1

House of Commons

Notices of Amendments

given up to and including

Thursday 2 January 2020

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 20 to 27 and NC18 to NC38

Committee of the whole House

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withdrawn amendments at the end.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

Notices of Amendments: 2 January 2020                  

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European Union (Withdrawal Agreement) Bill, continued

Clause  5,  page  6,  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.

Jeremy Corbyn

Keir Starmer

Paul Blomfield

Thangam Debbonaire

Valerie Vaz

Mr Nicholas Brown

Nick Thomas-Symonds

Kerry McCarthy

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.

Notices of Amendments: 2 January 2020                  

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European Union (Withdrawal Agreement) Bill, continued

(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.

Mr Mark Francois

Mr Nigel Evans

Sir David Amess

Sir Jeffrey M Donaldson

Mr Laurence Robertson

Andrew Rosindell

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

NC36

To move the following Clause—

“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.

Notices of Amendments: 2 January 2020                  

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European Union (Withdrawal Agreement) Bill, continued

(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

Joanna Cherry

Patrick Grady

Dr Philippa Whitford

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

(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

Joanna Cherry

Patrick Grady

Dr Philippa Whitford

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

Notices of Amendments: 2 January 2020                  

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European Union (Withdrawal Agreement) Bill, continued

(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

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.

Jeremy Corbyn

Keir Starmer

Paul Blomfield

Thangam Debbonaire

Valerie Vaz

Mr Nicholas Brown

Nick Thomas-Symonds

Stuart C McDonald

Debbie Abrahams

Kerry McCarthy

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

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).

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European Union (Withdrawal Agreement) Bill, continued

(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.

Stuart C McDonald

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

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.

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European Union (Withdrawal Agreement) Bill, continued

Stuart C McDonald

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.

Jeremy Corbyn

Keir Starmer

Paul Blomfield

Thangam Debbonaire

Valerie Vaz

Mr Nicholas Brown

Nick Thomas-Symonds

Debbie Abrahams

Kerry McCarthy

NC5

To move the following Clause—

“Protecting EU Citizens’ Rights

(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) do not apply but who are eligible

for indefinite leave to enter or remain, or limited leave to enter or remain

by virtue of residence scheme immigration rules (see section 17).

(2)    

A person to which this section applies 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) including making

provision for a physical document providing proof of residence.

(4)    

No provision of this or any other enactment, or adopted under this or any other

enactment, may be used to require European Union nationals and their family

members, or nationals of Iceland, Norway, Liechtenstein and Switzerland and

their family members, who reside in the United Kingdom immediately prior to the

end of the implementation period, to apply for a new residence status under

Article 18(1) of the Withdrawal Agreement, or to introduce a deadline for

applications under residence scheme immigration rules or relevant entry

clearance rules.

(5)    

Residence scheme immigration rules and relevant entry clearance immigration

rules may not be amended to provide that any person who benefited or is eligible