Session 2019-21
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Notices of Amendments: 2 January 2020                  

8

 

European Union (Withdrawal Agreement) Bill, continued

 
 

to benefit under those rules on the day on which this Act is passed benefits any

 

less than he benefited or was eligible to benefit on the day on which this Act is

 

passed.”

 

Member’s explanatory statement

 

This new clause provides for all EU citizens who are resident in the UK before exit day to have the

 

right of permanent residence, whether or not they have been exercising treaty rights, and makes

 

sure that every person who is entitled to settled status has the same rights.

 


 

Stuart C McDonald

 

NC18

 

Parliamentary Star    

To move the following Clause—

 

         

“Fee levels and exemptions

 

(1)    

No person to whom regulations under section 7(1) (as qualified by section 7(2)

 

and 7(3)) apply may be charged a fee to register as a British citizen that is higher

 

than the cost to the Secretary of State of exercising the function of registration.

 

(2)    

No child of a person to whom subsection (1) applies may be charged a fee to

 

register as a British citizen if that child is receiving the assistance of a local

 

authority.

 

(3)    

No child of a person to whom subsection (1) applies may be charged a fee to

 

register as a British citizen that the child or the child’s parent, guardian or carer

 

is unable to afford.

 

(4)    

The Secretary of State must take steps to raise awareness of people to whom this

 

section applies of their rights under the British Nationality Act 1981 to register as

 

British citizens.

 

(5)    

A Minister of the Crown may amend, waive or restrict any requirement of any

 

other person to pay a fee to register as a British citizen where the Secretary of

 

State considers it appropriate or necessary to do so in consequence of any

 

discrimination between people of, or children of people of, differing nationality

 

or other status.”

 

Member’s explanatory statement

 

This new clause would ensure that persons entitled to benefit from the citizens’ rights protections

 

in the Bill did not miss out on registering as a citizen of the UK because of the level of fee currently

 

charged.

 



 
 

Notices of Amendments: 2 January 2020                  

9

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Sir Edward Davey

 

Mr Alistair Carmichael

 

NC33

 

Parliamentary Star    

To move the following Clause—

 

         

“EU Settlement Scheme: physical documented proof

 

    

The Secretary of State must make provision to ensure that EEA and Swiss

 

nationals and their family members who are granted settled or pre-settled status

 

are provided with physical documented proof of that status.”

 

Member’s explanatory statement

 

This new clause would require the Government to provide physical documents to enable people to

 

prove their settled status.

 


 

Sir Edward Davey

 

Mr Alistair Carmichael

 

NC34

 

Parliamentary Star    

To move the following Clause—

 

         

“Settled status: right to appeal

 

(1)    

A person may appeal against a settled status decision to the First-tier Tribunal.

 

(2)    

A settled status decision includes a decision—

 

(a)    

to refuse to grant leave to remain under Appendix EU of the Immigration

 

Rules made under section 3(2) of the Immigration Act 1971, or

 

(b)    

to grant limited leave to remain under Appendix EU of the Immigration

 

Rules made under section 3(2) of the Immigration Act 1971 to a person

 

who has applied for indefinite leave to remain under that Appendix.

 

(3)    

An appeal against a decision under subsection 2(b) may be brought only on the

 

grounds that the person is entitled to indefinite leave to remain under Appendix

 

EU of the Immigration Rules.

 

(4)    

While an appeal under subsection 2(a) is pending, the person concerned shall be

 

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

 

Appendix EU of the Immigration Rules in particular as concerns residence,

 

employment, access to social security benefits and other services.

 

(5)    

While an appeal under subsection 2(b) is pending, the limited leave to remain

 

granted under Appendix EU to the Immigration Rules shall continue in force.

 

(6)    

“Pending” shall have the same meaning for the purposes of subsections (4) and

 

(5) above as in section 104 of the Nationality, Immigration and Asylum Act

 

2002.”

 

Member’s explanatory statement

 

This new clause would establish a right to appeal settled status decisions.

 

 



 
 

Notices of Amendments: 2 January 2020                  

10

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Clauses 18 to 23; Schedule 3; Clauses 24 to 37; new Clauses relating to

 

Part 4; new Schedules relating to Part 4

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

24

 

Parliamentary Star    

Clause  20,  page  24,  line  2,  at end insert—

 

“(1A)    

The payment from the Consolidated Fund tor the National Loans Fund to the EU

 

or an EU entity of each sum under section (1) which results from the imposition

 

of any penalty shall be subject to approval by resolution of the House of

 

Commons.”

 

Member’s explanatory statement

 

This amendment is intended to require parliamentary approval for the payment of any fines or

 

penalty under the withdrawal agreement.

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

Debbie Abrahams

Kerry McCarthy

 

1

 

Clause  21,  page  25,  leave out lines 1 and 2 and insert—

 

“(2)    

A Minister of the Crown must, on or before 30 June 2020, publish a

 

comprehensive economic impact assessment of the effect of the Ireland/Northern

 

Ireland Protocol and regulations made under subsection (1) on—

 

(a)    

the UK’s Internal Market and the access of Northern Ireland goods to

 

Great Britain and Great British goods to Northern Ireland;

 

(b)    

the Northern Ireland economy, including levels of imports and exports;

 

(c)    

fiscal and regulatory compliance of goods travelling from NI to GB and

 

from GB to NI; and

 

(d)    

barriers to entry for third-country goods entering NI and GB from

 

Ireland, the rest of the EU and third countries.

 

(2A)    

The Secretary of State must make arrangements for—

 

(a)    

a copy of each report published under subsection (2) to be laid before

 

each House of Parliament, and conveyed to the Presiding Officer of each

 

devolved legislature, by the end of the day on which it is published;

 

(b)    

a motion in neutral terms, to the effect that the House of Commons has

 

considered the report, to be moved in the House of Commons by a

 

Minister of the Crown; and

 

(c)    

a motion for the House of Lords to take note of the report to be tabled in

 

the House of Lords and moved by a Minister of the Crown.

 

(2B)    

The motions required under subsections (2A)(b) and (c) must be moved in the

 

relevant House by a Minister of the Crown within the period of five calendar days

 

beginning with the end of the day on which the report is laid before Parliament.


 
 

Notices of Amendments: 2 January 2020                  

11

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(2C)    

The Secretary of State shall make a further report under subsection (2) on or

 

before 31 October 2020 and at least every 12 months thereafter.”

 

Member’s explanatory statement

 

This amendment would require the Government to deliver full transparency on the implications of

 

the Ireland/Northern Ireland Protocol including barriers to trade between Great Britain and

 

Northern Ireland.

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

12

 

Parliamentary Star - white    

Clause  21,  page  25,  line  4,  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

 

13

 

Parliamentary Star - white    

Clause  21,  page  25,  line  16,  at end insert—

 

“(6A)    

Regulations under subsection (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

 

14

 

Parliamentary Star - white    

Clause  21,  page  25,  line  16,  at end insert—

 

“(6B)    

Regulations under subsection (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


 
 

Notices of Amendments: 2 January 2020                  

12

 

European Union (Withdrawal Agreement) Bill, continued

 
 

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

 

businesses.

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

15

 

Parliamentary Star - white    

Clause  21,  page  25,  line  16,  at end insert—

 

“(6C)    

Regulations under subsection (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.

 

Dr Philippa Whitford

 

10

 

Clause  21,  page  25,  line  27,  at end insert—

 

“(8)    

But regulations under this section may not—

 

(a)    

impose or increase taxation or fees,

 

(b)    

make retrospective provision,

 

(c)    

create a relevant criminal offence,

 

(d)    

establish a public authority,

 

(e)    

amend, repeal or revoke the Human Rights Act 1998 or any subordinate

 

legislation made under it, or

 

(f)    

amend or repeal the Scotland Act 1998, the Government of Wales Act

 

2006 or the Northern Ireland Act 1998.”

 

Member’s explanatory statement

 

This amendment would apply the usual restrictions on Ministers’ delegated power to make

 

regulations under the Government’s proposed new section 8C of the European Union

 

(Withdrawal) Act 2018.

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

16

 

Parliamentary Star - white    

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.


 
 

Notices of Amendments: 2 January 2020                  

13

 

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

 

17

 

Parliamentary Star - white    

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

 

18

 

Parliamentary Star - white    

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.

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

19

 

Parliamentary Star - white    

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.

 



 
 

Notices of Amendments: 2 January 2020                  

14

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Sir Edward Davey

 

Mr Alistair Carmichael

 

26

 

Parliamentary Star    

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

 

“the following amendments are made—

 

(1)    

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.”

 

(2)    

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

 

(3)    

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

 

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).”

 

Member’s explanatory statement

 

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

 

family after Brexit.

 



 
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Revised 02 January 2020