Session 2019-21
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 7 January 2020

 

Committee of the whole House

 

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: 52 to 53 and NC67 to NC69

 

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withdrawn amendments at the end.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

 

accordance with the Order of the House [20 December 2019].

 

 


 

Clauses 1 to 6; new Clauses relating to Part 1 or 2; new Schedules relating

 

to Part 1 or 2

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

25

 

Clause  5,  page  8,  line  33,  at end insert—

 

“(6)    

It shall be an objective of the Government, in accordance with Article 13 (8) of

 

the Protocol on Ireland/Northern Ireland, to reach agreement on superseding the

 

provisions of the Protocol in every respect as soon as practicable.”

 

Member’s explanatory statement

 

This amendment is aimed at using the existing provisions of the withdrawal agreement to remove

 

the Ireland/Northern Ireland Protocol as soon as possible.

 



 
 

Committee of the whole House: 7 January 2020            

2

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

Kerry McCarthy

Helen Hayes

Caroline Lucas

 

NC4

 

To move the following Clause—

 

         

“Extension of the implementation period

 

    

After section 15 of the European Union (Withdrawal) Act 2018 (publication of

 

and rules of evidence) insert—

 

“15A  

Extension of the implementation period

 

“(1)    

A Minister of the Crown must seek to secure agreement in the Joint

 

Committee to a single decision to extend the implementation period by

 

two years, in accordance with Article 132 of the Withdrawal Agreement

 

unless one or more condition in subsection (2) is met.

 

(2)    

Those conditions are—

 

(a)    

it is before 15 June 2020;

 

(b)    

an agreement on the future trade relationship has been

 

concluded;

 

(c)    

the House of Commons has passed a motion in the form set out

 

in subsection (3) and the House of Lords has considered a motion

 

to take note of the Government’s intention not to request an

 

extension.

 

(3)    

The form of the motion mentioned in subsection (2)(c) is “That this

 

House approves of the Government’s decision not to apply for an

 

extension to the period for implementing the agreement 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”.

 

(4)    

If the Joint Committee does not agree the extension specified in

 

subsection (1) but EU representatives on the Joint Committee indicate

 

that they would agree an extension for a shorter period, a Minister of the

 

Crown must move a motion in the House of Commons to agree the

 

shorter period proposed, and if that motion is agreed, a Minister of the

 

Crown must agree that shorter extension in the Joint Committee.

 

(5)    

Any Minister of the Crown who attends the Joint Committee may seek

 

agreement to terminate the implementation period if a final agreement on

 

the future trade relationship is ratified before the end of the

 

implementation period.”

 

Member’s explanatory statement

 

This new clause would restore the role for Parliament in deciding whether to extend transition to

 

avoid a WTO Brexit.

 



 
 

Committee of the whole House: 7 January 2020            

3

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Mr Mark Francois

 

Mr Nigel Evans

 

Sir David Amess

 

Sir Jeffrey M Donaldson

 

Mr Laurence Robertson

 

Andrew Rosindell

Henry Smith

Craig Mackinlay

Scott Mann

Sir Desmond Swayne

Jack Lopresti

Mrs Sheryll Murray

Bob Blackman

Paul Bristow

Dr Julian Lewis

Jonathan Gullis

Andrew Lewer

Sarah Atherton

Dr Jamie Wallis

Nigel Mills

Craig Tracey

Mrs Pauline Latham

Mark Eastwood

Duncan Baker

Lucy Allan

John Redwood

Dehenna Davison

Carla Lockhart

Philip Davies

Craig Whittaker

Mr Ian Liddell-Grainger

Gordon Henderson

Gareth Johnson

Greg Smith

Mr Jonathan Lord

Robin Millar

David Morris

Mrs Andrea Jenkyns

Steve Double

Mr John Baron

Andrew Selous

Mr David Jones

 

NC19

 

To move the following Clause—

 

         

“Exit day chimes of Big Ben

 

(1)    

The United Kingdom leaves the European Union, in accordance with Article 50

 

(2) of the Treaty on European Union, at 11.00pm Greenwich Mean Time on

 

Friday 31 January 2020.

 

(2)    

The Speaker of the House of Commons and the Corporate Officer of the House

 

of Commons, together with any other relevant parliamentary authorities, must

 

make arrangements for the occasion in subsection (1) to be marked by the

 

sounding of the hourly chimes including eleven strikes of the principal bell (Big

 

Ben) of the Great Clock in the Elizabeth Tower of the Houses of Parliament at

 

11.00pm Greenwich Mean Time on Friday 31 January 2020.”

 


 

Sir Edward Davey

 

Mr Alistair Carmichael

 

Daisy Cooper

 

Tim Farron

 

Christine Jardine

 

Sarah Olney

Munira Wilson

Wendy Chamberlain

Wera Hobhouse

Layla Moran

Jamie Stone

Stephen Farry

 

NC36

 

To move the following Clause—


 
 

Committee of the whole House: 7 January 2020            

4

 

European Union (Withdrawal Agreement) Bill, continued

 
 

         

“Extension of implementation period

 

After section 15 of the European Union (Withdrawal) Act 2018 (publication and

 

rules of evidence) insert—

 

“15A  

Extension of implementation period

 

(1)    

If by 1 June 2020, agreements on both of the matters specified in

 

subsection (2) have not been concluded, any Minister of the Crown who

 

attends the Joint Committee must seek to secure agreement in the Joint

 

Committee to a single decision to extend the implementation period by

 

two years, in accordance with Article 132 of the Withdrawal Agreement.

 

(2)    

The specified matters for the purposes of subsection (1) are—

 

(a)    

the future trade relationship between the United Kingdom and

 

the EU.

 

(b)    

a security partnership including law enforcement and judicial

 

cooperation in criminal matters.

 

(3)    

If the Joint Committee does not agree the extension specified in

 

subsection (1) but EU representatives on the Joint Committee indicate

 

that they would agree an extension for a shorter period, a Minister of the

 

Crown must move a motion in the House of Commons to agree the

 

shorter period proposed, and if that motion is agreed, a Minister of the

 

Crown must agree that shorter extension in the Joint Committee.

 

(4)    

Any Minister of the Crown who attends the Joint Committee may seek

 

agreement to terminate the implementation period if final agreements on

 

both of the matters specified in subsection (2) are ratified before the end

 

of the implementation period.””

 

Member’s explanatory statement

 

This new clause would require the UK Government to seek an extension to the implementation

 

period if agreements on trade and security have not been completed by 1 June 2020.

 

 


 

Clauses 7 to 14; Schedule 1; Clause 15; Schedule 2; Clauses 16 and 17; new

 

Clauses relating to Part 3; new Schedules relating to Part 3

 

Stuart C McDonald

 

Ian Blackford

 

Dr Philippa Whitford

 

Joanna Cherry

 

Patrick Grady

 

Caroline Lucas

 

5

 

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 residence documents proving legal status), including making

 

provision for a physical document;

 

(b)    

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

 

(right of eligible citizens to residence documents proving legal status)

 

including making provision for a physical document; and


 
 

Committee of the whole House: 7 January 2020            

5

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(c)    

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

 

of eligible citizens to residence documents proving legal status).”

 

Member’s explanatory statement

 

This amendment would mean 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, and would have

 

the right to a physical document proving their status.

 

Stuart C McDonald

 

Ian Blackford

 

Dr Philippa Whitford

 

Joanna Cherry

 

Patrick Grady

 

6

 

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

 

“(3A)    

Regulations made under this section shall apply to—

 

(a)    

the rights of all persons eligible for leave to enter or remain in the United

 

Kingdom by virtue of—

 

(i)    

the withdrawal agreement, or

 

(ii)    

residence scheme immigration rules (see section 17) as in force

 

on 21 December 2019, and

 

(b)    

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

 

This amendment would ensure that the range of persons entitled under UK law to benefit from the

 

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

 

Sir Edward Davey

 

Mr Alistair Carmichael

 

Daisy Cooper

 

Tim Farron

 

Christine Jardine

 

Sarah Olney

Munira Wilson

Wendy Chamberlain

Wera Hobhouse

Layla Moran

Jamie Stone

Caroline Lucas

 

27

 

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.”

 

Member’s explanatory statement

 

This amendment would ensure that people eligible for settled status would not be prevented from

 

obtaining it by an application deadline.


 
 

Committee of the whole House: 7 January 2020            

6

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

Stuart C McDonald

Debbie Abrahams

Kerry McCarthy

Helen Hayes

Caroline Lucas

 

2

 

Clause  11,  page  14,  line  2,  leave out subsection (1) and insert—

 

“(1)    

A person may appeal against a citizens’ rights immigration decision to the First-

 

tier Tribunal.”

 

Member’s explanatory statement

 

This amendment would give a right of appeal against a citizens’ rights immigration decision.

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

Debbie Abrahams

Kerry McCarthy

Helen Hayes

Caroline Lucas

 

3

 

Clause  11,  page  14,  line  24,  leave out subsections (3) and (4) and insert—

 

“(3)    

Subject to subsection (4), while an appeal is pending, the person concerned shall

 

be deemed to have all the rights associated with indefinite leave to remain under

 

the residence scheme immigration rules, in particular as concerns residence,

 

employment, access to social security benefits and other services.

 

(4)    

Subsection (3) does not apply to an appeal against a decision falling within

 

subsection (2)(a) or (c).

 

(4A)    

“Pending” shall have the same meaning for the purposes of subsections (3) and

 

(4) as in section 104 of the Nationality, Immigration and Asylum Act 2002.”

 

Member’s explanatory statement

 

This amendment would protect the rights of EU citizens while their appeals are pending.

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

 

20

 

Clause  11,  page  14,  line  24,  leave out “also”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 2.


 
 

Committee of the whole House: 7 January 2020            

7

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Stuart C McDonald

 

Ian Blackford

 

Dr Philippa Whitford

 

Joanna Cherry

 

Patrick Grady

 

7

 

Clause  11,  page  14,  line  25,  leave out “(including judicial reviews)”

 

Member’s explanatory statement

 

This amendment would remove the power being provided to ministers to make regulations about

 

judicial review of certain immigration decisions.

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

 

21

 

Clause  11,  page  14,  line  27,  leave out “(1) or”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 2.

 


 

Stuart C McDonald

 

Ian Blackford

 

Dr Philippa Whitford

 

Joanna Cherry

 

Patrick Grady

 

22

 

Schedule  2,  page  46,  line  12,  leave out “Secretary of State” and insert

 

“Independent Chief Inspector of Borders and Immigration”

 

Member’s explanatory statement

 

This amendment would make the Independent Chief Inspector of Borders and Immigration

 

responsible for appointing non-executive members to the independent monitoring authority, rather

 

than the Secretary of State.

 

Stuart C McDonald

 

Ian Blackford

 

Dr Philippa Whitford

 

Joanna Cherry

 

Patrick Grady

 

23

 

Schedule  2,  page  46,  line  20,  leave out “Secretary of State” and insert

 

“Independent Chief Inspector of Borders and Immigration”

 

Member’s explanatory statement

 

This amendment would make the Independent Chief Inspector of Borders and Immigration, rather

 

than the Secretary of State, jointly responsible with non-executive members of the Independent

 

Monitoring Authority for ensuring that, as far as possible, numbers of non-executive members

 

exceed the number of executive members on the IMA.


 
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Revised 07 January 2020