Session 2019-21
Internet Publications
Other Bills before Parliament


 
 

Committee of the whole House: 8 January 2020            

8

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

Stephen Farry

 

16

 

Clause  22,  page  26,  line  14,  after first “the” insert “unfettered”.

 

Member’s explanatory statement

 

This amendment would require regulations to facilitate unfettered access of qualifying Northern

 

Ireland goods to the market within Great Britain.

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

Stephen Farry

 

17

 

Clause  22,  page  26,  line  25,  at end insert—

 

“(6A)    

Regulations under sub-paragraph (1) must include provision to prevent any direct

 

or indirect commercial discrimination that may arise to the detriment of

 

businesses (including farms) in Northern Ireland as a result of the Ireland/

 

Northern Ireland Protocol.”

 

Member’s explanatory statement

 

This amendment is intended to prevent direct or indirect commercial discrimination against

 

Northern Ireland products.

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

Stephen Farry

 

18

 

Clause  22,  page  26,  line  25,  at end insert—

 

“(6B)    

Regulations under sub-paragraph (1) must include provision to prevent non-tariff

 

barriers being imposed in Great Britain to exclude Northern Ireland products

 

except to the extent strictly required by the Ireland/Northern Ireland Protocol as

 

long as it remains in force.”

 

Member’s explanatory statement

 

This amendment is intended to prevent a ‘not available in / do not ship to NI’ approach where no

 

sound competitive reasoning is supplied, in order to protect Northern Ireland consumers and

 

businesses.


 
 

Committee of the whole House: 8 January 2020            

9

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

Stephen Farry

 

19

 

Clause  22,  page  26,  line  25,  at end insert—

 

“(6C)    

Regulations under sub-paragraph (1) must include provision to prevent the

 

exclusion of Northern Ireland produce or products from British marketing

 

campaigns or assurance, trade and labelling schemes.”

 

Member’s explanatory statement

 

This amendment is intended to prevent Northern Ireland products being excluded from ‘Red

 

Tractor’ or ‘Buy British’ marketing schemes.

 

Stephen Farry

 

34

 

Clause  23,  page  28,  line  3,  at end insert—

 

“(2)    

For the avoidance of doubt and without prejudice to the generality of Schedule 3,

 

the reference in Section 7A of the European Union (Withdrawal) Act 2018 (other

 

directly applicable or directly effective aspects of the withdrawal agreement) to

 

rights, powers, liabilities, obligations, restrictions that as in accordance with the

 

withdrawal agreement are without further enactment to be given legal effect or

 

used in the United Kingdom, includes Article 2(1) of the Protocol on Ireland/

 

Northern Ireland of the withdrawal agreement.”

 

Member’s explanatory statement

 

This amendment would ensure that any person may rely directly on Article 2(1) of the Protocol on

 

Ireland/Northern Ireland before any courts in the United Kingdom against all public bodies,

 

including UK Ministers, and private bodies, such as employers.

 


 

Stephen Farry

 

32

 

Schedule  3,  page  61,  line  17,  at end insert—

 

“4A      

After section 69D insert—

 

“69E  

Notice to be given to Commission

 

(1)    

A court or tribunal shall order notice of any issue which affects law or

 

practice relating to the protection of human rights in any proceedings

 

before it to be given to the Northern Ireland Human Rights

 

Commission (unless the Commission is a party to the proceedings).

 

(2)    

Where notice is given to the Commission under subsection (1), the

 

court or tribunal shall—

 

(a)    

annex a copy of the writ, originating summons or other

 

process by which the proceedings were begun; and

 

(b)    

on request from the Commission, provide it with a copy of the

 

pleadings and any decision of the court.

 

(3)    

For the purposes of this section, “decision” shall include reasons for a

 

decision; an award of compensation or a determination that one party


 
 

Committee of the whole House: 8 January 2020            

10

 

European Union (Withdrawal Agreement) Bill, continued

 
 

is required to pay a sum to another; the amount of any relevant

 

compensation or payment; or any order for costs, allowances,

 

preparation time or wasted costs.””

 

Member’s explanatory statement

 

This amendment would ensure the Northern Ireland Human Rights Commission is notified of cases

 

relevant to the exercise of its functions under section 69 of the Northern Ireland Act 1998, similar

 

to devolution notices provided to the Attorney General; and to ensure coherence with exercise of

 

functions under the new dedicated mechanism provisions.

 

Stephen Farry

 

30

 

Schedule  3,  page  63,  line  39,  at end insert—

 

“(3)    

A court or tribunal shall order notice of any issue which arises under Article 2(1)

 

of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement in

 

any proceedings before it to be given to the Northern Ireland Human Rights

 

Commission (unless the Commission is a party to the proceedings).

 

(4)    

Where notice is given to the Commission under subsection (3), the court or

 

tribunal shall—

 

(a)    

annex a copy of the writ, originating summons or other process by which

 

the proceedings were begun; and

 

(b)    

on request from the Commission, provide it with a copy of the pleadings

 

and any decision of the court.

 

(5)    

For the purposes of this section, “decision” shall include reasons for a decision;

 

an award of compensation or a determination that one party is required to pay a

 

sum to another; the amount of any relevant compensation or payment; or any

 

order for costs, allowances, preparation time or wasted costs.”

 

Member’s explanatory statement

 

This amendment would create a requirement for a court or tribunal to notify the Northern Ireland

 

Human Rights Commission of cases relevant to the dedicated mechanism, similar to devolution

 

issue notification already provided to the Attorney General. The proposal would result in an

 

amendment to new section 78C of the Norther Ireland Act 1998.

 

Stephen Farry

 

31

 

Schedule  3,  page  63,  line  39,  at end insert—

 

“(3)    

A court or tribunal shall order notice of any issue which arises under Article 2(1)

 

of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement in

 

any proceedings before it to be given to the Equality Commission of Northern

 

Ireland (unless the Commission is a party to the proceedings).

 

(4)    

Where notice is given to the Commission under subsection (3), the court or

 

tribunal shall—

 

(a)    

annex a copy of the writ, originating summons or other process by which

 

the proceedings were begun; and

 

(b)    

on request from the Commission, provide it with a copy of the pleadings

 

and any decision of the court.

 

(5)    

For the purposes of this section, “decision” shall include reasons for a decision;

 

an award of compensation or a determination that one party is required to pay a

 

sum to another; the amount of any relevant compensation or payment; or any

 

order for costs, allowances, preparation time or wasted costs.”

 

Member’s explanatory statement

 

This amendment would create a requirement for a court or tribunal to notify the Equality

 

Commission of Northern Ireland of cases relevant to the dedicated mechanism, similar to


 
 

Committee of the whole House: 8 January 2020            

11

 

European Union (Withdrawal Agreement) Bill, continued

 
 

devolution issue notification already provided to the Attorney General. The proposal would result

 

in an amendment to new section 78C of the Northern Ireland Act 1998.

 


 

Claire Hanna

 

Colum Eastwood

 

Stephen Farry

 

36

 

Clause  24,  page  28,  leave out line 15

 

Member’s explanatory statement

 

This amendment removes the bar on the Joint Committee recommending an alteration in the

 

functions of an existing implementation body under the Belfast (Good Friday) Agreement.

 

Joanna Cherry

 

Ian Blackford

 

Dr Philippa Whitford

 

Stuart C McDonald

 

Patrick Grady

 

49

 

Clause  26,  page  30,  leave out lines 9 to 49 on page 30 and lines 1 to 15 on page 31

 

Member’s explanatory statement

 

This amendment would remove the power of Ministers to specify the circumstances in which lower

 

courts within the domestic legal systems of the UK could depart from the rulings of the Court of

 

Justice of the European Union after the transition or implementation period.

 

Stuart C McDonald

 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

29

 

Clause  37,  page  37,  line  2,  leave out from “Europe),” to the end of line 19 and

 

insert “after subsection (1) insert—

 

“(1A)    

In seeking to negotiate an agreement under subsection (1), it shall be an over-

 

riding objective of the Minister of the Crown to secure outcomes which match as

 

closely as possible those which applied before exit day under Regulation (EU) No

 

604/2013 of the European Parliament and of the Council of 26 June 2013

 

establishing the criteria and mechanisms for determining the Member State

 

responsible for examining an application for international protection lodged in

 

one of the Member States by a third-country national or a stateless person (recast)

 

in so far as they relate to an application for the UK to take charge of or take back

 

an applicant who is an unaccompanied.”

 

Member’s explanatory statement

 

This amendment seeks to maintain the status quo for applications for international protection

 

lodged by unaccompanied children who are third-country nationals or stateless persons.


 
 

Committee of the whole House: 8 January 2020            

12

 

European Union (Withdrawal Agreement) Bill, continued

 
 

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

Caroline Lucas

 

26

 

Clause  37,  page  37,  line  3,  leave out from “Europe)” to the end of line 19 and insert

 

“the following amendments are made—

 

“(a)    

After subsection (1) insert—

 

“(1A)    

The Secretary of State must, before IP completion day, make

 

provision to ensure that, after the United Kingdom’s withdrawal

 

from the EU, an unaccompanied child who has made an

 

application for international protection to a member State may,

 

if it is in the child’s best interests, come to the United Kingdom

 

to join a relative who—

 

(a)    

is a lawful resident of the United Kingdom, or

 

(b)    

has made a protection claim which has not been

 

decided.”

 

(b)    

In subsection (2) after “(1)(a)(i)” insert “and (1A)(a)”.

 

(c)    

In subsection (3) after “(1)(a)(ii)” insert “and (1A)(b)”.”

 

Member’s explanatory statement

 

This amendment would require the UK Government to guarantee continued family reunion rights

 

for unaccompanied child refugees, while retaining the requirement on the Government to

 

negotiate an agreement with the EU that protects those rights.

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

Kerry McCarthy

Helen Hayes

Caroline Lucas

Mr David Lammy

Preet Kaur Gill

Afzal Khan

 

4

 

Clause  37,  page  37,  line  3,  leave out from “Europe)” to the end of the Clause and

 

insert “after subsection (3) insert—

 

“(3A)    

If, three months after this Act comes into force, no agreement achieving the

 

objective contained in subsection (1) has been concluded with the European

 

Union, a Minister of the Crown must make a statement to the House of Commons

 

setting out—

 

(a)    

the steps taken by Her Majesty’s government, and the progress made in

 

negotiations with the European Union, for the purpose of achieving the

 

objective in subsection (1); and

 

(b)    

whether in the Minister’s opinion an agreement with the European Union

 

achieving the objective of subsection (1) is likely to be achieved by IP

 

completion day and, if not, setting out the reasons for this.


 
 

Committee of the whole House: 8 January 2020            

13

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(3B)    

Following the making of the first Statement referred to in subsection (2), and until

 

such time as an agreement satisfying the objective contained in subsection (1) is

 

reached with the European Union, the Minister shall, at least as frequently as

 

every 28 days thereafter, make further statements in accordance with sections

 

(3A)(a) and (b).”

 

Member’s explanatory statement

 

This amendment would protect the right for unaccompanied child refugees to be reunited with their

 

family after Brexit.

 

Stuart C McDonald

 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

28

 

Clause  37,  page  37,  leave out lines 5 to 19 and insert—

 

“(1)    

A Minister of the Crown must, within 3 months of this Act coming into force,

 

make provision for take charge requests from unaccompanied minors.

 

(1A)    

Regulations made under subsection (1) must operate in such a way that the

 

provisions of Regulation (EU) No 604/2013 as they relate to unaccompanied

 

minors are effective in UK domestic law.

 

(1B)    

The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 are

 

amended by omitting subparagraph 3(h) in Part 2 of Schedule 1 to those

 

Regulations.

 

(1C)    

In this section, “take charge requests” and “unaccompanied minor” have the same

 

meaning as under Regulation (EU) No 604/2013.”

 

Member’s explanatory statement

 

This amendment will ensure that the UK continues to accept take charge requests from

 

unaccompanied minors.

 


 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

Debbie Abrahams

Kerry McCarthy

Helen Hayes

Preet Kaur Gill

 

NC1

 

To move the following Clause—

 

         

“Parliamentary sovereignty over negotiations for the future relationship

 

    

After section 13B of the European Union (Withdrawal) Act 2018 (certain dispute

 

procedures under withdrawal agreement) (for which see section 30 above)

 

insert—

 

“13C  

Negotiations for future relationship

 

(1)    

A 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.


 
 

Committee of the whole House: 8 January 2020            

14

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(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 relationship

 

with the EU.

 

(3)    

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

 

moved by a Minister of the Crown that can be amended by the

 

House of Commons so as to change the objectives for the future

 

relationship, and

 

(b)    

a motion for the House of Lords to take note of that statement has

 

been moved in that House.

 

(4)    

Prior to the House of Commons’s consideration of a motion under

 

subsection (3)(a), a Minister of the Crown must have consulted with each

 

devolved administration on the negotiating mandate.

 

(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

 

most 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

 

(3)(b).

 

(6)    

The Secretary of State must publish the negotiating text of a proposed

 

future relationship agreement on the same day that they are shared with

 

EU negotiators.

 

(7)    

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)    

the 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 Lords, as mentioned in subsection (3), 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)    

provide 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

 

Ireland or the Executive Office in Northern Ireland.

 

(8)    

Subsections (9) and (10) 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.


 
PreviousBack to StartNext
 

Revised 08 January 2020