Notices of Amendments: 3 January 2020                  

22

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

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.

Notices of Amendments: 3 January 2020                  

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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.

Notices of Amendments: 3 January 2020                  

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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).””

Member’s explanatory statement

This new clause restores the role for Parliament in providing scrutiny and oversight in the

negotiations over the UK’s future relationship with the EU.

Notices of Amendments: 3 January 2020                  

25

European Union (Withdrawal Agreement) Bill, continued

Caroline Lucas

Catherine West

Wera Hobhouse

Liz Saville Roberts

Hywel Williams

Dr Rupa Huq

Alex Sobel

Ruth Jones

Preet Kaur Gill

Sarah Olney

Janet Daby

Geraint Davies

Layla Moran

Kerry McCarthy

Ian Blackford

Dr Philippa Whitford

Joanna Cherry

Stuart C McDonald

Patrick Grady

Anneliese Dodds

Rosie Duffield

nc6

To move the following Clause—

“Parliamentary approval of the future relationship

(1)    

The Secretary of State may not engage in negotiations on the future relationship

between the UK and the EU until a Minister of the Crown has laid a draft

negotiating mandate before each House of Parliament and—

(a)    

moved an amendable motion in the House of Commons containing the

text of the draft negotiating mandate;

(b)    

the draft negotiating mandate (as amended) has been approved by a

resolution of the House of Commons, and

(c)    

a motion for the House of Lords to take note of the draft negotiating

mandate has been moved in that House by a Minister of the Crown.

(2)    

The draft negotiating mandate must set out in detail—

(a)    

the UK’s negotiation objectives,

(b)    

all fields and sectors to be included in the proposed negotiations,

(c)    

the principles to underpin the proposed negotiation,

(d)    

any limits on the proposed negotiations, and

(e)    

the desired outcomes from the proposed negotiations.

(3)    

Prior to laying the draft negotiating mandate, a Minister of the Crown must have

consulted each devolved administration on the negotiating mandate.

(4)    

Prior to the House’s consideration of a motion under subsection (1)(b), a Minister

of the Crown must lay before both Houses of Parliament a sustainability impact

assessment conducted by a credible body independent of government following

consultation with—

(a)    

each devolved administration,

(b)    

public bodies, businesses, trade unions and non-governmental

organisations which, in the opinion of the independent body, have a

relevant interest, and

(c)    

the public.

(5)    

The assessment shall include both qualitative and quantitative assessments of the

potential impacts of the proposed trade agreement, including—

(a)    

social,

(b)    

economic,

(c)    

environmental,

(d)    

gender,

(e)    

equalities,

(f)    

climate change,

(g)    

human rights,

(h)    

labour,

Notices of Amendments: 3 January 2020                  

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European Union (Withdrawal Agreement) Bill, continued

(i)    

development, and

(j)    

regional

impacts.

(6)    

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 negotiating mandate

approved under subsection (1)(b).

(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 negotiating mandate

approved under subsection (1)(b), and

(ii)    

if the Minister’s assessment is that the future relationship with

the EU is, in any respect, not likely to reflect that mandate, an

explanation of why that is so, and

(b)    

lay before each House of Parliament the latest rounds of negotiating

texts, by the end of each reporting period, and

(c)    

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) to (13) 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 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)    

Prior to considering a motion approving the text of the negotiated future

relationship treaty, the Government must lay before each House of Parliament a

response to any report by a relevant Parliamentary committee (such as the Exiting

the EU select committee) containing a recommendation in relation to the

ratification of the agreement.

(12)    

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 an

amendable 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.

Notices of Amendments: 3 January 2020                  

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European Union (Withdrawal Agreement) Bill, continued

(13)    

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.”

Member’s explanatory statement

This new clause ensures that MPs get a guaranteed vote with an amendable motion on the EU-UK

Future Relationship and negotiating objectives, and sets out scrutiny of the negotiating mandate.

It requires a sustainability impact assessment of the future relationship; the regular release of

negotiation texts; and engagement with devolved administrations.

As an Amendment to Caroline Lucas’s proposed New Clause (Parliamentary approval

of the future relationship) (NC6):—

Debbie Abrahams

(a)

Line  39,  after “(j) regional” insert “(k) health”

Sir Jeffrey M Donaldson

Sammy Wilson

Mr Gregory Campbell

Jim Shannon

Ian Paisley

Gavin Robinson

Paul Girvan

Carla Lockhart

NC11

To move the following Clause—

“Consent and the Ireland/Northern Ireland Protocol

(1)    

Nothing in this Act affects section 4(5) and 42 of the Northern Ireland Act 1998.

(2)    

Accordingly, if 30 of its members petition the Northern Ireland Assembly

expressing their concern about a matter which is to be voted on by the Assembly,

the vote on that matter shall require cross-community support.

(3)    

“Cross-community support” in relation to a vote in the Northern Ireland

Assembly on any matter, means—

(a)    

the support of a majority of the members voting, a majority of the

designated Nationalists voting and a majority of the designated Unionists

voting; or

(b)    

the support of 60 per cent of the members voting, 40 per cent of the

designated Nationalists voting and 40 per cent of the designated

Unionists voting.

(4)    

“Designated Nationalist” means a member designated as a Nationalist in

accordance with standing orders of the Northern Ireland Assembly and

“designated Unionist” is construed accordingly.”

Member’s explanatory statement

This new Clause re-states the existing law on the operation of cross-community support in votes of

the Northern Ireland Assembly.

Notices of Amendments: 3 January 2020                  

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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

NC12

To move the following Clause—

“Consent and the Ireland/Northern Ireland Protocol (No. 2)

(1)    

Notifying the European Union of the outcome of the democratic consent

processes under Article 18 of the Ireland/Northern Ireland Protocol is a matter for

the Government of the United Kingdom under paragraph 3 of Schedule 2 to the

Northern Ireland Act 1998.

(2)    

The Government of the United Kingdom must seek to apply any democratic

consent process under or in connection with the Withdrawal Agreement in

conformity with existing practice on votes requiring cross-community support in

the Northern Ireland Assembly.

(3)    

The Government of the United Kingdom must accordingly seek to withdraw and

replace any parts of the Declaration of 17 October 2019 by Her Majesty’s

Government of the United Kingdom of Great Britain and Northern Ireland

concerning the operation of the Democratic consent in Northern Ireland provision

of the Protocol on Ireland/Northern Ireland which conflict with the existing

practice on votes of the Northern Ireland Assembly requiring cross-community

support.”

Member’s explanatory statement

Paragraph 3(a) of the Declaration of 17 October 2019 by Her Majesty’s Government concerning

the operation of the Democratic consent in Northern Ireland provision of the Ireland/Northern

Ireland Protocol requires a threshold of a majority of members of the Northern Ireland Assembly

present and voting. This new Clause seeks to replace that threshold with the normal cross-

community support process.

Sir Jeffrey M Donaldson

Sammy Wilson

Mr Gregory Campbell

Jim Shannon

Ian Paisley

Gavin Robinson

Paul Girvan

Carla Lockhart

NC13

To move the following Clause—

“UK internal market

(1)    

The Government of the United Kingdom must maintain and strengthen the

integrity and smooth operation of the internal market of the United Kingdom of

Great Britain and Northern Ireland.

(2)    

Accordingly it is a priority for the Government of the United Kingdom in

negotiations on the future relationship with the EU to reach agreement to