European Union (Withdrawal) Bill

COMMONS AMENDMENTS IN LIEU, AMENDMENTS TO AMENDMENTS and

reasons

[The page and line references are to HL Bill 79, the bill as first printed for the Lords.]

LORDS AMENDMENTS 1 AND 2

Clause 1

1

Page 1, line 2, at end insert—

 

“(1)    

Subsection (2) applies if, and only if, the condition in subsection (3) is met.”

2

Page 1, line 3, at end insert—

 

“(3)    

The condition in this subsection is that, by 31 October 2018, a Minister of

 

the Crown has laid before both Houses of Parliament a statement outlining

 

the steps taken in negotiations under Article 50(2) of the Treaty on

 

European Union to negotiate, as part of the framework for the United

 

Kingdom’s future relationship with the European Union, an arrangement

 

which enables the United Kingdom to continue participating in a customs

 

union with the European Union.”

COMMONS AMENDMENTS IN LIEU

 

The Commons disagree to Lords Amendments 1 and 2 but propose Amendments 1A and

1B in lieu—

1A

Page 9, line 21, at end insert the following new Clause—

 

“Customs arrangement as part of the framework for the future relationship

 

(1)    

A Minister of the Crown must lay before each House of Parliament a

 

statement in writing outlining the steps taken by Her Majesty’s

 

Government, in negotiations under Article 50(2) of the Treaty on European

 

Union, to seek to negotiate an agreement, as part of the framework for the

 

United Kingdom’s future relationship with the EU, for the United

 

Kingdom to participate in a customs arrangement with the EU.

 

(2)    

The statement under subsection (1) must be laid before both Houses of

 

Parliament before the end of 31 October 2018.”

1B

Page 15, line 13, at end insert—

 

“( )    

section (Customs arrangement as part of the framework for the future

 

relationship),”.

 
 

 

 

 
 

2

 

LORDS AMENDMENT 3

After Clause 3

3

Insert the following new Clause—

 

“Maintenance of EU environmental principles and standards

 

(1)    

The Secretary of State must take steps designed to ensure that the United

 

Kingdom’s withdrawal from the EU does not result in the removal or

 

diminution of any rights, powers, liabilities, obligations, restrictions,

 

remedies and procedures that contribute to the protection and

 

improvement of the environment.

 

(2)    

In particular, the Secretary of State must carry out the activities required by

 

subsections (3) to (5) within the period of six months beginning with the

 

date on which this Act is passed.

 

(3)    

The Secretary of State must publish proposals for primary legislation to

 

establish a duty on public authorities to apply principles of environmental

 

law established in EU law or on which EU environmental law is based in

 

the exercise of relevant functions after exit day.

 

(4)    

The Secretary of State must publish proposals for primary legislation to

 

establish an independent body with the purpose of ensuring compliance

 

with environmental law by public authorities.

 

(5)    

The Secretary of State must publish—

 

(a)    

a list of statutory functions that can be exercised so as to achieve the

 

objective in subsection (1); and

 

(b)    

a list of functions currently exercised by EU bodies that require to

 

be retained or replicated in UK law in order to achieve the objective

 

in subsection (1).

 

(6)    

The Secretary of State must before 1 January 2020 lay before Parliament a

 

Statement of Environmental Policy which sets out how the principles in

 

subsection (7) will be given effect.

 

(7)    

The principles referred to in subsection (3) include—

 

(a)    

the precautionary principle as it relates to the environment,

 

(b)    

the principle of preventive action to avert environmental damage,

 

(c)    

the principle that environmental damage should as a priority be

 

rectified at source,

 

(d)    

the polluter pays principle,

 

(e)    

sustainable development,

 

(f)    

prudent and rational utilisation of natural resources,

 

(g)    

public access to environmental information,

 

(h)    

public participation in environmental decision making, and

 

(i)    

access to justice in relation to environmental matters.

 

(8)    

Before complying with subsections (3) to (6) the Secretary of State must

 

consult—

 

(a)    

each of the devolved administrations;

 

(b)    

persons appearing to represent the interests of local government;

 

(c)    

persons appearing to represent environmental interests;

 

(d)    

farmers and land managers; and

 

 


 
 

3

 
 

(e)    

such other persons as the Secretary of State thinks appropriate.”

COMMONS AMENDMENTS IN LIEU

 

The Commons disagree to Lords Amendment 3 but propose Amendments 3A and 3B in

 

lieu—

3A

Page 9, line 21, at end insert the following new Clause—

 

“Maintenance of environmental principles etc.

 

(1)    

The Secretary of State must, within the period of six months beginning with

 

the day on which this Act is passed, publish a draft Bill consisting of—

 

(a)    

a set of environmental principles,

 

(b)    

a duty on the Secretary of State to publish a statement of policy in

 

relation to the application and interpretation of those principles in

 

connection with the making and development of policies by

 

Ministers of the Crown,

 

(c)    

a duty which ensures that Ministers of the Crown must have

 

regard, in circumstances provided for by or under the Bill, to the

 

statement mentioned in paragraph (b),

 

(d)    

provisions for the establishment of a public authority with

 

functions for taking, in circumstances provided for by or under the

 

Bill, proportionate enforcement action (including legal proceedings

 

if necessary) where the authority considers that a Minister of the

 

Crown is not complying with environmental law (as it is defined in

 

the Bill), and

 

(e)    

such other provisions as the Secretary of State considers

 

appropriate.

 

(2)    

The set of environmental principles mentioned in subsection (1)(a) must

 

(however worded) consist of—

 

(a)    

the precautionary principle so far as relating to the environment,

 

(b)    

the principle of preventative action to avert environmental damage,

 

(c)    

the principle that environmental damage should as a priority be

 

rectified at source,

 

(d)    

the polluter pays principle,

 

(e)    

the principle of sustainable development,

 

(f)    

the principle that environmental protection requirements must be

 

integrated into the definition and implementation of policies and

 

activities,

 

(g)    

public access to environmental information,

 

(h)    

public participation in environmental decision-making, and

 

(i)    

access to justice in relation to environmental matters.”

3B

Page 15, line 13, at end insert—

 

“( )    

section (Maintenance of environmental principles etc.),”

 
 

 


 
 

4

 

LORDS AMENDMENT 4

4

Insert the following new Clause—

 

“Enhanced protection for certain areas of EU law

 

(1)    

Following the day on which this Act is passed, a Minister of the Crown may

 

not amend, repeal or revoke retained EU law relating to—

 

(a)    

employment entitlements, rights and protection,

 

(b)    

equality entitlements, rights and protection,

 

(c)    

health and safety entitlements, rights and protection,

 

(d)    

consumer standards, or

 

(e)    

environmental standards and protection,

 

    

except by primary legislation, or by subordinate legislation made under

 

any Act of Parliament insofar as this subordinate legislation meets the

 

requirements in subsections (2) to (5).

 

(2)    

Subordinate legislation which amends, repeals or revokes retained EU law

 

in the areas set out in subsection (1) must be subject to an enhanced scrutiny

 

procedure, to be established by regulations made by the Secretary of State.

 

(3)    

Regulations under subsection (2) may not be made unless a draft has been

 

laid before, and approved by a resolution of, each House of Parliament.

 

(4)    

The enhanced scrutiny procedure provided for by subsection (2) must

 

include a period of consultation with relevant stakeholders.

 

(5)    

When making regulations relating to the areas of retained EU law set out

 

in subsection (1), whether under this Act or any other Act of Parliament, a

 

Minister of the Crown must—

 

(a)    

produce an explanatory statement under paragraph 22 of Schedule

 

7, and

 

(b)    

include a certification that the regulation does no more than make

 

technical changes to retained EU law in order for it to work

 

following exit.”

COMMONS REASON

 

The Commons disagree to Lords Amendment 4 for the following Reason—

4A

Because the Bill already contains sufficient protection for the areas of EU law concerned.

LORDS AMENDMENT 5

Clause 5

5

Page 3, line 20, leave out subsections (4) and (5) and insert—

 

“( )    

The following provisions of the Charter of Fundamental Rights are not part

 

of domestic law on or after exit day—

 

(a)    

the Preamble, and

 

(b)    

Chapter V.”

COMMONS REASON

 

The Commons disagree to Lords Amendment 5 for the following Reason—

 

 


 
 

5

5A

Because none of the Charter of Fundamental Rights should be part of domestic law on or

 

after exit day.

LORDS AMENDMENT 10

Clause 7

10

Page 5, line 3, leave out “the Minister considers appropriate” and insert “is

 

necessary”

COMMONS REASON

 

The Commons disagree to Lords Amendment 10 for the following Reason—

10A

Because it inappropriately restricts the power in Clause 7(1).

LORDS AMENDMENT 19

Before Clause 9

19

Insert the following new Clause—

 

“Parliamentary approval of the outcome of negotiations with the European

Union

 

(1)    

Without prejudice to any other statutory provision relating to the

 

withdrawal agreement, Her Majesty’s Government may conclude such an

 

agreement only if a draft has been—

 

(a)    

approved by a resolution of the House of Commons, and

 

(b)    

subject to the consideration of a motion in the House of Lords.

 

(2)    

So far as practicable, a Minister of the Crown must make arrangements for

 

the resolution provided for in subsection (1)(a) to be debated and voted on

 

before the European Parliament has debated and voted on the draft

 

withdrawal agreement.

 

(3)    

Her Majesty’s Government may implement a withdrawal agreement only

 

if Parliament has approved the withdrawal agreement and any transitional

 

measures agreed within or alongside it by an Act of Parliament.

 

(4)    

Subsection (5) applies in each case that any of the conditions in subsections

 

(6) to (8) is met.

 

(5)    

Her Majesty’s Government must follow any direction in relation to the

 

negotiations under Article 50(2) of the Treaty on European Union which

 

has been—

 

(a)    

approved by a resolution of the House of Commons, and

 

(b)    

subject to the consideration of a motion in the House of Lords.

 

(6)    

The condition in this subsection is that the House of Commons has not

 

approved the resolution required under subsection (1)(a) by 30 November

 

2018.

 

(7)    

The condition in this subsection is that the Act of Parliament required

 

under subsection (3) has not received Royal Assent by 31 January 2019.

 

 


 
 

6

 
 

(8)    

The condition in this subsection is that no withdrawal agreement has been

 

reached between the United Kingdom and the European Union by 28

 

February 2019.

 

(9)    

In this section, “withdrawal agreement” means an agreement (whether or

 

not ratified) 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 and the framework for the

 

United Kingdom’s future relationship with the European Union.”

COMMONS AMENDMENTS IN LIEU

 

The Commons disagree to Lords Amendment 19 but propose Amendments 19A and 19B

 

in lieu—

19A

Page 8, line 43, at end insert the following new Clause—

 

“Parliamentary approval of the outcome of negotiations with the EU

 

(1)    

The withdrawal agreement may be ratified only if— 

 

(a)    

a Minister of the Crown has laid before each House of Parliament—

 

(i)    

a statement that political agreement has been reached,

 

(ii)    

a copy of the negotiated withdrawal agreement, and

 

(iii)    

a copy of the framework for the future relationship,

 

(b)    

the negotiated withdrawal agreement and the framework for the

 

future relationship have been approved by a resolution of the

 

House of Commons on a motion moved by a Minister of the Crown,

 

(c)    

a motion for the House of Lords to take note of the negotiated

 

withdrawal agreement and the framework for the future

 

relationship has been tabled in the House of Lords by a Minister of

 

the Crown and—

 

(i)    

the House of Lords has debated the motion, or

 

(ii)    

the House of Lords has not concluded a debate on the

 

motion before the end of the period of five sitting days

 

beginning with the first sitting day after the day on which

 

the House of Commons passes the resolution mentioned in

 

paragraph (b), and

 

(d)    

an Act of Parliament has been passed which contains provision for

 

the implementation of the withdrawal agreement.

 

(2)    

So far as practicable, a Minister of the Crown must make arrangements for

 

the motion mentioned in subsection (1)(b) to be debated and voted on by

 

the House of Commons before the European Parliament decides whether it

 

consents to the withdrawal agreement being concluded on behalf of the EU

 

in accordance with Article 50(2) of the Treaty on European Union.

 

(3)    

Subsection (4) applies if the House of Commons decides not to pass the

 

resolution mentioned in subsection (1)(b).

 

(4)    

A Minister of the Crown must, within the period of 28 days beginning with

 

the day on which the House of Commons decides not to pass the

 

resolution, make a statement setting out how Her Majesty’s Government

 

proposes to proceed in relation to negotiations for the United Kingdom’s

 

withdrawal from the EU under Article 50(2) of the Treaty on European

 

Union.

 
 

 


 
 

7

 
 

(5)    

A statement under subsection (4) must be made in writing and be

 

published in such manner as the Minister making it considers appropriate.

 

(6)    

This section does not affect the operation of Part 2 of the Constitutional

 

Reform and Governance Act 2010 (ratification of treaties) in relation to the

 

withdrawal agreement.

 

(7)    

In this section—

 

“framework for the future relationship” means the document or

 

documents identified, by the statement that political agreement has

 

been reached, as reflecting the agreement in principle on the

 

substance of the framework for the future relationship between the

 

EU and the United Kingdom after withdrawal;

 

“negotiated withdrawal agreement” means the draft of the

 

withdrawal agreement identified by the statement that political

 

agreement has been reached;

 

“ratified”, in relation to the withdrawal agreement, has the same

 

meaning as it does for the purposes of Part 2 of the Constitutional

 

Reform and Governance Act 2010 in relation to a treaty (see section

 

25 of that Act);

 

“sitting day” means a day on which the House of Lords is sitting (and

 

a day is only a day on which the House of Lords is sitting if the

 

House begins to sit on that day);

 

“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 in negotiations under Article

 

50(2) of the Treaty on European Union on the substance of—

 

(i)    

the arrangements for the United Kingdom’s

 

withdrawal from the EU, and

 

(ii)    

the framework for the future relationship between

 

the EU and the United Kingdom after withdrawal,

 

(b)    

identifies a draft of the withdrawal agreement which, in the

 

Minister’s opinion, reflects the agreement in principle so far

 

as relating to the arrangements for withdrawal, and

 

(c)    

identifies one or more documents which, in the Minister’s

 

opinion, reflect the agreement in principle so far as relating

 

to the framework.”

19B

Page 15, line 12, at end insert—

 

“( )    

section (Parliamentary approval of the outcome of negotiations with the

 

EU),”

LORDS AMENDMENT 20

Clause 9

20

Page 7, line 7, after “to” insert—

 

“(a)    

approval by Parliament of a mandate for negotiations about the

 

United Kingdom’s future relationship with the EU; and

 

(b)    

COMMONS REASON

 

The Commons disagree to Lords Amendment 20 for the following Reason—

 

 


 
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13 June 2018