Notices of Amendments: 3 January 2020                  

15

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

15

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

Ian Blackford

Joanna Cherry

Stuart C McDonald

Patrick Grady

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.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

45

Clause  22,  page  25,  line  37,  leave out “appropriate” and insert “necessary”

Member’s explanatory statement

This amendment would ensure that Ministers can only bring forward regulations when it is

necessary to do so.

Notices of Amendments: 3 January 2020                  

16

European Union (Withdrawal Agreement) Bill, continued

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

46

Clause  22,  page  26,  line  3,  leave out “appropriate” and insert “necessary”

Member’s explanatory statement

This amendment would ensure that Ministers can only bring forward regulations when it is

necessary to do so.

Sir Jeffrey M Donaldson

Sammy Wilson

Mr Gregory Campbell

Colum Eastwood

Claire Hanna

Stephen Farry

Jim Shannon

Ian Paisley

Gavin Robinson

Paul Girvan

Carla Lockhart

51

Clause  22,  page  26,  line  13,  leave out “may” and insert “must”

Member’s explanatory statement

In conjunction with Amendment 16, this would require devolved authorities to ensure unfettered

access for Northern Ireland goods to the GB market when making regulations implementing the

Protocol.

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

Notices of Amendments: 3 January 2020                  

17

European Union (Withdrawal Agreement) Bill, continued

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.

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

Notices of Amendments: 3 January 2020                  

18

European Union (Withdrawal Agreement) Bill, continued

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

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

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.

Notices of Amendments: 3 January 2020                  

19

European Union (Withdrawal Agreement) Bill, continued

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

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.

Claire Hanna

Colum Eastwood

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,  line  8,  leave out from second “day” to end of line 15 on page

31 and insert “and (b)”

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.

Notices of Amendments: 3 January 2020                  

20

European Union (Withdrawal Agreement) Bill, continued

Stuart C McDonald

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.

Sir Edward Davey

Mr Alistair Carmichael

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.

Notices of Amendments: 3 January 2020                  

21

European Union (Withdrawal Agreement) Bill, continued

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.

Stuart C McDonald

28

Clause  37,  page  37,  line  4,  leave out from “substitute” to the end of line 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.