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European Union (Withdrawal) Bill |
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COMMONS AMENDMENTS IN LIEU, AMENDMENTS TO AMENDMENTS and |
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[The page and line references are to HL Bill 79, the bill as first printed for the Lords.] |
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1 | Page 1, line 2, at end insert— |
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| “(1) | Subsection (2) applies if, and only if, the condition in subsection (3) is met.” |
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2 | Page 1, line 3, at end insert— |
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| “(3) | The condition in this subsection is that, by 31 October 2018, a Minister of |
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| the Crown has laid before both Houses of Parliament a statement outlining |
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| the steps taken in negotiations under Article 50(2) of the Treaty on |
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| European Union to negotiate, as part of the framework for the United |
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| Kingdom’s future relationship with the European Union, an arrangement |
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| which enables the United Kingdom to continue participating in a customs |
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| union with the European Union.” |
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COMMONS AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendments 1 and 2 but propose Amendments 1A and 1B in lieu— |
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1A | Page 9, line 21, at end insert the following new Clause— |
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| “Customs arrangement as part of the framework for the future relationship |
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| (1) | A Minister of the Crown must lay before each House of Parliament a |
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| statement in writing outlining the steps taken by Her Majesty’s |
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| Government, in negotiations under Article 50(2) of the Treaty on European |
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| Union, to seek to negotiate an agreement, as part of the framework for the |
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| United Kingdom’s future relationship with the EU, for the United |
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| Kingdom to participate in a customs arrangement with the EU. |
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| (2) | The statement under subsection (1) must be laid before both Houses of |
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| Parliament before the end of 31 October 2018.” |
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1B | Page 15, line 13, at end insert— |
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| “( ) | section (Customs arrangement as part of the framework for the future |
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3 | Insert the following new Clause— |
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| “Maintenance of EU environmental principles and standards |
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| (1) | The Secretary of State must take steps designed to ensure that the United |
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| Kingdom’s withdrawal from the EU does not result in the removal or |
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| diminution of any rights, powers, liabilities, obligations, restrictions, |
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| remedies and procedures that contribute to the protection and |
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| improvement of the environment. |
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| (2) | In particular, the Secretary of State must carry out the activities required by |
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| subsections (3) to (5) within the period of six months beginning with the |
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| date on which this Act is passed. |
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| (3) | The Secretary of State must publish proposals for primary legislation to |
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| establish a duty on public authorities to apply principles of environmental |
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| law established in EU law or on which EU environmental law is based in |
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| the exercise of relevant functions after exit day. |
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| (4) | The Secretary of State must publish proposals for primary legislation to |
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| establish an independent body with the purpose of ensuring compliance |
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| with environmental law by public authorities. |
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| (5) | The Secretary of State must publish— |
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| (a) | a list of statutory functions that can be exercised so as to achieve the |
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| objective in subsection (1); and |
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| (b) | a list of functions currently exercised by EU bodies that require to |
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| be retained or replicated in UK law in order to achieve the objective |
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| (6) | The Secretary of State must before 1 January 2020 lay before Parliament a |
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| Statement of Environmental Policy which sets out how the principles in |
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| subsection (7) will be given effect. |
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| (7) | The principles referred to in subsection (3) include— |
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| (a) | the precautionary principle as it relates to the environment, |
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| (b) | the principle of preventive action to avert environmental damage, |
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| (c) | the principle that environmental damage should as a priority be |
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| (d) | the polluter pays principle, |
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| (e) | sustainable development, |
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| (f) | prudent and rational utilisation of natural resources, |
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| (g) | public access to environmental information, |
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| (h) | public participation in environmental decision making, and |
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| (i) | access to justice in relation to environmental matters. |
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| (8) | Before complying with subsections (3) to (6) the Secretary of State must |
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| (a) | each of the devolved administrations; |
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| (b) | persons appearing to represent the interests of local government; |
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| (c) | persons appearing to represent environmental interests; |
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| (d) | farmers and land managers; and |
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| (e) | such other persons as the Secretary of State thinks appropriate.” |
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COMMONS AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendment 3 but propose Amendments 3A and 3B in |
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3A | Page 9, line 21, at end insert the following new Clause— |
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| “Maintenance of environmental principles etc. |
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| (1) | The Secretary of State must, within the period of six months beginning with |
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| the day on which this Act is passed, publish a draft Bill consisting of— |
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| (a) | a set of environmental principles, |
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| (b) | a duty on the Secretary of State to publish a statement of policy in |
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| relation to the application and interpretation of those principles in |
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| connection with the making and development of policies by |
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| (c) | a duty which ensures that Ministers of the Crown must have |
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| regard, in circumstances provided for by or under the Bill, to the |
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| statement mentioned in paragraph (b), |
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| (d) | provisions for the establishment of a public authority with |
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| functions for taking, in circumstances provided for by or under the |
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| Bill, proportionate enforcement action (including legal proceedings |
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| if necessary) where the authority considers that a Minister of the |
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| Crown is not complying with environmental law (as it is defined in |
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| (e) | such other provisions as the Secretary of State considers |
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| (2) | The set of environmental principles mentioned in subsection (1)(a) must |
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| (however worded) consist of— |
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| (a) | the precautionary principle so far as relating to the environment, |
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| (b) | the principle of preventative action to avert environmental damage, |
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| (c) | the principle that environmental damage should as a priority be |
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| (d) | the polluter pays principle, |
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| (e) | the principle of sustainable development, |
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| (f) | the principle that environmental protection requirements must be |
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| integrated into the definition and implementation of policies and |
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| (g) | public access to environmental information, |
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| (h) | public participation in environmental decision-making, and |
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| (i) | access to justice in relation to environmental matters.” |
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3B | Page 15, line 13, at end insert— |
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| “( ) | section (Maintenance of environmental principles etc.),” |
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4 | Insert the following new Clause— |
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| “Enhanced protection for certain areas of EU law |
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| (1) | Following the day on which this Act is passed, a Minister of the Crown may |
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| not amend, repeal or revoke retained EU law relating to— |
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| (a) | employment entitlements, rights and protection, |
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| (b) | equality entitlements, rights and protection, |
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| (c) | health and safety entitlements, rights and protection, |
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| (d) | consumer standards, or |
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| (e) | environmental standards and protection, |
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| | except by primary legislation, or by subordinate legislation made under |
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| any Act of Parliament insofar as this subordinate legislation meets the |
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| requirements in subsections (2) to (5). |
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| (2) | Subordinate legislation which amends, repeals or revokes retained EU law |
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| in the areas set out in subsection (1) must be subject to an enhanced scrutiny |
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| procedure, to be established by regulations made by the Secretary of State. |
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| (3) | Regulations under subsection (2) may not be made unless a draft has been |
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| laid before, and approved by a resolution of, each House of Parliament. |
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| (4) | The enhanced scrutiny procedure provided for by subsection (2) must |
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| include a period of consultation with relevant stakeholders. |
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| (5) | When making regulations relating to the areas of retained EU law set out |
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| in subsection (1), whether under this Act or any other Act of Parliament, a |
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| Minister of the Crown must— |
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| (a) | produce an explanatory statement under paragraph 22 of Schedule |
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| (b) | include a certification that the regulation does no more than make |
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| technical changes to retained EU law in order for it to work |
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| The Commons disagree to Lords Amendment 4 for the following Reason— |
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4A | Because the Bill already contains sufficient protection for the areas of EU law concerned. |
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5 | Page 3, line 20, leave out subsections (4) and (5) and insert— |
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| “( ) | The following provisions of the Charter of Fundamental Rights are not part |
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| of domestic law on or after exit day— |
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| The Commons disagree to Lords Amendment 5 for the following Reason— |
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5A | Because none of the Charter of Fundamental Rights should be part of domestic law on or |
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10 | Page 5, line 3, leave out “the Minister considers appropriate” and insert “is |
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| The Commons disagree to Lords Amendment 10 for the following Reason— |
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10A | Because it inappropriately restricts the power in Clause 7(1). |
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19 | Insert the following new Clause— |
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| “Parliamentary approval of the outcome of negotiations with the European Union |
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| (1) | Without prejudice to any other statutory provision relating to the |
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| withdrawal agreement, Her Majesty’s Government may conclude such an |
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| agreement only if a draft has been— |
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| (a) | approved by a resolution of the House of Commons, and |
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| (b) | subject to the consideration of a motion in the House of Lords. |
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| (2) | So far as practicable, a Minister of the Crown must make arrangements for |
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| the resolution provided for in subsection (1)(a) to be debated and voted on |
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| before the European Parliament has debated and voted on the draft |
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| (3) | Her Majesty’s Government may implement a withdrawal agreement only |
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| if Parliament has approved the withdrawal agreement and any transitional |
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| measures agreed within or alongside it by an Act of Parliament. |
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| (4) | Subsection (5) applies in each case that any of the conditions in subsections |
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| (5) | Her Majesty’s Government must follow any direction in relation to the |
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| negotiations under Article 50(2) of the Treaty on European Union which |
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| (a) | approved by a resolution of the House of Commons, and |
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| (b) | subject to the consideration of a motion in the House of Lords. |
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| (6) | The condition in this subsection is that the House of Commons has not |
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| approved the resolution required under subsection (1)(a) by 30 November |
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| (7) | The condition in this subsection is that the Act of Parliament required |
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| under subsection (3) has not received Royal Assent by 31 January 2019. |
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| (8) | The condition in this subsection is that no withdrawal agreement has been |
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| reached between the United Kingdom and the European Union by 28 |
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| (9) | In this section, “withdrawal agreement” means an agreement (whether or |
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| not ratified) between the United Kingdom and the EU under Article 50(2) |
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| of the Treaty on European Union which sets out the arrangements for the |
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| United Kingdom’s withdrawal from the EU and the framework for the |
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| United Kingdom’s future relationship with the European Union.” |
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COMMONS AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendment 19 but propose Amendments 19A and 19B |
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19A | Page 8, line 43, at end insert the following new Clause— |
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| “Parliamentary approval of the outcome of negotiations with the EU |
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| (1) | The withdrawal agreement may be ratified only if— |
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| (a) | a Minister of the Crown has laid before each House of Parliament— |
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| (i) | a statement that political agreement has been reached, |
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| (ii) | a copy of the negotiated withdrawal agreement, and |
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| (iii) | a copy of the framework for the future relationship, |
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| (b) | the negotiated withdrawal agreement and the framework for the |
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| future relationship have been approved by a resolution of the |
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| House of Commons on a motion moved by a Minister of the Crown, |
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| (c) | a motion for the House of Lords to take note of the negotiated |
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| withdrawal agreement and the framework for the future |
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| relationship has been tabled in the House of Lords by a Minister of |
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| (i) | the House of Lords has debated the motion, or |
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| (ii) | the House of Lords has not concluded a debate on the |
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| motion before the end of the period of five sitting days |
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| beginning with the first sitting day after the day on which |
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| the House of Commons passes the resolution mentioned in |
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| (d) | an Act of Parliament has been passed which contains provision for |
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| the implementation of the withdrawal agreement. |
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| (2) | So far as practicable, a Minister of the Crown must make arrangements for |
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| the motion mentioned in subsection (1)(b) to be debated and voted on by |
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| the House of Commons before the European Parliament decides whether it |
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| consents to the withdrawal agreement being concluded on behalf of the EU |
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| in accordance with Article 50(2) of the Treaty on European Union. |
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| (3) | Subsection (4) applies if the House of Commons decides not to pass the |
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| resolution mentioned in subsection (1)(b). |
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| (4) | A Minister of the Crown must, within the period of 28 days beginning with |
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| the day on which the House of Commons decides not to pass the |
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| resolution, make a statement setting out how Her Majesty’s Government |
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| proposes to proceed in relation to negotiations for the United Kingdom’s |
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| withdrawal from the EU under Article 50(2) of the Treaty on European |
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| (5) | A statement under subsection (4) must be made in writing and be |
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| published in such manner as the Minister making it considers appropriate. |
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| (6) | This section does not affect the operation of Part 2 of the Constitutional |
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| Reform and Governance Act 2010 (ratification of treaties) in relation to the |
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| “framework for the future relationship” means the document or |
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| documents identified, by the statement that political agreement has |
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| been reached, as reflecting the agreement in principle on the |
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| substance of the framework for the future relationship between the |
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| EU and the United Kingdom after withdrawal; |
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| “negotiated withdrawal agreement” means the draft of the |
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| withdrawal agreement identified by the statement that political |
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| agreement has been reached; |
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| “ratified”, in relation to the withdrawal agreement, has the same |
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| meaning as it does for the purposes of Part 2 of the Constitutional |
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| Reform and Governance Act 2010 in relation to a treaty (see section |
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| “sitting day” means a day on which the House of Lords is sitting (and |
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| a day is only a day on which the House of Lords is sitting if the |
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| House begins to sit on that day); |
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| “statement that political agreement has been reached” means a |
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| statement made in writing by a Minister of the Crown which— |
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| (a) | states that, in the Minister’s opinion, an agreement in |
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| principle has been reached in negotiations under Article |
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| 50(2) of the Treaty on European Union on the substance of— |
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| (i) | the arrangements for the United Kingdom’s |
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| withdrawal from the EU, and |
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| (ii) | the framework for the future relationship between |
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| the EU and the United Kingdom after withdrawal, |
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| (b) | identifies a draft of the withdrawal agreement which, in the |
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| Minister’s opinion, reflects the agreement in principle so far |
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| as relating to the arrangements for withdrawal, and |
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| (c) | identifies one or more documents which, in the Minister’s |
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| opinion, reflect the agreement in principle so far as relating |
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19B | Page 15, line 12, at end insert— |
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| “( ) | section (Parliamentary approval of the outcome of negotiations with the |
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20 | Page 7, line 7, after “to” insert— |
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| “(a) | approval by Parliament of a mandate for negotiations about the |
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| United Kingdom’s future relationship with the EU; and |
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| The Commons disagree to Lords Amendment 20 for the following Reason— |
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