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European Union (Withdrawal) Bill |
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COMMONS AGREEMENT AND AMENDMENTS TO AMENDMENT |
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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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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 |
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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 |
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| LORDS NON-INSISTENCE, AGREEMENT AND AMENDMENTS |
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| The Lords do not insist on their Amendment 19 and do agree with the Commons |
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| in their Amendments 19A and 19B in lieu and do propose Amendments 19C to |
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| 19E, 19G to 19L and 19P as amendments to Commons Amendment 19A— |
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19C | Line 17, after “five” insert “Lords” |
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19D | Line 18, after “first” insert “Lords” |
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19E | Line 30, leave out “28” and insert “21” |
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19G | |
| “(6A) | In subsection (1) “framework for the future relationship” means the |
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| document or documents identified, by the statement that political |
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| agreement has been reached, as reflecting the agreement in principle on the |
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| substance of the framework for the future relationship between the EU and |
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| the United Kingdom after withdrawal.” |
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19H | |
| ““Commons sitting day” means a day on which the House of |
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| Commons is sitting (and a day is only a day on which the House of |
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| Commons is sitting if the House begins to sit on that day);” |
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19J | Line 42, leave out from beginning of line 42 to end of line 46 |
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19K | |
| ““Lords sitting day” means a day on which the House of Lords is |
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| sitting (and a day is only a day on which the House of Lords is |
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| sitting if the House begins to sit on that day);” |
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19L | Line 54, leave out from beginning of line 54 to end of line 56 |
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19P | |
| “(5A) | A Minister of the Crown must make arrangements for— |
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| (a) | a motion for the House of Commons to approve the statement |
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| mentioned in subsection (4), to be moved in that House by a |
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| Minister of the Crown within the period of seven Commons sitting |
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| days beginning with the day on which the statement is made, and |
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| (b) | a motion for the House of Lords to take note of the statement to be |
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| moved in that House by a Minister of the Crown within the period |
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| of seven Lords sitting days beginning with the day on which the |
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| (5B) | Subsection (5C) applies if the Prime Minister makes a statement before the |
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| end of 21 January 2019 that no agreement in principle can be reached in |
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| negotiations under Article 50(2) of the Treaty on European Union on the |
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| (a) | the arrangements for the United Kingdom’s withdrawal from the |
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| (b) | the framework for the future relationship between the EU and the |
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| United Kingdom after withdrawal. |
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| (5C) | A Minister of the Crown must, within the period of 14 days beginning with |
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| the day on which the statement mentioned in subsection (5B) is made— |
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| (a) | make a statement setting out how Her Majesty’s Government |
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| (b) | make arrangements for— |
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| (i) | a motion for the House of Commons to approve the |
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| statement mentioned in paragraph (a), to be moved in that |
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| House by a Minister of the Crown within the period of |
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| seven Commons sitting days beginning with the day on |
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| which the statement mentioned in paragraph (a) is made, |
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| (ii) | a motion for the House of Lords to take note of the statement |
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| mentioned in paragraph (a) to be moved in that House by a |
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| Minister of the Crown within the period of seven Lords |
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| sitting days beginning with the day on which the statement |
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| mentioned in paragraph (a) is made. |
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| (5D) | A statement under subsection (5B) or (5C)(a) must be made in writing and |
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| be published in such manner as the Minister making it considers |
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| (5E) | Subsection (5F) applies if, at the end of 21 January 2019, there is no |
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| agreement in principle in negotiations under Article 50(2) of the Treaty on |
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| European Union on the substance of— |
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| (a) | the arrangements for the United Kingdom’s withdrawal from the |
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| (b) | the framework for the future relationship between the EU and the |
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| United Kingdom after withdrawal. |
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| (5F) | A Minister of the Crown must, within the period of five days beginning |
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| with the end of 21 January 2019— |
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| (a) | make a statement setting out how Her Majesty’s Government |
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| (b) | make arrangements for— |
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| (i) | a motion for the House of Commons to approve the |
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| statement mentioned in paragraph (a), to be moved in that |
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| House by a Minister of the Crown within the period of five |
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| Commons sitting days beginning with the end of 21 January |
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| (ii) | a motion for the House of Lords to take note of the statement |
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| mentioned in paragraph (a) to be moved in that House by a |
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| Minister of the Crown within the period of five Lords sitting |
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| days beginning with the end of 21 January 2019. |
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| (5G) | A statement under subsection (5F)(a) 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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| (5H) | For the purposes of this section— |
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| (a) | a statement made under subsection (4), (5C)(a) or (5F)(a) may be |
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| combined with a statement made under another of those |
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| (b) | a motion falling within subsection (5A)(a), (5C)(b)(i) or (5F)(b)(i) |
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| may be combined into a single motion with another motion falling |
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| within another of those provisions, and |
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| (c) | a motion falling within subsection (5A)(b), (5C)(b)(ii) or (5F)(b)(ii) |
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| may be combined into a single motion with another motion falling |
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| within another of those provisions.” |
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| COMMONS AGREEMENT AND AMENDMENTS TO AMENDMENT |
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| The Commons agree with the Lords in their Amendments 19C to 19E, 19G to 19L |
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| and 19P and propose the following amendments to Lords Amendment 19P— |
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19R | Line 3, leave out from “motion” to second “the” and insert “in neutral terms, to the |
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| effect that the House of Commons has considered the matter of” |
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19S | Line 24, leave out from “motion” to second “the” and insert “in neutral terms, to |
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| the effect that the House of Commons has considered the matter of” |
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