Session 2017-19
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Other Bills before Parliament


 
 

 

European Union (Withdrawal) Bill

lords NON-INSISTENCE, AGREEMENT, AMENDMENTS IN LIEU AND

AMENDMENTS TO AMENDMENTS

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

LORDS AMENDMENT 4

After Clause 3

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,

    

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.”

 

 


 
 

2

 
 

COMMONS REASON

 

The Commons disagree to Lords Amendment 4 for the following Reason—

4A

Because the Bill already contains sufficient protection for the areas of EU law concerned.

 

LORDS NON-INSISTENCE AND AMENDMENTS IN LIEU

 

 

The Lords do not insist on their Amendment 4, to which the Commons have disagreed for

 

their Reason 4A, and do propose Amendment 4B as an amendment to the Bill, and

 

Amendments 4C to 4E as amendments to their Amendments 9, 161 and 162, in lieu—

 

 

4B

 

Page 56, line 32, at end insert—

 

“Affirmative procedure for instruments which amend or revoke subordinate legislation

 

made under section 2(2) of the ECA (including subordinate legislation implementing EU

 

directives)

 

5CA(1)  

A statutory instrument which—

 

(a)    

is to be made on or after exit day by a Minister of the Crown

 

under a power conferred before the beginning of the Session in

 

which this Act is passed,

 

(b)    

is not to be made jointly with any person who is not a Minister of

 

the Crown,

 

(c)    

amends or revokes any subordinate legislation made under

 

section 2(2) of the European Communities Act 1972, and

 

(d)    

would otherwise be subject to a lower procedure before each

 

House of Parliament and no procedure before any other

 

legislature,

 

            

may not be made unless a draft of the instrument has been laid before,

 

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

 

      (2)  

Sub-paragraph (1) has effect instead of any other provision which would

 

otherwise apply in relation to the procedure for such an instrument

 

before each House of Parliament but does not affect any other

 

requirements which apply in relation to making, confirming or

 

approving the instrument.

 

      (3)  

Any provision which—

 

(a)    

may be made under the power mentioned in sub-paragraph

 

(1)(a),

 

(b)    

is not provision which falls within sub-paragraph (1)(c), and

 

(c)    

is subject to a lower procedure than the procedure provided for

 

by sub-paragraph (1),

 

            

may be included in an instrument to which sub-paragraph (1) applies

 

(and is accordingly subject to the procedure provided for by that sub-

 

paragraph instead of the lower procedure).

 

      (4)  

If a draft of a statutory instrument which—

 

(a)    

is to be made on or after exit day by a Minister of the Crown

 

under a power conferred before the beginning of the Session in

 

which this Act is passed,

 
 

 


 
 

3

 
 

(b)    

is not to be made jointly with any person who is not a Minister of

 

the Crown,

 

(c)    

amends or revokes any provision, made otherwise than under

 

section 2(2) of the European Communities Act 1972 (whether or

 

not by way of amendment), of subordinate legislation made

 

under that section, and

 

(d)    

would otherwise be subject to a lower procedure before each

 

House of Parliament and no procedure before any other

 

legislature,

 

            

is laid before, and approved by a resolution of, each House of

 

Parliament, then the instrument is not subject to the lower procedure.

 

      (5)  

This paragraph applies to an instrument which is subject to a procedure

 

before the House of Commons only as it applies to an instrument which

 

is subject to a procedure before each House of Parliament but as if the

 

references to each House of Parliament were references to the House of

 

Commons only.

 

      (6)  

For the purposes of this paragraph, the order of procedures is as follows

 

(the highest first)—

 

(a)    

a procedure which requires a statement of urgency before the

 

instrument is made and the approval of the instrument after it is

 

made to enable it to remain in force,

 

(b)    

a procedure which requires the approval of the instrument in

 

draft before it is made,

 

(c)    

a procedure not falling within paragraph (a) which requires the

 

approval of the instrument after it is made to enable it to come

 

into, or remain in, force,

 

(d)    

a procedure which provides for the annulment of the instrument

 

after it is made,

 

(e)    

a procedure not falling within any of the above paragraphs

 

which provides for the laying of the instrument after it is made,

 

(f)    

no procedure.

 

      (7)  

For the purposes of this paragraph a power is conferred whether or not

 

it is in force.

 

      (8)  

References in this paragraph, other than in sub-paragraph (4), to

 

subordinate legislation made under section 2(2) of the European

 

Communities Act 1972—

 

(a)    

do not include references to any provision of such legislation

 

which is made (whether or not by way of amendment) otherwise

 

than under section 2(2) of that Act, and

 

(b)    

do include references to subordinate legislation made otherwise

 

than under section 2(2) of that Act so far as that legislation is

 

amended by provision made under that section (but do not

 

include references to any primary legislation so far as so

 

amended).

 

      (9)  

This paragraph is subject to any other provision made by or under this

 

Act or any other enactment.

 
 

 


 
 

4

 
 

Enhanced scrutiny procedure for instruments which amend or revoke subordinate

 

legislation under section 2(2) of the ECA (including subordinate legislation implementing

 

EU directives)

 

5CB(1)  

This paragraph applies where, on or after exit day—

 

(a)    

a statutory instrument which—

 

(i)    

amends or revokes subordinate legislation made under

 

section 2(2) of the European Communities Act 1972, and

 

(ii)    

is made under a power conferred before the beginning of

 

the Session in which this Act is passed, or

 

(b)    

a draft of such an instrument,

 

            

is to be laid before each House of Parliament and subject to no procedure

 

before any other legislature.

 

      (2)  

The relevant authority must publish, in such manner as the relevant

 

authority considers appropriate, a draft of the instrument at least 28 days

 

before the instrument or draft is laid.

 

      (3)  

The relevant authority must make a scrutiny statement before the

 

instrument or draft is laid.

 

      (4)  

A scrutiny statement is a statement—

 

(a)    

setting out the steps which the relevant authority has taken to

 

make the draft instrument published in accordance with sub-

 

paragraph (2) available to each House of Parliament,

 

(b)    

containing information about the relevant authority’s response

 

to—

 

(i)    

any recommendations made by a committee of either

 

House of Parliament about the published draft

 

instrument, and

 

(ii)    

any other representations made to the relevant authority

 

about the published draft instrument, and

 

(c)    

containing any other information that the relevant authority

 

considers appropriate in relation to the scrutiny of the

 

instrument or draft instrument which is to be laid.

 

      (5)  

A scrutiny statement must be in writing and must be published in such

 

manner as the relevant authority considers appropriate.

 

      (6)  

Sub-paragraphs (2) to (5) do not apply if the relevant authority—

 

(a)    

makes a statement in writing to the effect that the relevant

 

authority is of the opinion that, by reason of urgency, sub-

 

paragraphs (2) to (5) should not apply, and

 

(b)    

publishes the statement in such manner as the relevant authority

 

considers appropriate.

 

      (7)  

This paragraph does not apply in relation to any laying before each

 

House of Parliament of an instrument or draft instrument where an

 

equivalent draft instrument (ignoring any differences relating to

 

procedure) has previously been laid before both Houses.

 

      (8)  

This paragraph applies to an instrument which is subject to a procedure

 

before the House of Commons only as it applies to an instrument which

 

is subject to a procedure before each House of Parliament but as if

 

references to each or either House of Parliament, or both Houses, were

 

references to the House of Commons only.

 
 

 


 
 

5

 
 

      (9)  

For the purposes of this paragraph—

 

(a)    

a power is conferred whether or not it is in force,

 

(b)    

the draft instrument published under sub-paragraph (2) need not

 

be identical to the final version of the instrument or draft

 

instrument as laid,

 

(c)    

where an instrument or draft is laid before each House of

 

Parliament on different days, the earlier day is to be taken as the

 

day on which it is laid before both Houses, and

 

(d)    

in calculating the period of 28 days, no account is to be taken of

 

any time during which—

 

(i)    

Parliament is dissolved or prorogued, or

 

(ii)    

either House of Parliament is adjourned for more than

 

four days.

 

    (10)  

Sub-paragraph (8) of paragraph 5CA applies for the purposes of this

 

paragraph as it applies for the purposes of sub-paragraph (1) of that

 

paragraph.

 

    (11)  

In this paragraph “the relevant authority” means—

 

(a)    

in the case of an Order in Council or Order of Council, the

 

Minister of the Crown who has responsibility in relation to the

 

instrument,

 

(b)    

in the case of any other statutory instrument which is not to be

 

made by a Minister of the Crown, the person who is to make the

 

instrument, and

 

(c)    

in any other case, the Minister of the Crown who is to make the

 

instrument.

 

    (12)  

This paragraph is subject to any other provision made by or under this

 

Act or any other enactment.”

 

Amendment to Lords Amendment 9 (see Bill 212)

 

 

4C

 

After subsection (5)(c) insert—

 

“(ca)    

paragraphs 5CA to 5E of Schedule 8 (affirmative and enhanced

 

scrutiny procedure for, and information about, instruments which

 

amend or revoke subordinate legislation under section 2(2) of the

 

European Communities Act 1972 including subordinate legislation

 

implementing EU directives),”

 

Amendment to Lords Amendment 161 (see Bill 212)

 

 

4D

 

After paragraph 5D(8) insert—

 

  “(8A)  

Sub-paragraph (8) of paragraph 5CA applies for the purposes of this

 

paragraph as it applies for the purposes of sub-paragraph (1) of that

 

paragraph.”

 

Amendment to Lords Amendment 162 (see Bill 212)

 

 
 

 


 
 

6

 
 

4E

 

After paragraph 5E(6) insert—

 

  “(6A)  

Sub-paragraph (8) of paragraph 5CA applies for the purposes of this

 

paragraph as it applies for the purposes of sub-paragraph (1) of that

 

paragraph.”

 

LORDS AMENDMENT 19

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.

(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.”

 

 


 
 

7

 
 

COMMONS AMENDMENTS IN LIEU

 

The Commons disagree to Lords Amendment 19 but propose Amendments 19A and 19B

 

in lieu—

 

 

19A

 

Page 8, line 43, at end insert the following new 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 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.

 
 

 


 
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Revised 18 June 2018