Lords Amendments to Clause 9: Implementing the withdrawal agreement
Lords Amendment 19*
41 Lords Amendment 19 would provide that the Government may conclude a withdrawal agreement only if a draft has been (a) approved by a resolution in the House of Commons, and (b) subject to the consideration of a motion in the House of Lords.
42 It would also provide that, so far as practicable, a Minister of the Crown must make arrangements for the resolution provided for in the amendment to be debated and voted on before the European Parliament has debated and voted on the draft withdrawal agreement.
43 It would also prevent the Government from implementing a withdrawal agreement unless Parliament has approved the withdrawal agreement and any transitional measures agreed within or alongside it by an Act of Parliament.
44 If certain conditions are met, the amendment would also give Parliament the power to give binding directions to the Government in relation to negotiations with the EU under Article 50. Those directions must be approved by a resolution of the House of Commons and be subject to the consideration of a motion in the House of Lords.
45 The conditions mentioned above would be that (a) the House of Commons has not approved the resolution required under the amendment by 30 November 2018; (b) the Act of Parliament required under the amendment has not received Royal Assent by 31 January 2019; or (c) no withdrawal agreement has been reached between the UK and the EU by 28 February 2019.
46 The term "withdrawal agreement" would also be redefined for the purposes of this clause to mean an agreement (whether or not ratified) between the UK and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the UK’s withdrawal from the EU and the framework for the UK’s future relationship with the EU.
Lords Amendment 20*
47 Lords Amendment 20 would make the use of the power to implement the withdrawal agreement contingent upon Parliamentary approval of a mandate for negotiations on the UK’s future relationship with the EU.
Lords Amendment 21
48 Lords Amendment 21 would prevent the power to implement the withdrawal agreement from amending the EU (Withdrawal) Act itself.
Lords Amendment 22
49 Lords Amendment 22 would prevent the power to implement the withdrawal agreement from imposing or increasing fees. The power could still be used to repeal fees regimes that are no longer needed, reduce fees and make amendments to pre-exit powers to provide for fees.
Lords Amendment 23
50 Lords Amendment 23 would prevent the establishment of public authorities in the UK using the withdrawal agreement power.
Lords Amendment 24*
51 Lords Amendment 24 aims to preserve certain identified aspects of the Dublin III Regulation1 following the UK’s exit from the EU, specifically those which enable the transfer of asylum seekers to the UK on the basis of a family relationship with someone present in the UK. It would commit the UK to conducting negotiations with the EU with the stated aim of preserving those aspects of the Dublin III Regulation. Additionally, it would commit the Government to report to Parliament every six months on the progress of these negotiations with the EU.
1 Dublin Regulation (Regulation No. 604/2013)