Session 2019-21
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Other Bills before Parliament


 
 

Committee of the whole House Proceedings: 8 January 2020    

8

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Stephen Farry

 

Not called  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.”

 

Clause Agreed to.

 


 

Stephen Farry

 

Not called  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

 

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.””

 

Stephen Farry

 

Not called  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.


 
 

Committee of the whole House Proceedings: 8 January 2020    

9

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(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.”

 

Stephen Farry

 

Not called  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.”

 

Schedule Agreed to.

 


 

Claire Hanna

 

Colum Eastwood

 

Stephen Farry

 

Not called  36

 

Clause  24,  page  28,  leave out line 15

 

Clause Agreed to.

 

Clause 25 Agreed to.

 

Joanna Cherry

 

Ian Blackford

 

Dr Philippa Whitford

 

Stuart C McDonald

 

Patrick Grady

 

Not called  49

 

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

 

Clause Agreed to.

 

Clauses 27 to 36 Agreed to.


 
 

Committee of the whole House Proceedings: 8 January 2020    

10

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Stuart C McDonald

 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

Not called  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.”

 

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

 

Not called  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)”.”


 
 

Committee of the whole House Proceedings: 8 January 2020    

11

 

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

Mr David Lammy

Preet Kaur Gill

Afzal Khan

 

Negatived on division  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.

 

(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).”

 

Stuart C McDonald

 

Ian Blackford

 

Joanna Cherry

 

Patrick Grady

 

Not called  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.”

 

Clause Agreed to.

 



 
 

Committee of the whole House Proceedings: 8 January 2020    

12

 

European Union (Withdrawal Agreement) Bill, continued

 
 

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

 

Not called  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.

 

(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.


 
 

Committee of the whole House Proceedings: 8 January 2020    

13

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(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.

 

(9)    

A Minister of the Crown must, within one week of an agreement outlined

 

in subsection (8), 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.

 

(10)    

Prior to the laying of the text of the proposed treaty, the Secretary of State

 

must have consulted with each devolved administration on the text of the

 

proposed agreement and taken their views into account, with special

 

consideration given to matters relating to devolved competences.

 

(11)    

A treaty in the same form, or to substantially the same effect, as the

 

negotiated future relationship treaty may be ratified only if the negotiated

 

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

 

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

 

a statement indicating that the Minister is of the opinion that the

 

treaty should nevertheless be ratified and explaining why.

 

(12)    

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 (11) applies in relation to the

 

ratification of that treaty.


 
 

Committee of the whole House Proceedings: 8 January 2020    

14

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(13)    

In this section—

 

“devolved legislature” means—

 

(a)    

the Scottish Parliament,

 

(b)    

the National Assembly for Wales, or

 

(c)    

the 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

 

arrangements 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;

 

“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

 

on 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 one month;

 

“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)    

published 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

 

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, and

 

(b)    

identifies a draft of that treaty which, in the Minister’s

 

opinion, reflects the agreement in principle;

 

“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).””

 



 
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Revised 08 January 2020