Session 2019-21
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 20 December 2019                  

8

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(g)    

human rights,

 

(h)    

labour,

 

(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: 20 December 2019                  

9

 

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.

 


 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Kirsty Blackman

 

Stuart C McDonald

 

Patrick Grady

Tommy Sheppard

Stewart Hosie

 

NC7

 

Parliamentary Star    

To move the following Clause—

 

         

“Legislative Consent Motions

 

    

This Act may only come in to force once a Legislative Consent Motion relating

 

to this Act has been approved by the devolved legislatures of Scotland, Wales and

 

Northern Ireland.”

 

Member’s explanatory statement

 

This new clause would require this Bill to have gained consent of the devolved legislatures before

 

coming into effect.

 

 


 

Clauses 38 to 40; Schedule 4; Clause 41; Schedule 5; Clause 42; new Clauses

 

relating to Part 5; new Schedules relating to Part 5

 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Kirsty Blackman

 

Stuart C McDonald

 

Patrick Grady

Tommy Sheppard

Stewart Hosie

 

8

 

Parliamentary Star    

Clause  42,  page  40,  line  13,  leave out “Scotland”

 

Member’s explanatory statement

 

This amendment would dis-apply this bill to Scotland.


 
 

Notices of Amendments: 20 December 2019                  

10

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Ian Blackford

 

Peter Grant

 

Joanna Cherry

 

Kirsty Blackman

 

Stuart C McDonald

 

Patrick Grady

Tommy Sheppard

Stewart Hosie

 

9

 

Parliamentary Star    

Clause  42,  page  41,  line  6,  leave out from “force” to end and insert “only when

 

each House of Parliament has approved a motion tabled by a Minister of the Crown

 

considering a ministerial economic impact assessment of the commencement of this Act.”

 

Member’s explanatory statement

 

This amendment would require the House to endorse an economic impact assessment of measures

 

this bill would implement.

 


 

Remaining new Clauses, remaining new Schedules, remaining proceedings

 

in Committee on the Bill

 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

NC1

 

Parliamentary Star    

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.


 
 

Notices of Amendments: 20 December 2019                  

11

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(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.

 

(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


 
 

Notices of Amendments: 20 December 2019                  

12

 

European Union (Withdrawal Agreement) Bill, continued

 
 

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.

 

(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


 
 

Notices of Amendments: 20 December 2019                  

13

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(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.

 


 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Protecting workers’ rights

 

(1)    

It shall be an objective of the Government to secure an agreement with the

 

European Union that achieves the following outcomes—

 

(a)    

that the United Kingdom will not introduce any measure which would

 

have the effect of reducing in any way the protection provided by any

 

Retained EU Worker Rights after IP completion day;

 

(b)    

that the United Kingdom shall take all steps necessary to ensure that,

 

from exit day, all Retained EU Worker Rights will continue to have at

 

least the same level of protection in the United Kingdom as is applicable

 

in other Member States;

 

(c)    

that where, after IP completion day, the European Union brings into force

 

or effect any New EU Workers’ Rights, the result and legal consequences

 

in the United Kingdom of those New EU Workers’ Rights shall be the

 

same as if those New EU Workers’ Rights had been Workers’ Rights

 

brought into force and effect by the European Union before IP

 

completion day;

 

(d)    

that those parts of the Treaties which, before IP completion day, provide

 

for any matter concerning the interpretation of Workers Rights in any

 

part of the United Kingdom to be determined by the Court of Justice of

 

the European Union shall continue to apply to the United Kingdom or

 

such part of the United Kingdom to the same extent after IP completion

 

day;

 

(e)    

that after IP completion day, the procedural rules, including limitation

 

periods, rules of courts and tribunals and remedies, governing actions for

 

safeguarding New EU Workers’ Rights and Retained EU Worker Rights

 

in the United Kingdom shall continue to be no less favourable than the

 

procedural rules governing similar actions under United Kingdom law;

 

(f)    

that nothing in this clause shall prevent the United Kingdom from

 

introducing amendments to Workers’ Rights for the purpose of making

 

such provisions more favourable to the protection of workers;

 

(g)    

that the terms at (a) to (f) shall have direct effect and shall be recognised

 

and available in law and be capable of enforcement by individuals and

 

their trade unions in courts and tribunal.


 
 

Notices of Amendments: 20 December 2019                  

14

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(2)    

Subsections (3) and (4) cease to apply if the Government has secured an

 

agreement with the European Union that achieves the objective in subsection (1).

 

(3)    

A Minister of the Crown must make an oral statement to the House of Commons

 

on the objective in subsection (1)—

 

(a)    

within three months of this Act coming into force;

 

(b)    

at least as frequently as every 28 days thereafter.

 

(4)    

Each statement made under subsection (3) must set out—

 

(a)    

the steps taken by the 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.

 

(5)    

For the purpose of this section—

 

“New EU Worker Right” means any Workers’ Rights—

 

(a)    

which Member States are obliged to confer by an EU directive

 

published in the Official Journal of the European Union on or

 

after IP completion day; or

 

(b)    

that are conferred by an EU regulation or other instrument

 

published in the Official Journal of the European Union on or

 

after IP completion day; or

 

(c)    

that arise out of a judgment of the Court of Justice of the

 

European Union on or after IP completion day;

 

and shall include any improvement to a Workers’ Right which existed

 

before IP completion day;

 

“Retained EU Worker Rights” means Workers’ Rights which—

 

(a)    

immediately before IP completion day, the United Kingdom was

 

obliged to confer by virtue of the Treaties and the EU directives

 

listed in Schedule 1, or which were, without further enactment,

 

given legal effect in the United Kingdom; and

 

(b)    

on IP completion day, continued to have effect in any part of the

 

United Kingdom;

 

“Workers’ Rights” means rights of individuals, classes of individuals and

 

their trade unions, in all areas of labour protection including—

 

(a)    

fundamental rights at work, including all forms of

 

discrimination;

 

(b)    

fair working conditions and employment standards;

 

(c)    

information and consultation rights;

 

(d)    

restructuring of undertakings and acquired rights; and

 

(e)    

health and safety at work.

 

“Exit day” shall have the same meaning as in the European Union

 

(Withdrawal) Act 2018.

 

“IP completion day” shall have the same meaning as in the European Union

 

(Withdrawal Agreement) Act 2020.”

 

Member’s explanatory statement

 

This new clause would require the Government to negotiate a comprehensive agreement with the

 

EU protecting workers’ rights.

 



 
PreviousBack to StartNext
 

Revised 20 December 2019