European Union (Withdrawal Agreement) Bill (HC Bill 7)

European Union (Withdrawal Agreement) BillPage 30

26 Interpretation of retained EU law and relevant separation agreement law

(1) In section 6 of the European Union (Withdrawal) Act 2018 (interpretation of
retained EU law)—

(a) for “exit day”, wherever it appears, substitute “IP completion day”, and

(b) 5after subsection (6) insert—

(6A) Subsections (1) to (6) are subject to relevant separation
agreement law (for which see section 7C).”

(2) After section 7B of that Act (general implementation of EEA EFTA and Swiss
agreements) (for which see section 6 above) insert—

7C 10Interpretation of relevant separation agreement law

(1) Any question as to the validity, meaning or effect of any relevant
separation agreement law is to be decided, so far as they are
applicable—

(a) in accordance with the withdrawal agreement, the EEA EFTA
15separation agreement and the Swiss citizens’ rights agreement,
and

(b) having regard (among other things) to the desirability of
ensuring that, where one of those agreements makes provision
which corresponds to provision made by another of those
20agreements, the effect of relevant separation agreement law in
relation to the matters dealt with by the corresponding
provision in each agreement is consistent.

(2) See (among other things)—

(a) Article 4 of the withdrawal agreement (methods and principles
25relating to the effect, the implementation and the application of
the agreement),

(b) Articles 158 and 160 of the withdrawal agreement (jurisdiction
of the European Court in relation to Part 2 and certain
provisions of Part 5 of the agreement),

(c) 30Article 13(2) of the Protocol on Ireland/Northern Ireland in the
withdrawal agreement (modification of Article 4 of the
withdrawal agreement for purposes of the Protocol),

(d) Article 4 of the EEA EFTA separation agreement (methods and
principles relating to the effect, the implementation and the
35application of the agreement), and

(e) Article 4 of the Swiss citizens’ rights agreement (methods and
principles relating to the effect, the implementation and the
application of the agreement).

(3) In this Act “relevant separation agreement law” means—

(a) 40any of the following provisions or anything which is domestic
law by virtue of any of them—

(i) section 7A, 7B, 8B or 8C or Part 1B or 1C of Schedule 2 or
this section, or

(ii) Part 3, or section 20, of the European Union (Withdrawal
45Agreement) Act 2019 (citizens’ rights and financial
provision), or

(b) anything not falling within paragraph (a) so far as it is domestic
law for the purposes of, or otherwise within the scope of—

European Union (Withdrawal Agreement) BillPage 31

(i) the withdrawal agreement (other than Part 4 of that
agreement),

(ii) the EEA EFTA separation agreement, or

(iii) the Swiss citizens’ rights agreement,

5as that body of law is added to or otherwise modified by or under this
Act or by other domestic law from time to time.”

27 Dealing with deficiencies in retained EU law

(1) Section 8 of the European Union (Withdrawal) Act 2018 (dealing with
deficiencies arising from withdrawal) is amended in accordance with
10subsections (2) to (6).

(2) In subsection (2)—

(a) in paragraph (d)(ii), after “membership of the EU” insert “or Part 4 of
the withdrawal agreement”,

(b) in paragraph (e), after “Treaties” insert “or as a result of either the end
15of the implementation period or any other effect of Part 4 of the
withdrawal agreement”,

(c) after paragraph (e) insert—

(ea) is not clear in its effect as a result of the operation of any
provision of sections 2 to 6 or Schedule 1,”, and

(d) 20in paragraph (f)(i) for “exit day” substitute “IP completion day”.

(3) In subsection (4) for “exit day” substitute “IP completion day”.

(4) In subsection (7), omit paragraph (e).

(5) In subsection (8) for “exit day” substitute “IP completion day”.

(6) In subsection (9)—

(a) 25for “that withdrawal taken together” substitute

(a) any aspect of that withdrawal, including (among other
things)—

(i) the end of the implementation period, or

(ii) any other effect of Part 4 of the withdrawal
30agreement, or

(b) that withdrawal, or any such aspect of it, taken
together”, and

(b) after “Act” insert “or the European Union (Withdrawal Agreement) Act
2019”.

(7) 35In the following provisions of Part 1 of Schedule 2 to the European Union
(Withdrawal) Act 2018 (dealing with deficiencies arising from withdrawal:
devolved authorities) for “exit day” substitute “IP completion day”—

(a) paragraph 4(a),

(b) paragraph 8(2)(a)(i),

(c) 40paragraph 9(2)(a)(i), and

(d) paragraph 10(2)(a)(i).

28 Ancillary fee-charging powers

In Part 1 of Schedule 4 to the European Union (Withdrawal) Act 2018 (charging
in connection with certain new functions)—

European Union (Withdrawal Agreement) BillPage 32

(a) in paragraph 1(1), after paragraph (a) (and the “or” at the end of that
paragraph) insert—

(aa) section 8B or Part 1B of Schedule 2 (powers in connection
with Part 3 of the withdrawal agreement and Part 3 of the
5EEA EFTA separation agreement), or

(ab) section 8C or Part 1C of Schedule 2 (powers in connection
with the Ireland/Northern Ireland Protocol in the withdrawal
agreement), or”,

(b) in paragraph 1(1)(b), before “powers” insert “certain other”, and

(c) 10in paragraph 5—

(i) in sub-paragraph (1), for “sub-paragraph (2)” substitute “sub-
paragraphs (2) and (2A)”, and

(ii) after sub-paragraph (2) insert—

(2A) This paragraph does not apply in relation to
15regulations made under paragraph 1(1)(aa) or (ab).”

Parliamentary oversight

29 Review of EU legislation during implementation period

After section 13 of the European Union (Withdrawal) Act 2018 (Parliamentary
approval of the outcome of negotiations with the EU) insert—

13A 20 Review of EU legislation during implementation period

(1) This section applies where the European Scrutiny Select Committee
(“the ESC”) publishes a report in respect of any EU legislation made, or
which may be made, during the implementation period and the
report—

(a) 25states that, in the opinion of the ESC, the EU legislation raises a
matter of vital national interest to the United Kingdom,

(b) confirms that the ESC has taken such evidence as it considers
appropriate as to the effect of the EU legislation and has
consulted any Departmental Select Committee of the House of
30Commons which the ESC considers also has an interest in the
EU legislation, and

(c) sets out the wording of a motion to be moved in the House of
Commons in accordance with subsection (2).

(2) A Minister of the Crown must, within the period of 14 Commons sitting
35days beginning with the day on which the report is published, make
arrangements for the motion mentioned in subsection (1)(c) to be
debated and voted on by the House of Commons.

(3) In this section—

  • EU legislation” means—

    (a)

    40any amendment to the Treaty on European Union, the
    Treaty on the Functioning of the European Union, the
    Euratom Treaty or the EEA agreement,

    (b)

    any EU directive, or

    (c)

    any EU regulation or EU decision which is not EU
    45tertiary legislation;

  • European Union (Withdrawal Agreement) BillPage 33

  • “the European Scrutiny Select Committee” means the Select
    Committee of the House of Commons known as the European
    Scrutiny Select Committee or any successor of that committee.”

30 Approval of extension of implementation period

5After section 13A of the European Union (Withdrawal) Act 2018 (review of EU
legislation during implementation period) (for which see section 29 above)
insert—

13B Approval of extension of implementation period

(1) A Minister of the Crown may agree in the Joint Committee to an
10extension of the implementation period only if—

(a) a Minister of the Crown has laid before each House of
Parliament a statement setting out the length of the proposed
extension and such other details as the Minister considers
appropriate,

(b) 15the House of Commons has passed a motion in the form set out
in subsection (2), and

(c) a motion for the House of Lords to take note of the statement
has been tabled in the House of Lords by a Minister of the
Crown and—

(i) 20the 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 Lords sitting
days beginning with the first Lords sitting day after the
day on which the House of Commons passes the motion
25mentioned in paragraph (b).

(2) The form of motion mentioned in subsection (1)(b) is: “That this House,
for the purposes of section 13B of the European Union (Withdrawal)
Act 2018, agrees to the proposed extension of the implementation
period as mentioned in the statement laid before this House on [....]
30under section 13B(1)(a) of that Act.”

31 Oversight of negotiations for future relationship

After section 13B of the European Union (Withdrawal) Act 2018 (approval of
extension of implementation period) (for which see section 30 above) insert—

13C Negotiations for future relationship

(1) 35A Minister of the Crown must, before the end of the period of 30
Commons sitting days beginning with the day on which exit day falls,
make a statement on objectives for the future relationship with the EU.

(2) A Minister of the Crown may, at any time after the initial statement is
made, make a revised statement on objectives for the future
40relationship with the EU.

(3) A statement on objectives for the future relationship with the EU must
be consistent with the political declaration of 17 October 2019 referred
to in Article 184 of the withdrawal agreement (negotiations on the
future relationship).

European Union (Withdrawal Agreement) BillPage 34

(4) A Minister of the Crown may not engage in negotiations on the future
relationship with the EU unless—

(a) a statement on objectives for the future relationship with the EU
has been approved by the House of Commons on a motion
5moved by a Minister of the Crown, and

(b) a motion for the House of Lords to take note of that statement
has been moved in that House by a Minister of the Crown.

(5) In conducting negotiations on the future relationship with the EU, a
Minister of the Crown must seek to achieve the objectives set out in the
10most recent statement on objectives for the future relationship with the
EU to have been—

(a) approved by a resolution of the House of Commons on a
motion moved by a Minister of the Crown, and

(b) the subject of a motion of the kind mentioned in subsection
15(4)(b).

(6) After the end of each reporting period, a Minister of the Crown must—

(a) lay before each House of Parliament a report on the progress
made, by the end of the period, in negotiations on the future
relationship with the EU, including—

(i) 20the Minister’s assessment of the extent to which the
outcome of those negotiations is likely to reflect the most
recent statement on objectives for the future relationship
with the EU to have been approved by the House of
Commons, and the subject of a motion in the House of
25Lords, as mentioned in subsection (4), and

(ii) if the Minister’s assessment is that the future
relationship with the EU is, in any respect, not likely to
reflect that statement, an explanation of why that is so,
and

(b) 30provide a copy of the report to the Presiding Officer of each of
the devolved legislatures and to—

(i) the Scottish Ministers,

(ii) the Welsh Ministers, and

(iii) the First Minister and deputy First Minister in Northern
35Ireland or the Executive Office in Northern Ireland.

(7) Subsections (8) and (9) apply if, in the opinion of a Minister of the
Crown, an agreement in principle has been reached with the EU on a
treaty the principal purpose of which is to deal with all or part of the
future relationship with the EU.

(8) 40A Minister of the Crown must lay before each House of Parliament—

(a) a statement that political agreement has been reached, and

(b) a copy of the negotiated future relationship treaty.

(9) A treaty in the same form, or to substantially the same effect, as the
negotiated future relationship treaty may be ratified only if the
45negotiated future relationship treaty has been approved by a resolution
of the House of Commons on a motion moved by a Minister of the
Crown and—

(a) the House of Lords has not resolved, within the period of 14
Lords sitting days beginning with the day on which the

European Union (Withdrawal Agreement) BillPage 35

negotiated future relationship treaty is laid before that House,
that any treaty resulting from it should not be ratified, or

(b) if the House of Lords has so resolved within that period, a
Minister of the Crown has laid before each House of Parliament
5a statement indicating that the Minister is of the opinion that the
treaty should nevertheless be ratified and explaining why.

(10) Section 20 of the Constitutional Reform and Governance Act 2010
(treaties to be laid before Parliament before ratification) does not apply
in relation to a treaty if subsection (9) applies in relation to the
10ratification of that treaty.

(11) In this section—

  • “devolved legislature” means—

    (a)

    the Scottish Parliament,

    (b)

    the National Assembly for Wales, or

    (c)

    15the Northern Ireland Assembly;

  • “future relationship with the EU” means the main arrangements
    which are designed to govern the security and economic aspects
    of the long-term relationship between the United Kingdom and
    the EU after IP completion day and to replace or modify the
    20arrangements which apply during the implementation period,
    but does not include the withdrawal agreement;

  • “negotiated future relationship treaty” means a draft of a treaty
    identified in a statement that political agreement has been
    reached;

  • 25“negotiations” means negotiations the opening of which, on behalf
    of the EU, has been authorised under Article 218 of the Treaty
    on the Functioning of the European Union;

  • “reporting period” means—

    (a)

    the period of three months beginning with the first day
    30on which a statement on objectives for the future
    relationship with the EU is approved by a resolution of
    the House of Commons on a motion moved by a
    Minister of the Crown, and

    (b)

    each subsequent period of three months;

  • 35“statement on objectives for the future relationship with the EU
    means a statement—

    (a)

    made in writing by a Minister of the Crown setting out
    proposed objectives of Her Majesty’s Government in
    negotiations on the future relationship with the EU, and

    (b)

    40published in such manner as the Minister making it
    considers appropriate;

  • “statement that political agreement has been reached” means a
    statement made in writing by a Minister of the Crown which—

    (a)

    states that, in the Minister’s opinion, an agreement in
    45principle has been reached with the EU on a treaty the
    principal purpose of which is to deal with all or part of
    the future relationship with the EU, and

    (b)

    identifies a draft of that treaty which, in the Minister’s
    opinion, reflects the agreement in principle;

  • European Union (Withdrawal Agreement) BillPage 36

  • “treaty” has the same meaning as in Part 2 of the Constitutional
    Reform and Governance Act 2010 (see section 25(1) and (2) of
    that Act).”

32 Repeal of section 13 of EUWA

(1) 5Section 13 of the European Union (Withdrawal) Act 2018 (Parliamentary
approval of the outcome of negotiations with the EU) is repealed.

(2) Accordingly, none of the conditions set out in paragraphs (a) to (d) of
subsection (1) of that section apply in relation to the ratification of the
withdrawal agreement.

33 10Requirements in Part 2 of CRAGA

Section 20 of the Constitutional Reform and Governance Act 2010 (treaties to
be laid before Parliament before ratification) does not apply in relation to the
withdrawal agreement (but this does not affect whether that section applies in
relation to any modification of the agreement).

15Other matters

34 Protection for workers’ rights

(1) After section 18 of the European Union (Withdrawal) Act 2018 (customs
arrangement as part of the framework for the future relationship) insert—

18A Protection for workers’ rights

(1) 20Part 1 of Schedule 5A (which requires statements of non-regression in
relation to workers’ retained EU rights) has effect.

(2) Part 2 of Schedule 5A (which provides for reporting requirements and
parliamentary oversight in relation to new EU workers’ rights) has
effect.

(3) 25Part 3 of Schedule 5A (which contains interpretative provision) has
effect.”

(2) After Schedule 5 to the European Union (Withdrawal) Act 2018 (publication
and rules of evidence) insert the Schedule 5A set out in Schedule 4 to this Act.

35 Ministerial co-chairs of the Joint Committee

30After section 18A of the European Union (Withdrawal) Act 2018 (protection for
workers’ rights) (for which see section 34 above) insert—

18B Ministerial co-chairs of the Joint Committee

The functions of the United Kingdom’s co-chair of the Joint Committee,
under Annex VIII of the withdrawal agreement (rules of procedure of
35the Joint Committee and specialised committees), are to be exercised
personally by a Minister of the Crown (and, accordingly, only a
Minister of the Crown may be designated as a replacement under Rule
1(3)).”

European Union (Withdrawal Agreement) BillPage 37

Part 5 General and final provision

Parliamentary sovereignty

36 Parliamentary sovereignty

(1) 5It is recognised that the Parliament of the United Kingdom is sovereign.

(2) In particular, its sovereignty subsists notwithstanding—

(a) directly applicable or directly effective EU law continuing to be
recognised and available in domestic law by virtue of section 1A or 1B
of the European Union (Withdrawal) Act 2018 (savings of existing law
10for the implementation period),

(b) section 7A of that Act (other directly applicable or directly effective
aspects of the withdrawal agreement),

(c) section 7B of that Act (deemed direct applicability or direct effect in
relation to the EEA EFTA separation agreement and the Swiss citizens’
15rights agreement), and

(d) section 7C of that Act (interpretation of law relating to the withdrawal
agreement (other than the implementation period), the EEA EFTA
separation agreement and the Swiss citizens’ rights agreement).

(3) Accordingly, nothing in this Act derogates from the sovereignty of the
20Parliament of the United Kingdom.

Interpretation

37 Interpretation

(1) In this Act—

  • “devolved authority” means—

    (a)

    25the Scottish Ministers,

    (b)

    the Welsh Ministers, or

    (c)

    a Northern Ireland department;

  • EEA EFTA separation agreement” means (as modified from time to time
    in accordance with any provision of it) the Agreement on arrangements
    30between Iceland, the Principality of Liechtenstein, the Kingdom of
    Norway and the United Kingdom of Great Britain and Northern
    Ireland following the withdrawal of the United Kingdom from the
    European Union, the EEA Agreement and other agreements applicable
    between the United Kingdom and the EEA EFTA States by virtue of the
    35United Kingdom’s membership of the European Union;

  • “enactment” means an enactment whenever passed or made and
    includes—

    (a)

    an enactment contained in any Order in Council, order, rules,
    regulations, scheme, warrant, byelaw or other instrument made
    40under an Act of Parliament,

    (b)

    an enactment contained in any Order in Council made in
    exercise of Her Majesty’s Prerogative,

    European Union (Withdrawal Agreement) BillPage 38

    (c)

    an enactment contained in, or in an instrument made under, an
    Act of the Scottish Parliament,

    (d)

    an enactment contained in, or in an instrument made under, a
    Measure or Act of the National Assembly for Wales,

    (e)

    5an enactment contained in, or in an instrument made under,
    Northern Ireland legislation,

    (f)

    an enactment contained in any instrument made by a member
    of the Scottish Government, the Welsh Ministers, the First
    Minister for Wales, the Counsel General to the Welsh
    10Government, a Northern Ireland Minister, the First Minister in
    Northern Ireland, the deputy First Minister in Northern Ireland
    or a Northern Ireland department in exercise of prerogative or
    other executive functions of Her Majesty which are exercisable
    by such a person on behalf of Her Majesty,

    (g)

    15an enactment contained in, or in an instrument made under, a
    Measure of the Church Assembly or of the General Synod of the
    Church of England, and

    (h)

    any retained direct EU legislation;

  • “IP completion day” means 31 December 2020 at 11.00 p.m (and see
    20subsections (2) to (5));

  • “Minister of the Crown” has the same meaning as in the Ministers of the
    Crown Act 1975 and also includes the Commissioners for Her
    Majesty’s Revenue and Customs;

  • “modify” includes amend, repeal or revoke (and related expressions are
    25to be read accordingly);

  • “primary legislation” means—

    (a)

    an Act of Parliament,

    (b)

    an Act of the Scottish Parliament,

    (c)

    a Measure or Act of the National Assembly for Wales, or

    (d)

    30Northern Ireland legislation;

  • “subordinate legislation” means any Order in Council, order, rules,
    regulations, scheme, warrant, byelaw or other instrument made under
    any primary legislation;

  • “Swiss citizens’ rights agreement” means (as modified from time to time
    35in accordance with any provision of it) the Agreement signed at Bern
    on 25 February 2019 between the United Kingdom of Great Britain and
    Northern Ireland and the Swiss Confederation on citizens’ rights
    following the withdrawal of the United Kingdom from—

    (a)

    the European Union, and

    (b)

    40the free movement of persons agreement,

    so far as the Agreement operates for the purposes of the case where
    “specified date” for the purposes of that Agreement has the meaning
    given in Article 2(b)(ii) of that Agreement;

  • “withdrawal agreement” means the agreement between the United
    45Kingdom 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 (as that agreement is modified from time to
    time in accordance with any provision of it).

(2) In this Act references to before, after or on IP completion day, or to beginning
50with IP completion day, are to be read as references to before, after or at 11.00

European Union (Withdrawal Agreement) BillPage 39

p.m. on 31 December 2020 or (as the case may be) to beginning with 11.00 p.m.
on that day.

(3) Subsection (4) applies if the transition or implementation period provided for
by Part 4 of the withdrawal agreement is—

(a) 5in accordance with the agreement, or

(b) by virtue of any change to EU summer-time arrangements,

to end on a day or time which is different from that specified in the definition
of “IP completion day” in subsection (1).

(4) A Minister of the Crown may by regulations—

(a) 10amend the definition of “IP completion day” in subsection (1) to ensure
that the day and time specified in the definition are the day and time
that the transition or implementation period provided for by Part 4 of
the withdrawal agreement is to end, and

(b) amend subsection (2) in consequence of any such amendment.

(5) 15In subsection (3)(b)EU summer-time arrangements” means the arrangements
provided for by Directive 2000/84/EC of the European Parliament and of the
Council of 19 January 2001 on summer-time arrangements.

(6) In this Act any reference to an Article of the Treaty on European Union
includes a reference to that Article as applied by Article 106a of the Euratom
20Treaty.

Supplementary and final

38 Regulations

Schedule 5 contains provision about regulations under this Act (including
provision about procedure).

39 25Consequential and transitional provision etc.

(1) A Minister of the Crown may by regulations make such provision as the
Minister considers appropriate in consequence of this Act.

(2) The power to make regulations under subsection (1) may (among other things)
be exercised by modifying any provision made by or under an enactment.

(3) 30In subsection (2) “enactment” does not include primary legislation passed or
made after IP completion day.

(4) Parts 1 and 2 of Schedule 6 contain minor and consequential provision.

(5) A Minister of the Crown may by regulations make such transitional, transitory
or saving provision as the Minister considers appropriate in connection with
35the coming into force of any provision of this Act (including its operation in
connection with exit day or IP completion day).

(6) Part 3 of Schedule 6 contains transitional, transitory and saving provision.

40 Extent, commencement and short title

(1) Subject to subsections (2) to (5), this Act extends to England and Wales,
40Scotland and Northern Ireland.