Session 2019-21
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Other Bills before Parliament


 
 

Notices of Amendments: 3 January 2020                  

29

 

European Union (Withdrawal Agreement) Bill, continued

 
 

supersede any provisions of the Ireland/Northern Ireland Protocol which impede

 

or conflict with the duty in subsection (1).”

 

Member’s explanatory statement

 

This new Clause seeks to replace any provisions of the Ireland/Northern Ireland Protocol which

 

fail to maintain and strengthen the integrity and smooth operation of the internal market of the

 

United Kingdom of Great Britain and Northern Ireland.

 


 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

NC14

 

To move the following Clause—

 

         

“Sovereignty and Northern Ireland

 

(1)    

Nothing in this Act contradicts Article 6 of the Union with Ireland Act 1800.

 

(2)    

Accordingly, Her Majesty’s subjects of Great Britain and Northern Ireland are

 

entitled to the same privileges, and to be on the same footing as to

 

encouragements and bounties on the like articles, being the growth, produce, or

 

manufacture of either country respectively, and generally in respect of trade and

 

navigation in all ports and places in the United Kingdom and its dependencies;

 

and that in all treaties made by Her Majesty, her heirs, and successors, with any

 

foreign power, Her Majesty’s subjects of Northern Ireland shall have same the

 

privileges, and be on the same footing as Her Majesty’s subjects of Great

 

Britain.”

 

Member’s explanatory statement

 

This new Clause re-states the fundamental constitutional principle of unfettered trade between

 

Northern Ireland and Great Britain.

 


 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

NC15

 

To move the following Clause—

 

         

“Sovereignty and Northern Ireland (No.2)

 

(1)    

Nothing in this Act affects the status of Northern Ireland set out in section 1 of

 

the Northern Ireland Act 1998.


 
 

Notices of Amendments: 3 January 2020                  

30

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(2)    

Accordingly, Northern Ireland in its entirety remains part of the United Kingdom

 

and shall not cease to be so without the consent of a majority of the people of

 

Northern Ireland voting in a poll held for the purposes of this section in

 

accordance with Schedule 1 to the Northern Ireland Act 1998.”

 

Member’s explanatory statement

 

This new Clause re-states the fundamental constitutional principle of Northern Ireland remaining

 

part of the United Kingdom, unless a majority of the people of Northern Ireland vote to decide

 

otherwise.

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Ben Lake

 

Hywel Williams

 

NC17

 

To move the following Clause—

 

         

“Objectives during negotiations

 

(1)    

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,

 

(b)    

a motion for the House of Lords to take note of that statement has been

 

moved in that House by a Minister of the Crown,

 

(c)    

a motion relating to that statement has been approved by a resolution of

 

the National Assembly for Wales,

 

(d)    

a motion relating to that statement has been approved by a resolution of

 

the Scottish Parliament,

 

(e)    

a motion relating to that statement has been approved by a resolution of

 

the Northern Ireland Assembly.

 

(2)    

Notwithstanding subsection 1(e), a Minister of the Crown may engage in

 

negotiations on the future relationship with the EU if the Northern Ireland

 

Assembly has not approved the appointment of a First Minister and deputy First

 

Minister within six weeks of the day on which this Act is passed.”

 

Member’s explanatory statement

 

This new clause would require the Government to seek the consent of all the parliaments of the UK

 

for its objectives during negotiations on the future relationship with the EU.

 


 

Mr David Davis

 

NC21

 

Parliamentary Star - white    

To move the following Clause—

 

         

“International trade

 

(1)    

The Government shall, during the implementation period, use its flexibilities

 

under Article 129(4) of the Withdrawal Agreement to negotiate trade agreements

 

with other parties.


 
 

Notices of Amendments: 3 January 2020                  

31

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(2)    

The Government shall, from 1 February 2020, and subject to the procedures for

 

participation in the World Trade Organisation (WTO), exercise full rights as an

 

individual member of the WTO and shall seek to—

 

(a)    

join any relevant committees and sub-committees that serve the UK‘s

 

national interest, and

 

(b)    

speak in the WTO on all matters that serve the UK‘s national interest,

 

notwithstanding the Duty of Sincere Co-operation under Article 4(3) of

 

the Treaty on European Union and the Common Commercial Policy

 

which are applicable during the implementation period.”

 

Member’s explanatory statement

 

This new clause would mandate the Government to participate actively in the World Trade

 

Organisation to serve the UK’s national interest.

 


 

Stephen Farry

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Jim Shannon

 

Ian Paisley

 

Carla Lockhart

 

NC22

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Joint Committee representation from Northern Ireland

 

    

After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-

 

chairs of the Joint Committee) (for which see section 34 above) insert—

 

“15BA

  Joint Committee representation from Northern Ireland

 

    

The United Kingdom delegation to the Joint Committee must always

 

include representation from Northern Ireland, namely either—

 

(a)    

a representative agreed jointly by the First Minister and deputy

 

First Minister, or

 

(b)    

in period when there is no Northern Ireland Executive, a

 

representative nominated by the Head of the Northern Ireland

 

Civil Service.””

 

Member’s explanatory statement

 

This new clause would require Northern Ireland to be represented on the Joint Committee.

 



 
 

Notices of Amendments: 3 January 2020                  

32

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Stephen Farry

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Jim Shannon

 

Ian Paisley

 

Carla Lockhart

 

NC23

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Joint Committee and the Belfast Agreement

 

    

After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-

 

chairs of the Joint Committee) (for which see section 34 above) insert—

 

“15BB

  Joint Committee and the Belfast Agreement

 

    

The United Kingdom representatives on the Joint Committee must have

 

due regard for all aspects of the Belfast Agreement within their work.””

 

Member’s explanatory statement

 

This new clause would require UK representatives on the Joint Committee to have due regard for

 

all aspects of the 1998 Belfast (Good Friday) Agreement within their work.

 


 

Stephen Farry

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Jim Shannon

 

Ian Paisley

 

Carla Lockhart

 

NC24

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Joint Committee and Article 50 phase 1 report

 

    

After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-

 

chairs of the Joint Committee) (for which see section 34 above) insert—

 

“15BC

  Joint Committee and Article 50 phase 1 report

 

    

The United Kingdom representatives on the Joint Committee must have

 

due regard within their work to the UK government commitments in the

 

joint report from the negotiators of the EU and the United Kingdom

 

Government on progress during phase 1 of negotiations under Article 50

 

of the Treaty on European Union.””

 

Member’s explanatory statement

 

This new clause would require UK representatives on the Joint Committee to have due regard

 

within their work to the UK government commitments in the joint report of 8 December 2017 from

 

the negotiators of the EU and the UK on phase 1 of the Article 50 negotiations, including its

 

references to unfettered access for Northern Ireland businesses to the whole of the United

 

Kingdom internal market.

 



 
 

Notices of Amendments: 3 January 2020                  

33

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Stephen Farry

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Jim Shannon

 

Ian Paisley

 

Carla Lockhart

 

NC25

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Specialised Committee on the Ireland/Northern Ireland Protocol Group

 

representation from Northern Ireland

 

    

After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-

 

chairs of the Joint Committee) (for which see section 34 above) insert—

 

“15BD

  Specialised Committee on the Ireland/Northern Ireland Protocol

 

Group representation from Northern Ireland

 

    

The United Kingdom delegation on the Specialised Committee on the

 

Ireland/Northern Ireland Protocol Group must always include

 

representation from Northern Ireland, either—

 

(a)    

agreed jointly by the First Minister and deputy First Minister, or

 

(b)    

in period when there is no Northern Executive, nominated by the

 

Head of the Northern Ireland Civil Service.””

 

Member’s explanatory statement

 

This new clause would require Northern Ireland to be represented on the Specialised Committee

 

on the Ireland/Northern Ireland Protocol Group established under Article 14 of the Ireland/

 

Northern Ireland Protocol.

 


 

Stephen Farry

 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Jim Shannon

 

Ian Paisley

 

Carla Lockhart

 

NC26

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Joint Consultative Working Group representation from Northern Ireland

 

    

After section 15B of the European Union (Withdrawal) Act 2018 (Ministerial co-

 

chairs of the Joint Committee) (for which see section 34 above) insert—

 

“15BE

  Joint Consultative Working Group representation from Northern

 

Ireland

 

    

The United Kingdom representatives on the Joint Consultative Working

 

Group must always include representation from Northern Ireland,

 

either—

 

(a)    

agreed jointly by the First Minister and deputy First Minister, or


 
 

Notices of Amendments: 3 January 2020                  

34

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(b)    

in period when there is no Northern Executive, nominated by the

 

Head of the Northern Ireland Civil Service.””

 

Member’s explanatory statement

 

This new clause would require Northern Ireland to be represented on the Joint Consultative

 

Working Group established under Article 15 of the Ireland/Northern Ireland Protocol.

 


 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

NC39

 

Parliamentary Star    

To move the following Clause—

 

         

“Fisheries

 

(1)    

Ministers of the Crown have as an objective in negotiations with the EU on the

 

future relationship preserving, protecting and promoting the future of the

 

fisheries industry based in Northern Ireland.

 

(2)    

In order to promote unfettered access of Northern Ireland fishermen to the UK

 

internal market, Ministers must seek an agreement with the EU that fish caught

 

in compliance with UK fisheries policy by trawlers based in Northern Ireland and

 

landed in UK harbours for the UK internal market will not require after the end

 

of the implementation period any more documentation than was required before

 

exit day.”

 

Member’s explanatory statement

 

This new clause aims to address a specific example of unfettered access in order to avoid an

 

increase in paperwork being required for the Northern Ireland fishing industry after the UK leaves

 

the EU.

 


 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

NC40

 

Parliamentary Star    

To move the following Clause—

 

         

“State aid

 

(1)    

The UK Government must exercise its responsibilities for implementing and

 

applying the provisions of Union law under Article 12 of the Protocol on Ireland/

 

Northern Ireland in accordance with this section.


 
 

Notices of Amendments: 3 January 2020                  

35

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(2)    

The UK Government must, when exercising its responsibilities with respect to

 

Article 10 of the Protocol (State aid) in relation to a Northern Ireland product,

 

take no account of whether any products originating from Great Britain that are

 

contained in that Northern Ireland product may have received state aid.”

 

Member’s explanatory statement

 

This new clause would provide that any state aid provided to GB products that are included in

 

Northern Ireland products cannot be taken into account when the UK Government assesses the

 

state aid status of those NI products.

 


 

Sir Jeffrey M Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

NC41

 

Parliamentary Star    

To move the following Clause—

 

         

“Regulatory divergence

 

(1)    

The Competition and Markets Authority must at intervals of not more than 12

 

months publish an assessment as to whether the effect of any regulatory

 

divergence between the UK and the EU has been to place Northern Ireland

 

businesses at a competitive disadvantage within the UK internal market that

 

would constitute grounds for the UK to take safeguard measures under paragraph

 

1 of Article 16 of the Protocol on Ireland/Northern Ireland.

 

(2)    

The first assessment under subsection (1) shall be published no later than 12

 

months after the last day of the implementation period.

 

(3)    

If the Competition and Markets Authority makes an assessment under subsection

 

(1) that the effect of any regulatory divergence is that there are grounds for the

 

UK to take safeguard measures, the UK Government must within three months of

 

receiving that assessment take safeguard measures under Article 16 of the

 

Protocol that are in its opinion sufficient to remedy the competitive disadvantage.

 

(4)    

The Competition and Markets Authority shall report its opinion as to the

 

adequacy and effectiveness of any safeguard measures under subsection (3) when

 

making its next assessment under subsection (1).”

 

Member’s explanatory statement

 

This new clause would require regular assessments by the CMA as to whether regulatory

 

divergence between the UK and the EH has put Northern Ireland businesses at a serious

 

competitive disadvantage, and in the event of such a finding would require the Government to

 

remedy that disadvantage.

 



 
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Revised 03 January 2020