Andrew Mitchell

Mrs Sheryll Murray

John Penrose

Dame Caroline Spelman

Dr Sarah Wollaston

Colin Clark

Jeremy Lefroy

Mr Kenneth Clarke

Vicky Ford

Andrew Selous

 

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

 

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

 

Secretary David Davis

 

Sir Oliver Letwin

 

Zac Goldsmith

 

Richard Benyon

 

Justine Greening

 

Mr Bernard Jenkin

Sir Nicholas Soames

Peter Aldous

Alex Chalk

Antoinette Sandbach

Mrs Anne Main

Mr Simon Clarke

Derek Thomas

Dr Matthew Offord

Mr Andrew Mitchell

Mrs Sheryll Murray

John Penrose

Dame Caroline Spelman

Dr Sarah Wollaston

Colin Clark

Jeremy Lefroy

Mr Kenneth Clarke

Vicky Ford

Andrew Selous

 

(c)

 

Page  9,  line  21,  at end insert the following Clause—

 

         

“Maintenance of environmental principles etc.

 

(1)    

The Secretary of State must, within the period of six months beginning with the

 

day on which this Act is passed, publish a draft Bill consisting of—

 

(a)    

a set of environmental principles,

 

(b)    

a duty on the Secretary of State to publish a statement of policy in relation

 

to the application and interpretation of those principles in connection

 

with the making and development of policies by Ministers of the Crown,

 

(c)    

a duty which ensures that Ministers of the Crown must have regard, in

 

circumstances provided for by or under the Bill, to the statement

 

mentioned in paragraph (b),

 

(d)    

provisions for the establishment of a public authority with functions for

 

taking, in circumstances provided for by or under the Bill, proportionate

 

enforcement action (including legal proceedings if necessary) where the

 

authority considers that a Minister of the Crown is not complying with

 

environmental law (as it is defined in the Bill), and

 

(e)    

such other provisions as the Secretary of State considers appropriate.


 
 

Consideration of Lords Amendments: 13 June 2018            

6

 

European Union (Withdrawal) Bill, continued

 
 

(2)    

The set of environmental principles mentioned in subsection (1)(a) must

 

(however worded) consist of—

 

(a)    

the precautionary principle so far as relating to the environment,

 

(b)    

the principle of preventative action 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 of sustainable development,

 

(f)    

the principle that environmental protection requirements must be

 

integrated into the definition and implementation of policies and

 

activities,

 

(g)    

public access to environmental information,

 

(h)    

public participation in environmental decision-making, and

 

(i)    

access to justice in relation to environmental matters.”

 

Mary Creagh

 

Anna Turley

 

Daniel Zeichner

 

Gareth Thomas

 

Martin Whitfield

 

Peter Kyle

Liz Kendall

Alex Sobel

Kate Green

Ann Coffey

Seema Malhotra

Mrs Madeleine Moon

Tulip Siddiq

Geraint Davies

Rushanara Ali

Catherine West

Chuka Umunna

Stephen Doughty

Matt Western

Mike Gapes

Ruth Cadbury

Angela Smith

Catherine McKinnell

Darren Jones

Caroline Lucas

 

(e)

 

Page  9,  line  21,  at end insert the following Clause—

 

         

“Environmental Governance and Enforcement after leaving the EU

 

(1)    

Before making regulations specifying exit day under section 14, the Secretary of

 

State must prepare and publish proposals for a new public body (the

 

‘Environmental Protection Agency’) which will have the purposes, powers and

 

form specified in this section.

 

(2)    

The Environmental Protection Agency shall at minimum have the following

 

purposes—

 

(a)    

to enforce the implementation of environmental law by public

 

authorities,

 

(b)    

to uphold environmental rights,

 

(c)    

to oversee implementation of environmental law,

 

(d)    

to produce and receive reports about the condition of the environment,

 

(e)    

to provide citizens with a free and accessible way of raising complaints

 

relating to alleged breaches of environmental law,

 

(f)    

to provide advice and information to Ministers about how best to

 

implement policies promoting environmental principles, and

 

(g)    

to conduct investigations into matters relating to the environment as

 

requested by select committees of the House of Commons, committees

 

of the House of Lords, or petitions received by the House of Commons.


 
 

Consideration of Lords Amendments: 13 June 2018            

7

 

European Union (Withdrawal) Bill, continued

 
 

(3)    

The Secretary of State must set out the steps he will take to ensure the

 

Environmental Protection Agency shall have at minimum the following

 

powers—

 

(a)    

to conduct thematic inquiries into systematic failures to implement or

 

comply with environmental law by public authorities,

 

(b)    

to issue formal notices to public authorities requiring action,

 

(c)    

to apply—

 

(i)    

in England, Wales and Northern Ireland, to the county court for

 

an injunction compelling or restraining action by a public

 

authority, and

 

(ii)    

in Scotland, to the Sheriff for an interdict prohibiting or

 

compelling action by a public authority,

 

(d)    

to issue structural injunctions requiring Ministers to take steps to ensure

 

Government policy does not conflict with the environmental principles,

 

(e)    

to fine public authorities for failures to comply with structural

 

injunctions.

 

(4)    

The Secretary of State must take steps to ensure that the Environmental

 

Protection Agency is constituted in such a way that—

 

(a)    

it may discharge its duties without interference from Ministers or other

 

public authorities,

 

(b)    

it is primarily accountable to Parliament,

 

(c)    

it receives a level of funding necessary to carry out its duties, and

 

(d)    

a Minister of the Crown may not change the Environmental Protection

 

Agency’s constitution.

 

(5)    

The Secretary of State must take steps to ensure that a set of robust environmental

 

principles are clearly set out, enforced and that where any public authority fails

 

to comply with the environmental principles the Environmental Protection

 

Agency may use powers listed under subsection (3) to enforce compliance as

 

soon as is practicable.

 

(6)    

In this section, ‘the environmental principles’ means a set of objectives for

 

government policy and the activities and policies of public authorities, including

 

but not limited to—

 

(a)    

the sustainable development principle, which requires that the policies

 

and activities of public authorities do not harm the ability of future

 

generations to meet their needs,

 

(b)    

the precautionary principle, which requires that where there are threats of

 

serious or irreversible environmental damage, lack of full scientific

 

certainty shall not be used as a reason for postponing cost-effective

 

measures to prevent environmental degradation,

 

(c)    

the prevention principle, which requires preventative action to be taken

 

to avert environmental damage,

 

(d)    

the polluter pays principle, which requires the cost of pollution control

 

and remediation to be borne by those who have caused the pollution,

 

(e)    

the rectification at source principle, which requires that environmental

 

damage should as a priority be rectified by targeting its original cause and

 

taking preventive action at source, and

 

(f)    

the integration principle, which requires that environmental protection

 

requirements must be integrated into the definition and implementation

 

of policies and activities.”


 
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Revised 12 June 2018