Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 22 October 2019

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1 to 61 (amendments 14 and 35 to 39 omitted), NC1 to NC27 and NS1

 

Committee


 

European Union (Withdrawal Agreement) Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

Mr Chris Leslie

 

Anna Soubry

 

Tom Brake

 

Mike Gapes

 

1

 

Parliamentary Star - white    

Clause  1,  page  2,  line  43,  at end insert—

 

“(5A)    

A Minister of the Crown must publish a report on the day following the day on

 

which the European Union (Withdrawal Agreement) Act 2019 is passed setting

 

out the application of the jurisdiction of the Court of Justice of the European

 

Union during the implementation period.”


 
 

Notices of Amendments: 22 October 2019                  

2

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Mr Chris Leslie

 

Anna Soubry

 

Tom Brake

 

Mike Gapes

 

2

 

Parliamentary Star - white    

Clause  1,  page  2,  line  43,  at end insert—

 

“(5B)    

A Minister of the Crown must publish a report on the day following the day on

 

which the European Union (Withdrawal Agreement) Act 2019 is passed setting

 

out the impact and consequences for the United Kingdom economy of—

 

(a)    

the arrangements proposed for the implementation period, and

 

(b)    

the arrangements that may apply under a full range of scenarios following

 

the completion of the implementation period.”

 


 

Paul Blomfield

 

Jeremy Corbyn

 

Keir Starmer

 

Jenny Chapman

 

Nick Thomas-Symonds

 

Mr Nicholas Brown

Christine Jardine

Hywel Williams

Liz Saville Roberts

Jonathan Edwards

Ben Lake

 

16

 

Parliamentary Star    

Clause  7,  page  9,  line  35,  leave out from “residence” to “may” in line 42 on page

 

10 and insert—

 

“(1)    

This section applies to—

 

(a)    

European Union citizens having the right to reside permanently in the UK

 

according to Article 15 (“Rights of permanent residence”) of the

 

Withdrawal Agreement;

 

(b)    

persons to whom the provisions in (a) does not apply but who are eligible

 

for indefinite leave to remain or limited leave to enter or remain by virtue

 

of residence scheme immigration rules (see section 17).”.

 

(2)    

A person under subsection (1) has the rights and obligations provided in Article

 

12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement.

 

(3)    

The Secretary of State must by regulations make provision—

 

(a)    

implementing article 18(4) of the withdrawal agreement (right of eligible

 

citizens to receive a residence document), including making provision for

 

a physical document providing proof of residence;

 

(b)    

implementing article 17(4) of the EEA EFTA separation agreement

 

(right of eligible citizens to receive a residence document) including

 

making provision for a physical document providing proof of residence;

 

(c)    

implementing article 16(4) of the Swiss citizens’ rights agreement (right

 

of eligible citizens to receive a residence document).

 

(4)    

Nothing in this or any other enactment may be used to implement Article 18(1)

 

of the withdrawal agreement.

 

(5)    

The power to make regulations under subsection (3)”.

 

Member’s explanatory statement

 

This amendment provides for all EU citizens who are resident in the UK before exit day to have

 

the right of permanent residence, whether or not they have been exercising treaty rights, and

 

makes sure that every person who is entitled to settled status has the same rights.


 
 

Notices of Amendments: 22 October 2019                  

3

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Stuart C. McDonald

 

Tom Brake

 

Mr Chris Leslie

 

Sir Vince Cable

 

Mike Gapes

 

4

 

Parliamentary Star - white    

Clause  7,  page  9,  line  36,  leave out from “Crown” to end of Clause and insert “must

 

by regulations make provision—

 

(a)    

implementing article 18(4) of the withdrawal agreement (right of eligible

 

citizens to receive a residence document), including making provision for

 

a physical document;

 

(b)    

implementing article 17(4) of the EEA EFTA separation agreement

 

(right of eligible citizens to receive a residence document) including

 

making provision for a physical document; and

 

(c)    

implementing article 16(4) of the Swiss citizens’ rights agreement (right

 

of eligible citizens to receive a residence document).”

 

Member’s explanatory statement

 

This amendment would mean that that EEA and Swiss citizens residing in the UK would

 

automatically have rights under article 18(4) of the withdrawal agreement (and equivalent

 

provisions in the EEA EFTA and Swiss citizens rights agreements) rather than having to apply for

 

them.

 

Jo Swinson

 

Tom Brake

 

Mr Alistair Carmichael

 

Stuart C. McDonald

 

Mr Chris Leslie

 

Mr Dominic Grieve

Caroline Lucas

Heidi Allen

Stella Creasy

Mary Creagh

Dr Philippa Whitford

Mr David Lammy

Luciana Berger

Mr Sam Gyimah

Stephen Doughty

Anna Soubry

Dr Sarah Wollaston

Sir Vince Cable

Dr Phillip Lee

Chuka Umunna

Mike Gapes

 

5

 

Parliamentary Star - white    

Clause  7,  page  10,  line  41,  at end insert—

 

“(3A)    

Regulations made under this section may not prevent EEA and Swiss nationals,

 

or their family members, who are resident in the United Kingdom on or prior to

 

31 December 2020 applying for settled status at any time.”

 

Stuart C. McDonald

 

46

 

Parliamentary Star    

Clause  7,  page  10,  line  41,  at end insert—

 

“(3A)    

Regulations made under this section shall apply to the rights of all persons

 

eligible for leave to enter or remain in the United Kingdom by virtue of residence

 

scheme immigration rules (see section 17) as in force on 23 October 2019 and

 

such other persons as Ministers consider appropriate.

 

(3B)    

The residence scheme immigration rules (see section 17) may not be amended so

 

as to reduce the range of persons eligible for leave to enter or remain in the United

 

Kingdom by virtue of those rules (other than by primary legislation), but other

 

persons may be added as Ministers consider appropriate.”

 

Member’s explanatory statement

 

These new subsections would ensure that the range of persons entitled under UK law to benefit


 
 

Notices of Amendments: 22 October 2019                  

4

 

European Union (Withdrawal Agreement) Bill, continued

 
 

from the rights set out in the Withdrawal Agreement cannot be reduced except by primary

 

legislation.

 


 

Jo Swinson

 

Tom Brake

 

Mr Alistair Carmichael

 

Stuart C. McDonald

 

Mr Chris Leslie

 

Dr Sarah Wollaston

Dr Phillip Lee

Mary Creagh

 

8

 

Parliamentary Star    

Page  14,  line  1,  leave out Clause 11.

 

Member’s explanatory statement

 

Clause 11 would be replaced by New Clause 6 [Settled status: right to appeal].

 


 

Mr Chris Leslie

 

Anna Soubry

 

13

 

Parliamentary Star    

Clause  18,  page  20,  leave out lines 19 and 20.

 


 

Mr Chris Leslie

 

Anna Soubry

 

15

 

Parliamentary Star    

Clause  20,  page  24,  line  5,  at end insert—

 

“(5A)    

Nothing in this section shall be taken to permit a Minister of the Crown,

 

government department or devolved authority to pay out of money provided by

 

Parliament expenditure in relation to a settlement in respect of the

 

implementation period or commitments under the European Union’s multiannual

 

financial framework applying for the period after exit day unless a draft of the

 

instrument authorising that payment has been laid before, and approved by a

 

resolution of the House of Commons.”

 



 
 

Notices of Amendments: 22 October 2019                  

5

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Nigel Dodds

 

Sir Jeffrey M. Donaldson

 

Sammy Wilson

 

Emma Little Pengelly

 

Gavin Robinson

 

59

 

Parliamentary Star    

Clause  21,  page  24,  line  26,  at beginning insert—

 

“(A1)    

No power may be exercised under this section unless approval has been given by

 

a decision of the Northern Ireland Assembly in compliance with paragraph 5(d)

 

of Strand 1 of the Belfast/Good Friday Agreement.”

 

Nigel Dodds

 

Sir Jeffrey M. Donaldson

 

Sammy Wilson

 

Emma Little Pengelly

 

Gavin Robinson

 

56

 

Parliamentary Star    

Clause  21,  page  24,  line  34,  at end insert—

 

“(1A)    

The Protocol on Ireland/Northern Ireland ceases to have effect when an

 

agreement on trade has come into effect between the UK and the EU.”

 

Nigel Dodds

 

Sir Jeffrey M. Donaldson

 

Sammy Wilson

 

Emma Little Pengelly

 

Gavin Robinson

 

57

 

Parliamentary Star    

Clause  21,  page  24,  line  34,  at end insert—

 

“(1A)    

The Protocol on Ireland/Northern Ireland ceases to have effect at the end of the

 

implementation period, unless the Northern Ireland Assembly agrees to the

 

continuation of the Protocol by a decision made in compliance with Strand 1,

 

paragraph 5 (d) of the Belfast/Good Friday Agreement.”

 

Mr Chris Leslie

 

Anna Soubry

 

12

 

Parliamentary Star    

Clause  21,  page  24,  line  36,  leave out “(including modifying this Act)”.

 

Member’s explanatory statement

 

This amendment would prevent Ministers making regulations under this section to modify the

 

European Union (Withdrawal) Act 2018.

 

James Brokenshire

 

Sir David Lidington

 

Karen Bradley

 

Simon Hoare

 

Tom Tugendhat

 

Paul Masterton

 

17

 

Parliamentary Star    

Clause  21,  page  24,  line  38,  leave out from “provision” to the end of line 39 and

 

insert “facilitating—

 

(a)    

the unfettered access to the market within Great Britain of qualifying

 

Northern Ireland goods;

 

(b)    

trade between Northern Ireland and Great Britain having regard to

 

Northern Ireland’s integral place in the United Kingdom internal market;

 

and


 
 

Notices of Amendments: 22 October 2019                  

6

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(c)    

democratic consent in Northern Ireland to the continued application of

 

Articles 5 to 10 of the Protocol.”

 

Nick Thomas-Symonds

 

Tony Lloyd

 

Jeremy Corbyn

 

Keir Starmer

 

Mr Nicholas Brown

 

Jenny Chapman

Paul Blomfield

Stephen Pound

Karin Smyth

 

45

 

Parliamentary Star    

Clause  21,  page  24,  line  38,  after first “the” insert “unfettered”.

 

Nigel Dodds

 

Sir Jeffrey M. Donaldson

 

Sammy Wilson

 

Emma Little Pengelly

 

Gavin Robinson

 

58

 

Parliamentary Star    

Clause  21,  page  25,  line  1,  at end insert—

 

“(4A)    

Regulations under this section must provide that—

 

(a)    

no customs declaration may be requested or required in relation to any

 

movement of goods within the UK customs territory intended to remain

 

within the UK customs territory;

 

(b)    

no customs declaration may be requested or required in relation to any

 

movement of goods within the UK customs territory with an end

 

destination outside the UK unless there is agreement by the Northern

 

Ireland Assembly by a decision made in compliance with Strand 1,

 

paragraph 5 (d) of the Belfast/Good Friday Agreement;

 

(c)    

no checks may be requested or required in relation to any goods moving

 

within the territorial area of the United Kingdom unless specified in a

 

schedule of such goods kept by the UK Government.

 

(4B)    

No classification of good may be added to the schedule specified in 4A(c) above

 

unless the Northern Ireland Assembly agrees for that good to be added to the

 

Schedule, and—

 

(a)    

the agreement of the Northern Ireland Assembly must be sought by HM

 

Government in relation to all goods in order for them to be added to that

 

Schedule, and

 

(b)    

that agreement shall not be considered valid agreement by the Northern

 

Ireland Assembly unless it is a decision taken in compliance with Strand

 

1, paragraph 5 (d) of the Belfast/Good Friday Agreement.”

 

Mr Chris Leslie

 

Anna Soubry

 

11

 

Parliamentary Star    

Clause  21,  page  25,  line  6,  at end insert—

 

“(6A)    

But regulations under this section may not—

 

(a)    

impose or increase taxation or fees,

 

(b)    

make retrospective provision,

 

(c)    

create a relevant criminal offence,

 

(d)    

establish a public authority,


 
 

Notices of Amendments: 22 October 2019                  

7

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(e)    

amend, repeal or revoke the Human Rights Act 1998 or any subordinate

 

legislation made under it in relation to matters connected with the

 

Protocol on Ireland/Northern Ireland,

 

(f)    

amend or repeal the Northern Ireland Act 1998, or

 

(g)    

restrict the free movement of goods or introduce export summary

 

declaration arrangements between Northern Ireland and Great Britain.”

 

Nick Thomas-Symonds

 

Tony Lloyd

 

Jeremy Corbyn

 

Keir Starmer

 

Mr Nicholas Brown

 

Jenny Chapman

Paul Blomfield

Stephen Pound

Karin Smyth

 

44

 

Parliamentary Star    

Clause  21,  page  25,  line  6,  at end insert—

 

“(6A)    

Any regulations made under subsection (1) or (6) of this section shall not come

 

into effect unless—

 

(a)    

they have been approved by resolution of the Northern Ireland Assembly,

 

(b)    

the Northern Ireland Executive has made a statement that it consents to

 

the regulations, and

 

(c)    

they have been debated and approved by resolution of each House of

 

Parliament.

 

“(6A)    

Regulations to which subsection (6A) applies shall have been approved by the

 

Northern Ireland Assembly if they have been approved with cross-community

 

support, within the meaning of section 4(5) of the Northern Ireland Act 1998.”

 


 

Mary Creagh

 

27

 

Parliamentary Star    

Clause  29,  page  32,  line  44,  leave out “which is not EU tertiary legislation” and

 

insert “including EU tertiary legislation”

 



 
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Revised 23 October 2019