some default text...

Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

 

Lord Amendments to the European Union (Withdrawal) Bill

[The page and line references are to HL Bill 79, the bill as first printed for the Lords]

Clause 1

1

Page 1, line 2, at end insert—

 

“(1)    

Subsection (2) applies if, and only if, the condition in subsection (3) is met.”

 

2

Page 1, line 3, at end insert—

 

“(3)    

The condition in this subsection is that, by 31 October 2018, a Minister of

 

the Crown has laid before both Houses of Parliament a statement outlining

 

the steps taken in negotiations under Article 50(2) of the Treaty on

 

European Union to negotiate, as part of the framework for the United

 

Kingdom’s future relationship with the European Union, an arrangement

 

which enables the United Kingdom to continue participating in a customs

 

union with the European Union.”

After Clause 3

3

Insert the following new Clause—

 

“Maintenance of EU environmental principles and standards

 

(1)    

The Secretary of State must take steps designed to ensure that the United

 

Kingdom’s withdrawal from the EU does not result in the removal or

 

diminution of any rights, powers, liabilities, obligations, restrictions,

 

remedies and procedures that contribute to the protection and

 

improvement of the environment.

 

(2)    

In particular, the Secretary of State must carry out the activities required by

 

subsections (3) to (5) within the period of six months beginning with the

 

date on which this Act is passed.

 
 

Bill 212                                                                                                        

57/1

 

 
 

2

 
 

(3)    

The Secretary of State must publish proposals for primary legislation to

 

establish a duty on public authorities to apply principles of environmental

 

law established in EU law or on which EU environmental law is based in

 

the exercise of relevant functions after exit day.

 

(4)    

The Secretary of State must publish proposals for primary legislation to

 

establish an independent body with the purpose of ensuring compliance

 

with environmental law by public authorities.

 

(5)    

The Secretary of State must publish—

 

(a)    

a list of statutory functions that can be exercised so as to achieve the

 

objective in subsection (1); and

 

(b)    

a list of functions currently exercised by EU bodies that require to

 

be retained or replicated in UK law in order to achieve the objective

 

in subsection (1).

 

(6)    

The Secretary of State must before 1 January 2020 lay before Parliament a

 

Statement of Environmental Policy which sets out how the principles in

 

subsection (7) will be given effect.

 

(7)    

The principles referred to in subsection (3) include—

 

(a)    

the precautionary principle as it relates to the environment,

 

(b)    

the principle of preventive 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)    

sustainable development,

 

(f)    

prudent and rational utilisation of natural resources,

 

(g)    

public access to environmental information,

 

(h)    

public participation in environmental decision making, and

 

(i)    

access to justice in relation to environmental matters.

 

(8)    

Before complying with subsections (3) to (6) the Secretary of State must

 

consult—

 

(a)    

each of the devolved administrations;

 

(b)    

persons appearing to represent the interests of local government;

 

(c)    

persons appearing to represent environmental interests;

 

(d)    

farmers and land managers; and

 

(e)    

such other persons as the Secretary of State thinks appropriate.”

 

4

Insert the following new Clause—

 

“Enhanced protection for certain areas of EU law

 

(1)    

Following the day on which this Act is passed, a Minister of the Crown may

 

not amend, repeal or revoke retained EU law relating to—

 

(a)    

employment entitlements, rights and protection,

 

(b)    

equality entitlements, rights and protection,

 

(c)    

health and safety entitlements, rights and protection,

 

(d)    

consumer standards, or

 

(e)    

environmental standards and protection,

 
 

 


 
 

3

 
 

    

except by primary legislation, or by subordinate legislation made under

 

any Act of Parliament insofar as this subordinate legislation meets the

 

requirements in subsections (2) to (5).

 

(2)    

Subordinate legislation which amends, repeals or revokes retained EU law

 

in the areas set out in subsection (1) must be subject to an enhanced scrutiny

 

procedure, to be established by regulations made by the Secretary of State.

 

(3)    

Regulations under subsection (2) may not be made unless a draft has been

 

laid before, and approved by a resolution of, each House of Parliament.

 

(4)    

The enhanced scrutiny procedure provided for by subsection (2) must

 

include a period of consultation with relevant stakeholders.

 

(5)    

When making regulations relating to the areas of retained EU law set out

 

in subsection (1), whether under this Act or any other Act of Parliament, a

 

Minister of the Crown must—

 

(a)    

produce an explanatory statement under paragraph 22 of Schedule

 

7, and

 

(b)    

include a certification that the regulation does no more than make

 

technical changes to retained EU law in order for it to work

 

following exit.”

Clause 5

5

Page 3, line 20, leave out subsections (4) and (5) and insert—

 

“( )    

The following provisions of the Charter of Fundamental Rights are not part

 

of domestic law on or after exit day—

 

(a)    

the Preamble, and

 

(b)    

Chapter V.”

Clause 6

6

Page 3, line 34, at beginning insert “Subject to this and subsections (3) to (6),”

 

7

Page 3, line 34, leave out “need not” and insert “may”

 

8

Page 3, line 35, leave out from “the EU” to the end of line 36 and insert “so far as it

 

is relevant to any matter before the court or tribunal.”

After Clause 6

 

 


 
 

4

9

Insert the following new Clause—

 

“Status of retained EU law

 

(1)    

Anything which—

 

(a)    

was, immediately before exit day, primary legislation of a

 

particular kind, subordinate legislation of a particular kind or

 

another enactment of a particular kind, and

 

(b)    

continues to be domestic law on and after exit day by virtue of

 

section 2,

 

    

continues to be domestic law as an enactment of the same kind.

 

(2)    

Retained direct principal EU legislation cannot be modified by any primary

 

or subordinate legislation other than—

 

(a)    

an Act of Parliament,

 

(b)    

any other primary legislation (so far as it has the power to make

 

such a modification), or

 

(c)    

any subordinate legislation so far as it is made under a power which

 

permits such a modification by virtue of—

 

(i)    

paragraph 3A, 3C(3)(a) or (4)(a), 3F(3), 5A(3)(a) or (4)(a),

 

5B(2)(a) or 5C(3) of Schedule 8,

 

(ii)    

any other provision made by or under this Act,

 

(iii)    

any provision made by or under an Act of Parliament

 

passed before, and in the same Session as, this Act, or

 

(iv)    

any provision made on or after the passing of this Act by or

 

under primary legislation.

 

(3)    

Retained direct minor EU legislation cannot be modified by any primary or

 

subordinate legislation other than—

 

(a)    

an Act of Parliament,

 

(b)    

any other primary legislation (so far as it has the power to make

 

such a modification), or

 

(c)    

any subordinate legislation so far as it is made under a power which

 

permits such a modification by virtue of—

 

(i)    

paragraph 3A, 3C(2) or (4)(a), 3F(3), 5A(2) or (4)(a) or 5C(3)

 

of Schedule 8,

 

(ii)    

any other provision made by or under this Act,

 

(iii)    

any provision made by or under an Act of Parliament

 

passed before, and in the same Session as, this Act, or

 

(iv)    

any provision made on or after the passing of this Act by or

 

under primary legislation.

 

(4)    

Anything which is retained EU law by virtue of section 4 cannot be

 

modified by any primary or subordinate legislation other than—

 

(a)    

an Act of Parliament,

 

(b)    

any other primary legislation (so far as it has the power to make

 

such a modification), or

 

(c)    

any subordinate legislation so far as it is made under a power which

 

permits such a modification by virtue of—

 

(i)    

paragraph 3A, 3C(3)(b) or (4)(b), 3F(3), 5A(3)(b) or (4)(b),

 

5B(2)(b) or 5C(3) of Schedule 8,

 

(ii)    

any other provision made by or under this Act,

 

(iii)    

any provision made by or under an Act of Parliament

 

passed before, and in the same Session as, this Act, or

 
 

 


 
 

5

 
 

(iv)    

any provision made on or after the passing of this Act by or

 

under primary legislation.

 

(5)    

For other provisions about the status of retained EU law, see—

 

(a)    

section 5(1) to (3) (status of retained EU law in relation to other

 

enactments or rules of law),

 

(b)    

section 6 (status of retained case law and retained general principles

 

of EU law),

 

(c)    

section 13(2) and Part 2 of Schedule 5 (status of retained EU law for

 

the purposes of the rules of evidence),

 

(d)    

paragraphs 8 and 9 of Schedule 8 (status of certain retained direct

 

EU legislation for the purposes of the Interpretation Act 1978), and

 

(e)    

paragraph 19 of that Schedule (status of retained direct EU

 

legislation for the purposes of the Human Rights Act 1998).

 

(6)    

In this Act—

 

“retained direct minor EU legislation” means any retained direct EU

 

legislation which is not retained direct principal EU legislation;

 

“retained direct principal EU legislation” means—

 

(a)    

any EU regulation so far as it—

 

(i)    

forms part of domestic law on and after exit day by

 

virtue of section 3, and

 

(ii)    

was not EU tertiary legislation immediately before

 

exit day, or

 

(b)    

any Annex to the EEA agreement so far as it—

 

(i)    

forms part of domestic law on and after exit day by

 

virtue of section 3, and

 

(ii)    

refers to, or contains adaptations of, any EU

 

regulation so far as it falls within paragraph (a),

 

(as modified by or under this Act or by other domestic law from

 

time to time).”

Clause 7

10

Page 5, line 3, leave out “the Minister considers appropriate” and insert “is

 

necessary”

 

11

Page 6, line 7, leave out “newly established or”

 

12

Page 6, line 10, leave out from “modified” to the end of line 13

 

13

Page 6, line 15, after “taxation” insert “or fees”

 

14

Page 6, line 17, at end insert—

 

“( )    

establish a public authority,”

 

 
 

 


 
 

6

15

Page 6, line 21, after “repeal” insert “the Scotland Act 1998, the Government of

 

Wales Act 2006 or”

 

16

Page 6, line 23, leave out from “repealing” to “any” in line 24

 

17

Page 6, line 24, leave out “that Act” and insert “those Acts”

Clause 8

18

Leave out Clause 8

Before Clause 9

19

Insert the following new Clause—

 

“Parliamentary approval of the outcome of negotiations with the European

 

Union

 

(1)    

Without prejudice to any other statutory provision relating to the

 

withdrawal agreement, Her Majesty’s Government may conclude such an

 

agreement only if a draft has been—

 

(a)    

approved by a resolution of the House of Commons, and

 

(b)    

subject to the consideration of a motion in the House of Lords.

 

(2)    

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

 

the resolution provided for in subsection (1)(a) to be debated and voted on

 

before the European Parliament has debated and voted on the draft

 

withdrawal agreement.

 

(3)    

Her Majesty’s Government may implement a withdrawal agreement only

 

if Parliament has approved the withdrawal agreement and any transitional

 

measures agreed within or alongside it by an Act of Parliament.

 

(4)    

Subsection (5) applies in each case that any of the conditions in subsections

 

(6) to (8) is met.

 

(5)    

Her Majesty’s Government must follow any direction in relation to the

 

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

 

has been—

 

(a)    

approved by a resolution of the House of Commons, and

 

(b)    

subject to the consideration of a motion in the House of Lords.

 

(6)    

The condition in this subsection is that the House of Commons has not

 

approved the resolution required under subsection (1)(a) by 30 November

 

2018.

 

(7)    

The condition in this subsection is that the Act of Parliament required

 

under subsection (3) has not received Royal Assent by 31 January 2019.

 

(8)    

The condition in this subsection is that no withdrawal agreement has been

 

reached between the United Kingdom and the European Union by 28

 

February 2019.

 
 

 


 
 

7

 
 

(9)    

In this section, “withdrawal agreement” means an agreement (whether or

 

not ratified) between the United Kingdom and the EU under Article 50(2)

 

of the Treaty on European Union which sets out the arrangements for the

 

United Kingdom’s withdrawal from the EU and the framework for the

 

United Kingdom’s future relationship with the European Union.”

Clause 9

20

Page 7, line 7, after “to” insert—

 

“(a)    

approval by Parliament of a mandate for negotiations about the

 

United Kingdom’s future relationship with the EU; and

 

(b)    

 

21

Page 7, line 11, leave out “(including modifying this Act)”

 

22

Page 7, line 13, after “taxation” insert “or fees”

 

23

Page 7, line 15, after “offence,” insert—

 

“( )    

establish a public authority,”

After Clause 9

24

Insert the following new Clause—

 

“Maintenance of refugee family unity within Europe

 

(1)    

A Minister of the Crown must make appropriate arrangements with the

 

aim of preserving specified effects in the United Kingdom of Regulation

 

(EU) No. 604/2013 (the “Dublin Regulation”), including through

 

negotiations with the EU.

 

(2)    

“Specified effects” under subsection (1) are those provisions, and

 

associated rights and obligations, that allow for those seeking asylum,

 

including unaccompanied minors, adults and children, to join a family

 

member, sibling or relative in the United Kingdom.

 

(3)    

Within six months of the passing of this Act, and then every six months

 

thereafter, a Minister of the Crown must report to Parliament on progress

 

made in negotiations to secure the continuation of reciprocal arrangements

 

between the United Kingdom and member States as they relate to

 

subsection (1).”

Before Clause 10

 

 


 
Back to StartNext
 

Revised 16 May 2018