Session 2019-21
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 20 December 2019

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1 to 10 and NC1 to NC9

 

Committee of the whole House


 

European Union (Withdrawal Agreement) Bill


 

Note

 

This document includes all remaining amendments and includes any withdrawn

 

amendments at the end. The amendments have been arranged in accordance with

 

the Order of the House [20 December 2019].

 

 


 

Clauses 1 to 6; new Clauses relating to Part 1 or 2; new Schedules relating

 

to Part 1 or 2

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Extension of the implementation period

 

    

After section 15 of the European Union (Withdrawal) Act 2018 (publication of

 

and rules of evidence) insert—

 

“(1)    

A Minister of the Crown must seek to secure agreement in the Joint

 

Committee to a single decision to extend the implementation period by


 
 

Notices of Amendments: 20 December 2019                  

2

 

European Union (Withdrawal Agreement) Bill, continued

 
 

two years, in accordance with Article 132 of the Withdrawal Agreement

 

unless one or more condition in subsection (2) is met.

 

(2)    

Those conditions are—

 

(a)    

it is before 15 June 2020;

 

(b)    

an agreement on the future trade relationship has been

 

concluded;

 

(c)    

the House of Commons has passed a motion in the form set out

 

in subsection (3) and the House of Lords has considered a motion

 

to take note of the Government’s intention not to request an

 

extension.

 

(3)    

The form of the motion mentioned in subsection (2)(c) is “That this

 

House approves of the Government’s decision not to apply for an

 

extension to the period for implementing the agreement between the

 

United Kingdom and the EU under Article 50(2) of the Treaty on

 

European Union which sets out the arrangements for the United

 

Kingdom’s withdrawal from the EU”.

 

(4)    

If the Joint Committee does not agree the extension specified in

 

subsection (1) but EU representatives on the Joint Committee indicate

 

that they would agree an extension for a shorter period, a Minister of the

 

Crown must move a motion in the House of Commons to agree the

 

shorter period proposed, and if that motion is agreed, a Minister of the

 

Crown must agree that shorter extension in the Joint Committee.

 

(5)    

Any Minister of the Crown who attends the Joint Committee may seek

 

agreement to terminate the implementation period if a final agreement on

 

the future trade relationship is ratified before the end of the

 

implementation period.”

 

Member’s explanatory statement

 

This new clause would restore the role for Parliament in deciding whether to extend transition to

 

avoid a WTO Brexit.

 

 


 

Clauses 7 to 14; Schedule 1; Clause 15; Schedule 2; Clauses 16 and 17; new

 

Clauses relating to Part 3; new Schedules relating to Part 3

 

Stuart C McDonald

 

5

 

Parliamentary Star    

Clause  7,  page  9,  line  36,  leave out from “Crown” to end of Clause and insert “must

 

by regulations make provision—

 

“(a)    

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

 

citizens to residence documents proving legal status), including making

 

provision for a physical document;

 

(b)    

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

 

(right of eligible citizens to residence documents proving legal status)

 

including making provision for a physical document; and

 

(c)    

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

 

of eligible citizens to residence documents proving legal status).”

 

Member’s explanatory statement

 

This amendment would mean that EEA and Swiss citizens residing in the UK would automatically

 

have rights under article 18(4) of the withdrawal agreement (and equivalent provisions in the EEA


 
 

Notices of Amendments: 20 December 2019                  

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European Union (Withdrawal Agreement) Bill, continued

 
 

EFTA and Swiss citizens rights agreements) rather than having to apply for them, and would have

 

the right to a physical document proving their status.

 

Stuart C McDonald

 

6

 

Parliamentary Star    

Clause  7,  page  10,  line  41,  at end insert—

 

“(3A)    

Regulations made under this section shall apply to the rights of all persons

 

eligible for leave to enter or remain in the United Kingdom by virtue of—

 

(a)    

the withdrawal agreement;

 

(b)    

residence scheme immigration rules (see section 17) as in force on 21

 

December 2019 and

 

(c)    

such other persons as Ministers consider appropriate.

 

(3B)    

The residence scheme immigration rules (see section 17) may not be amended so

 

as to reduce the range of persons eligible for leave to enter or remain in the United

 

Kingdom by virtue of those rules (other than by primary legislation), but other

 

persons may be added as Ministers consider appropriate.”

 

Member’s explanatory statement

 

This amendment would ensure that the range of persons entitled under UK law to benefit from the

 

rights set out in the Withdrawal Agreement cannot be reduced except by primary legislation.

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

2

 

Parliamentary Star    

Clause  11,  page  14,  line  2,  leave out subsections (1) and insert—

 

“(1)    

A person may appeal against a citizens’ rights immigration decision to the First-

 

tier Tribunal.”

 

Member’s explanatory statement

 

This amendment would give a right of appeal against a citizens’ rights immigration decision.

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

3

 

Parliamentary Star    

Clause  11,  page  14,  line  24,  leave out subsections (3) and (4) and insert—

 

“(3)    

Subject to subsection (4), while an appeal is pending, the person concerned shall

 

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

 

the residence scheme immigration rules, in particular as concerns residence,

 

employment, access to social security benefits and other services.

 

(4)    

Subsection (3) does not apply to an appeal against a decision falling within

 

subsection (2)(a) or (c).

 

(4A)    

“Pending” shall have the same meaning for the purposes of subsections (3) and

 

(4) as in section 104 of the Nationality, Immigration and Asylum Act 2002.”


 
 

Notices of Amendments: 20 December 2019                  

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European Union (Withdrawal Agreement) Bill, continued

 
 

Stuart C McDonald

 

7

 

Parliamentary Star    

Clause  11,  page  14,  line  25,  leave out “(including judicial reviews)”

 

Member’s explanatory statement

 

This amendment would remove the power being provided to ministers to make regulations about

 

judicial review of certain immigration decisions.

 


 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

         

“Protecting EU Citizens’ Rights

 

(1)    

This section applies to—

 

(a)    

European Union citizens having the right to reside permanently in the UK

 

according to Article 15 (“Rights of permanent residence”) of the

 

Withdrawal Agreement;

 

(b)    

persons to whom the provisions in (a) do not apply but who are eligible

 

for indefinite leave to enter or remain, or limited leave to enter or remain

 

by virtue of residence scheme immigration rules (see section 17).

 

(2)    

A person to which this section applies has the rights and obligations provided in

 

Article 12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement.

 

(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


 
 

Notices of Amendments: 20 December 2019                  

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European Union (Withdrawal Agreement) Bill, continued

 
 

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.

 

 


 

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

 

4; new Schedules relating to Part 4

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

1

 

Parliamentary Star    

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.

 

(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.

 

Dr Philippa Whitford

 

10

 

Parliamentary Star    

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,


 
 

Notices of Amendments: 20 December 2019                  

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European Union (Withdrawal Agreement) Bill, continued

 
 

(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.”

 


 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

4

 

Parliamentary Star    

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.

 



 
 

Notices of Amendments: 20 December 2019                  

7

 

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

 

nc6

 

Parliamentary Star    

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,


 
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Revised 20 December 2019