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European Union (Withdrawal Agreement) Bill, continued

(3)    

The Secretary of State must by regulations make provision—

(a)    

implementing article 18(4) of the withdrawal agreement (right of eligible

citizens to receive a residence document), including making provision for

a physical document providing proof of residence;

(b)    

implementing article 17(4) of the EEA EFTA separation agreement

(right of eligible citizens to receive a residence document) including

making provision for a physical document providing proof of residence;

(c)    

implementing article 16(4) of the Swiss citizens’ rights agreement (right

of eligible citizens to receive a residence document) including making

provision for a physical document providing proof of residence.

(4)    

No provision of this or any other enactment, or adopted under this or any other

enactment, may be used to require European Union nationals and their family

members, or nationals of Iceland, Norway, Liechtenstein and Switzerland and

their family members, who reside in the United Kingdom immediately prior to the

end of the implementation period, to apply for a new residence status under

Article 18(1) of the Withdrawal Agreement, or to introduce a deadline for

applications under residence scheme immigration rules or relevant entry

clearance rules.

(5)    

Residence scheme immigration rules and relevant entry clearance immigration

rules may not be amended to provide that any person who benefited or is eligible

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

Ian Blackford

Dr Philippa Whitford

Joanna Cherry

Patrick Grady

NC18

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

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European Union (Withdrawal Agreement) Bill, continued

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.

Sir Edward Davey

Mr Alistair Carmichael

NC33

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

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.

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European Union (Withdrawal Agreement) Bill, continued

(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.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

NC50

To move the following Clause—

“EU Charter of Fundamental Rights impact assessment

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

comprehensive impact assessment of the effect of removing the EU Charter of

Fundamental Rights from domestic law.”

Member’s explanatory statement

This new clause would provide that the UK Government commits to conducting and publishing an

impact assessment of the effect of removal of the EU Charter of Fundamental Rights (by virtue of

section 5(4) of the EU (Withdrawal) Act 2018).

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

Part 4; new Schedules relating to Part 4

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

38

Clause  18,  page  20,  line  10,  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.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

39

Clause  18,  page  20,  line  18,  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.

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European Union (Withdrawal Agreement) Bill, continued

Sir Edward Davey

Mr Alistair Carmichael

47

Clause  18,  page  20,  leave out lines 25 and 26

Member’s explanatory statement

Removing this subsection prevents Ministers from using secondary legislation to amend primary

legislation in order to implement the withdrawal agreement.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

40

Clause  19,  page  21,  line  15,  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.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

41

Clause  19,  page  21,  line  25,  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.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

42

Clause  19,  page  21,  line  34,  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.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

43

Clause  19,  page  21,  line  44,  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.

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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

24

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

“(1A)    

The payment from the Consolidated Fund or 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.

Joanna Cherry

Ian Blackford

Dr Philippa Whitford

Stuart C McDonald

Patrick Grady

44

Clause  21,  page  24,  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.

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;

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European Union (Withdrawal Agreement) Bill, continued

(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.

(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 Edward Davey

Mr Alistair Carmichael

48

Clause  21,  page  25,  line  2,  leave out “(including modifying this Act).”

Member’s explanatory statement

This amendment would prevent Ministers making regulations under this section to modify the

European Union (Withdrawal) Act 2018.

Stephen Farry

33

Clause  21,  page  25,  line  2,  at end insert “except repealing section 7A.”

Member’s explanatory statement

This amendment would remove the uncertainty as to whether Ministers could amend or repeal the

proposed new section 7A of the European Union (Withdrawal) Act 2018.

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

50

Clause  21,  page  25,  line  3,  leave out “may” and insert “must”

Member’s explanatory statement

In conjunction with Amendment 12, this would require the Government to ensure unfettered access

for Northern Ireland goods to the GB market when it makes regulations implementing the

Protocol.

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

Stephen Farry

12

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

Stephen Farry

13

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

Stephen Farry

14

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

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

businesses.