Notices of Amendments: 7 June 2018                     

29

European Union (Withdrawal) Bill, continued

As an Amendment 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.”

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”

Notices of Amendments: 7 June 2018                     

30

European Union (Withdrawal) Bill, continued

Lords Amendment No. 4

Secretary David Davis

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

Lords Amendment No. 3

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

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:—

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

(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,

Notices of Amendments: 7 June 2018                     

31

European Union (Withdrawal) Bill, continued

(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),

(e)    

such other provisions as the Secretary of State considers appropriate.

(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

(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,

Notices of Amendments: 7 June 2018                     

32

European Union (Withdrawal) Bill, continued

(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.

(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

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33

European Union (Withdrawal) Bill, continued

(f)    

the integration principle, which requires that environmental protection

requirements must be integrated into the definition and implementation

of policies and activities.”

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

(d)

Page  15,  line  13,  at end insert—

“( )    

section (Maintenance of environmental principles etc.),”

Lords Amendment No. 24

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

“Family unity for those seeking asylum or other protection in Europe

(1)    

A Minister of the Crown must seek to negotiate, on behalf of the United

Kingdom, an agreement with the EU under which, after the United Kingdom’s

withdrawal from the EU, in accordance with the agreement—

(a)    

an unaccompanied child who has made an application for international

protection to a member State may, if it is in the child’s best interests,

come to the United Kingdom to join a relative who is aged 18 or over

and—

(i)    

is a lawful resident of the United Kingdom, or

(ii)    

has made a protection claim which has not been decided, and

(b)    

an unaccompanied child in the United Kingdom, who has made a

protection claim, may go to a member State to join a relative there, in

equivalent circumstances.

Notices of Amendments: 7 June 2018                     

34

European Union (Withdrawal) Bill, continued

(2)    

For the purposes of subsection (1)(a)(i) a person is not a lawful resident of the

United Kingdom if the person requires leave to enter or remain in the United

Kingdom but does not have it.

(3)    

For the purposes of subsection (1)(a)(ii), a protection claim is decided—

(a)    

when the Secretary of State notifies the claimant of the Secretary of

State’s decision on the claim, unless the claimant appeals against the

decision, or

(b)    

if the claimant appeals against the Secretary of State’s decision on the

claim, when the appeal is disposed of.

(4)    

In this section—

“application for international protection” has the meaning given by Article

2(h) of Directive 2011/95/EU of the European Parliament and of the

Council on standards for the qualification of third-country nationals or

stateless persons as beneficiaries of international protection, for a

uniform status for refugees or for persons eligible for subsidiary

protection, and for the content of the protection granted;

“protection claim” has the same meaning as in Part 5 of the Nationality,

Immigration and Asylum Act 2002 (see section 82(2) of that Act);

“relative”, in relation to an unaccompanied child, means—

(a)    

a spouse or civil partner of the child or any person with whom the

child has a durable relationship that is similar to marriage or civil

partnership, or

(b)    

a parent, grandparent, brother or sister of the child;

“unaccompanied child” means a person under the age of 18 (“the child”)

who is not in the care of a person who—

(a)    

is aged 18 or over, and

(b)    

by law or custom of the country or territory in which the child is

present, has responsibility for caring for the child.”

Secretary David Davis

(b)

Page  15,  line  13,  at end insert—

“( )    

section (Family unity for those seeking asylum or other protection in

Europe),”

Lords Amendment No. 32

Secretary David Davis

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

Notices of Amendments: 7 June 2018                     

35

European Union (Withdrawal) Bill, continued

European Union (Withdrawal) BILL PROGRAMME (NO. 3)

Secretary David Davis

That the following provisions shall apply to the European Union (Withdrawal) Bill for

the purpose of supplementing the Orders of 11 September 2017 (European Union

(Withdrawal) Bill (Programme)) and 16 January 2018 (European Union (Withdrawal)

Bill (Programme) (No.2)):

Consideration of Lords Amendments

1.    

Proceedings on consideration of Lords Amendments shall be completed in

two days.

2.    

The proceedings shall be taken in the order shown in the first column of the

following Table.

3.    

The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

        TABLE

NOTICES WITHDRAWN

The following Notices were withdrawn on 7 June 2018:

Amendments to the Bill in lieu of Lords Amendment 3, (a) and (b)