Session 2019-21
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 30 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: 11 to 19 and NC10 to NC17

 

Committee of the whole House


 

European Union (Withdrawal Agreement) Bill


 

Note

 

This document includes all amendments tabled to date 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withdrawn amendments at the end.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

Nick Thomas-Symonds

 

NC4


 
 

Notices of Amendments: 30 December 2019                  

2

 

European Union (Withdrawal Agreement) Bill, continued

 
 

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—

 

“15A  

Extension of the implementation period

 

“(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

 

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

 

Joanna Cherry

 

Patrick Grady

 

Dr Philippa Whitford

 

5

 

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


 
 

Notices of Amendments: 30 December 2019                  

3

 

European Union (Withdrawal Agreement) Bill, continued

 
 

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

 

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

 

Joanna Cherry

 

Patrick Grady

 

Dr Philippa Whitford

 

6

 

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

 

“(3A)    

Regulations made under this section shall apply to—

 

(a)    

the rights of all persons eligible for leave to enter or remain in the United

 

Kingdom by virtue of—

 

(i)    

the withdrawal agreement, or

 

(ii)    

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

 

on 21 December 2019, and

 

(b)    

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

Nick Thomas-Symonds

 

2

 

Clause  11,  page  14,  line  2,  leave out subsection (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.


 
 

Notices of Amendments: 30 December 2019                  

4

 

European Union (Withdrawal Agreement) Bill, continued

 
 

Jeremy Corbyn

 

Keir Starmer

 

Paul Blomfield

 

Thangam Debbonaire

 

Valerie Vaz

 

Mr Nicholas Brown

Nick Thomas-Symonds

 

3

 

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.”

 

Stuart C McDonald

 

7

 

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

Nick Thomas-Symonds

 

NC5

 

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;


 
 

Notices of Amendments: 30 December 2019                  

5

 

European Union (Withdrawal Agreement) Bill, continued

 
 

(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.

 

 


 

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

Nick Thomas-Symonds

 

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;


 
 

Notices of Amendments: 30 December 2019                  

6

 

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 Jeffrey M. Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

12

 

Parliamentary Star    

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

 

13

 

Parliamentary Star    

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.


 
 

Notices of Amendments: 30 December 2019                  

7

 

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

 

14

 

Parliamentary Star    

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.

 

Sir Jeffrey M. Donaldson

 

Sammy Wilson

 

Mr Gregory Campbell

 

Jim Shannon

 

Ian Paisley

 

Gavin Robinson

Paul Girvan

Carla Lockhart

 

15

 

Parliamentary Star    

Clause  21,  page  25,  line  16,  at end insert—

 

“(6C)    

Regulations under subsection (1) must include provision to prevent the exclusion

 

of Northern Ireland produce or products from British marketing campaigns or

 

assurance, trade and labelling schemes.”

 

Member’s explanatory statement

 

This amendment is intended to prevent Northern Ireland products being excluded from ‘Red

 

Tractor’ or ‘Buy British’ marketing schemes.

 

Dr Philippa Whitford

 

10

 

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,

 

(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.”

 

Member’s explanatory statement

 

This amendment would apply the usual restrictions on Ministers’ delegated power to make

 

regulations under the Government’s proposed new section 8C of the European Union

 

(Withdrawal) Act 2018.


 
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Revised 30 December 2019