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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: 20 to 27 and NC18 to NC38 |
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| European Union (Withdrawal Agreement) Bill
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in |
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| | accordance with the Order of the House [20 December 2019].
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| Clauses 1 to 6; new Clauses relating to Part 1 or 2; new Schedules relating |
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| Gavin Robinson | Paul Girvan | Carla Lockhart |
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| Clause 5, page 6, line 33, at end insert— |
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| | “(6) | It shall be an objective of the Government, in accordance with Article 13 (8) of |
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| | the Protocol on Ireland/Northern Ireland, to reach agreement on superseding the |
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| | provisions of the Protocol in every respect as soon as practicable.” |
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| | Member’s explanatory statement
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| | This amendment is aimed at using the existing provisions of the withdrawal agreement to remove |
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| | the Ireland/Northern Ireland Protocol as soon as possible. |
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| Mr Nicholas Brown | Nick Thomas-Symonds | Kerry McCarthy |
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| | To move the following Clause— |
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| | | “Extension of the implementation period |
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| | | After section 15 of the European Union (Withdrawal) Act 2018 (publication of |
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| | and rules of evidence) insert— |
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| | “15A | Extension of the implementation period |
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| | “(1) | A Minister of the Crown must seek to secure agreement in the Joint |
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| | Committee to a single decision to extend the implementation period by |
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| | two years, in accordance with Article 132 of the Withdrawal Agreement |
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| | unless one or more condition in subsection (2) is met. |
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| | (2) | Those conditions are— |
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| | (a) | it is before 15 June 2020; |
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| | (b) | an agreement on the future trade relationship has been |
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| | (c) | the House of Commons has passed a motion in the form set out |
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| | in subsection (3) and the House of Lords has considered a motion |
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| | to take note of the Government’s intention not to request an |
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| | (3) | The form of the motion mentioned in subsection (2)(c) is “That this |
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| | House approves of the Government’s decision not to apply for an |
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| | extension to the period for implementing the agreement between the |
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| | United Kingdom and the EU under Article 50(2) of the Treaty on |
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| | European Union which sets out the arrangements for the United |
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| | Kingdom’s withdrawal from the EU”. |
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| | (4) | If the Joint Committee does not agree the extension specified in |
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| | subsection (1) but EU representatives on the Joint Committee indicate |
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| | that they would agree an extension for a shorter period, a Minister of the |
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| | Crown must move a motion in the House of Commons to agree the |
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| | shorter period proposed, and if that motion is agreed, a Minister of the |
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| | Crown must agree that shorter extension in the Joint Committee. |
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| | (5) | Any Minister of the Crown who attends the Joint Committee may seek |
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| | agreement to terminate the implementation period if a final agreement on |
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| | the future trade relationship is ratified before the end of the |
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| | Member’s explanatory statement
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| | This new clause would restore the role for Parliament in deciding whether to extend transition to |
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| To move the following Clause— |
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| | | “Exit day chimes of Big Ben |
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| | (1) | The United Kingdom leaves the European Union, in accordance with Article 50 |
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| | (2) of the Treaty on European Union, at 11.00pm Greenwich Mean Time on |
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| | (2) | The Speaker of the House of Commons and the Corporate Officer of the House |
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| | of Commons, together with any other relevant parliamentary authorities, must |
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| | make arrangements for the occasion in subsection (1) to be marked by the |
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| | sounding of the hourly chimes including eleven strikes of the principal bell (Big |
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| | Ben) of the Great Clock in the Elizabeth Tower of the Houses of Parliament at |
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| | 11.00pm Greenwich Mean Time on Friday 31 January 2020.” |
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| To move the following Clause— |
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| | | “Extension of implementation period |
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| | After section 15 of the European Union (Withdrawal) Act 2018 (publication and |
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| | rules of evidence) insert— |
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| | “15A | Extension of implementation period |
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| | (1) | If by 1 June 2020, agreements on both of the matters specified in |
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| | subsection (2) have not been concluded, any Minister of the Crown who |
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| | attends the Joint Committee must seek to secure agreement in the Joint |
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| | Committee to a single decision to extend the implementation period by |
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| | two years, in accordance with Article 132 of the Withdrawal Agreement. |
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| | (2) | The specified matters for the purposes of subsection (1) are— |
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| | (a) | the future trade relationship between the United Kingdom and |
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| | (b) | a security partnership including law enforcement and judicial |
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| | cooperation in criminal matters. |
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| | (3) | If the Joint Committee does not agree the extension specified in |
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| | subsection (1) but EU representatives on the Joint Committee indicate |
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| | that they would agree an extension for a shorter period, a Minister of the |
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| | Crown must move a motion in the House of Commons to agree the |
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| | shorter period proposed, and if that motion is agreed, a Minister of the |
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| | Crown must agree that shorter extension in the Joint Committee. |
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| | (4) | Any Minister of the Crown who attends the Joint Committee may seek |
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| | agreement to terminate the implementation period if final agreements on |
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| | both of the matters specified in subsection (2) are ratified before the end |
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| | of the implementation period.”” |
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| | Member’s explanatory statement
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| | This new clause would require the UK Government to seek an extension to the implementation |
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| | period if agreements on trade and security have not been completed by 1 June 2020. |
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| Clauses 7 to 14; Schedule 1; Clause 15; Schedule 2; Clauses 16 and 17; new |
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| Clauses relating to Part 3; new Schedules relating to Part 3 |
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| Clause 7, page 9, line 36, leave out from “Crown” to end of Clause and insert “must |
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| by regulations make provision— |
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| | “(a) | implementing article 18(4) of the withdrawal agreement (right of eligible |
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| | citizens to residence documents proving legal status), including making |
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| | provision for a physical document; |
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| | (b) | implementing article 17(4) of the EEA EFTA separation agreement |
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| | (right of eligible citizens to residence documents proving legal status) |
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| | including making provision for a physical document; and |
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| | (c) | implementing article 16(4) of the Swiss citizens’ rights agreement (right |
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| | of eligible citizens to residence documents proving legal status).” |
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| | Member’s explanatory statement
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| | This amendment would mean that EEA and Swiss citizens residing in the UK would automatically |
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| | have rights under article 18(4) of the withdrawal agreement (and equivalent provisions in the EEA |
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| | EFTA and Swiss citizens rights agreements) rather than having to apply for them, and would have |
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| | the right to a physical document proving their status. |
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| Clause 7, page 10, line 41, at end insert— |
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| | “(3A) | Regulations made under this section shall apply to— |
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| | (a) | the rights of all persons eligible for leave to enter or remain in the United |
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| | (i) | the withdrawal agreement, or |
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| | (ii) | residence scheme immigration rules (see section 17) as in force |
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| | (b) | such other persons as Ministers consider appropriate. |
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| | (3B) | The residence scheme immigration rules (see section 17) may not be amended so |
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| | as to reduce the range of persons eligible for leave to enter or remain in the United |
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| | Kingdom by virtue of those rules (other than by primary legislation), but other |
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| | persons may be added as Ministers consider appropriate.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that the range of persons entitled under UK law to benefit from the |
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| | rights set out in the Withdrawal Agreement cannot be reduced except by primary legislation. |
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| Clause 7, page 10, line 41, at end insert— |
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| | “(3A) | Regulations made under this section may not prevent EEA and Swiss nationals, |
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| | or their family members, who are resident in the United Kingdom on or prior to |
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| | 31 December 2020 applying for settled status at any time.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that people eligible for settled status would not be prevented from |
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| | obtaining it by an application deadline. |
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| Mr Nicholas Brown | Nick Thomas-Symonds | Stuart C McDonald | Debbie Abrahams | Kerry McCarthy |
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| Clause 11, page 14, line 2, leave out subsection (1) and insert— |
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| | “(1) | A person may appeal against a citizens’ rights immigration decision to the First- |
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| | Member’s explanatory statement
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| | This amendment would give a right of appeal against a citizens’ rights immigration decision. |
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| Mr Nicholas Brown | Nick Thomas-Symonds | Debbie Abrahams | Kerry McCarthy |
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| Clause 11, page 14, line 24, leave out subsections (3) and (4) and insert— |
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| | “(3) | Subject to subsection (4), while an appeal is pending, the person concerned shall |
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| | be deemed to have all the rights associated with indefinite leave to remain under |
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| | the residence scheme immigration rules, in particular as concerns residence, |
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| | employment, access to social security benefits and other services. |
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| | (4) | Subsection (3) does not apply to an appeal against a decision falling within |
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| | subsection (2)(a) or (c). |
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| | (4A) | “Pending” shall have the same meaning for the purposes of subsections (3) and |
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| | (4) as in section 104 of the Nationality, Immigration and Asylum Act 2002.” |
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| | Member’s explanatory statement
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| | This amendment would protect the rights of EU citizens while their appeals are pending. |
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| Mr Nicholas Brown | Nick Thomas-Symonds |
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| Clause 11, page 14, line 24, leave out “also” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 2. |
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| Clause 11, page 14, line 25, leave out “(including judicial reviews)” |
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| | Member’s explanatory statement
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| | This amendment would remove the power being provided to ministers to make regulations about |
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| | judicial review of certain immigration decisions. |
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| Mr Nicholas Brown | Nick Thomas-Symonds |
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| Clause 11, page 14, line 27, leave out “(1) or” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 2. |
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| Schedule 2, page 46, line 12, leave out “Secretary of State” and insert |
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| “Independent Chief Inspector of Borders and Immigration” |
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| | Member’s explanatory statement
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| | This amendment would make the Independent Chief Inspector of Borders and Immigration |
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| | responsible for appointing non-executive members to the independent monitoring authority, rather |
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| | than the Secretary of State. |
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| Schedule 2, page 46, line 20, leave out “Secretary of State” and insert |
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| “Independent Chief Inspector of Borders and Immigration” |
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| | Member’s explanatory statement
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| | This amendment would make the Independent Chief Inspector of Borders and Immigration, rather |
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| | than the Secretary of State, jointly responsible with non-executive members of the Independent |
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| | Monitoring Authority for ensuring that, as far as possible, numbers of non-executive members |
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| | exceed the number of executive members on the IMA. |
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| Mr Nicholas Brown | Nick Thomas-Symonds | Debbie Abrahams | Kerry McCarthy |
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| | To move the following Clause— |
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| | | “Protecting EU Citizens’ Rights |
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| | (1) | This section applies to— |
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| | (a) | European Union citizens having the right to reside permanently in the UK |
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| | according to Article 15 (“Rights of permanent residence”) of the |
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| | (b) | persons to whom the provisions in (a) do not apply but who are eligible |
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| | for indefinite leave to enter or remain, or limited leave to enter or remain |
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| | by virtue of residence scheme immigration rules (see section 17). |
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| | (2) | A person to which this section applies has the rights and obligations provided in |
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| | Article 12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement. |
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| | (3) | The Secretary of State must by regulations make provision— |
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| | (a) | implementing article 18(4) of the withdrawal agreement (right of eligible |
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| | citizens to receive a residence document), including making provision for |
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| | a physical document providing proof of residence; |
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| | (b) | implementing article 17(4) of the EEA EFTA separation agreement |
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| | (right of eligible citizens to receive a residence document) including |
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| | making provision for a physical document providing proof of residence; |
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| | (c) | implementing article 16(4) of the Swiss citizens’ rights agreement (right |
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| | of eligible citizens to receive a residence document) including making |
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| | provision for a physical document providing proof of residence. |
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| | (4) | No provision of this or any other enactment, or adopted under this or any other |
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| | enactment, may be used to require European Union nationals and their family |
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| | members, or nationals of Iceland, Norway, Liechtenstein and Switzerland and |
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| | their family members, who reside in the United Kingdom immediately prior to the |
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| | end of the implementation period, to apply for a new residence status under |
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| | Article 18(1) of the Withdrawal Agreement, or to introduce a deadline for |
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| | applications under residence scheme immigration rules or relevant entry |
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| | (5) | Residence scheme immigration rules and relevant entry clearance immigration |
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| | rules may not be amended to provide that any person who benefited or is eligible |
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